Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 64 Ì511738:Î511738 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/16/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Simpson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. The facts stated in the preamble to this act are 6 found and declared to be true. 7 Section 2. The sum of $1.75 million is appropriated from 8 the General Revenue Fund to the Department of Highway Safety and 9 Motor Vehicles for the relief of the Estate of Danielle Maudsley 10 for injuries and damages sustained as a result of the death of 11 Danielle Maudsley. 12 Section 3. The Chief Financial Officer is directed to draw 13 a warrant in favor of the Estate of Danielle Maudsley in the sum 14 of $1.75 million minus payments required to satisfy outstanding 15 Medicaid liens relating to the medical expenses and care of 16 Danielle Maudsley upon funds of the Department of Highway Safety 17 and Motor Vehicles in the State Treasury and to pay the same out 18 of such funds in the State Treasury. 19 Section 4. The amount paid by the Division of Risk 20 Management of the Department of Financial Services in accordance 21 with the statutory limits of liability set forth in s. 768.28, 22 Florida Statutes, and the amount awarded under this act are 23 intended to provide the sole compensation for all present and 24 future claims arising out of the factual situation described in 25 this act which resulted in the death of Ms. Maudsley. The total 26 amount paid for attorney fees, lobbying fees, costs, and similar 27 expenses relating to this claim may not exceed 25 percent of the 28 amount awarded under this act. 29 Section 5. This act shall take effect July 1, 2016. 30 31 ================= T I T L E A M E N D M E N T ================ 32 And the title is amended as follows: 33 Delete everything before the enacting clause 34 and insert: 35 A bill to be entitled 36 An act for the relief of the Estate of Danielle 37 Maudsley; providing for an appropriation to compensate 38 the Estate of Danielle Maudsley for Ms. Maudsley’s 39 death, sustained as a result of the alleged negligence 40 of Trooper Daniel Cole and the Florida Highway Patrol, 41 a division of the Department of Highway Safety and 42 Motor Vehicles; providing that certain payments and 43 the appropriation satisfy all present and future 44 claims related to the alleged acts; providing a 45 limitation on the payment of compensation, fees, and 46 costs; providing an effective date. 47 48 WHEREAS, on September 19, 2011, 20-year old Danielle 49 Maudsley was arrested for nonviolent traffic infractions and was 50 subsequently taken to the Florida Highway Patrol substation in 51 Pinellas Park for processing, and 52 WHEREAS, during the processing, Ms. Maudsley attempted to 53 flee through the side door of the substation, and 54 WHEREAS, as Ms. Maudsley exited the side door of the 55 substation, still handcuffed, Trooper Daniel Cole of the Florida 56 Highway Patrol followed her outside, and 57 WHEREAS, Trooper Cole proceeded to remove his electronic 58 control device and fired it directly into Ms. Maudsley’s back, 59 causing her to collapse and fall to the parking lot pavement 60 with great physical force and effect, and 61 WHEREAS, as a result of these events, Ms. Maudsley suffered 62 extensive traumatic brain injury and remained in a constant 63 vegetative state until her death on September 15, 2013, and 64 WHEREAS, in May 2015, a settlement agreement was entered 65 into between Julie Goddard, as personal representative of the 66 Estate of Danielle Maudsley, and the Florida Highway Patrol and 67 Trooper Cole to settle all claims arising out of Ms. Maudsley’s 68 death, and 69 WHEREAS, the Florida Highway Patrol and Trooper Cole 70 acknowledged that if this case had gone to trial in the United 71 States District Court for the Middle District of Florida, a jury 72 could reasonably have awarded damages in the amount of $1.95 73 million to the Estate of Danielle Maudsley, and 74 WHEREAS, the settlement agreement required the Division of 75 Risk Management of the Department of Financial Services to pay 76 $200,000 to the Estate of Danielle Maudsley in accordance with 77 the statutory limits of liability set forth in s. 768.28, 78 Florida Statutes, and 79 WHEREAS, Ms. Goddard, as personal representative of the 80 Estate of Danielle Maudsley, seeks satisfaction of the remaining 81 balance of the settlement agreement, which is $1.75 million, 82 NOW, THEREFORE,