Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 64
       
       
       
       
       
       
                                Ì511738:Î511738                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/16/2016           .                                
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       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,