Florida Senate - 2022 (NP) SB 56 By Senator Jones 35-00177-22 202256__ 1 A bill to be entitled 2 An act for the relief of the Estate of Danielle 3 Maudsley; providing an appropriation to compensate the 4 Estate of Danielle Maudsley for Ms. Maudsley’s death, 5 sustained as a result of the alleged negligence of 6 Trooper Daniel Cole and the Florida Highway Patrol, a 7 division of the Department of Highway Safety and Motor 8 Vehicles; providing a limitation on the payment of 9 compensation and attorney fees; providing an effective 10 date. 11 12 WHEREAS, on September 19, 2011, 20-year-old Danielle 13 Maudsley was arrested for nonviolent traffic infractions and was 14 subsequently taken to the Florida Highway Patrol substation in 15 Pinellas Park for processing, and 16 WHEREAS, during the processing, Ms. Maudsley, who was still 17 handcuffed, attempted to flee, exiting the substation through a 18 side door, and 19 WHEREAS, as Ms. Maudsley exited the substation, Trooper 20 Daniel Cole of the Florida Highway Patrol followed her outside, 21 and 22 WHEREAS, Trooper Cole proceeded to remove his electronic 23 control device and fired it directly into Ms. Maudsley’s back, 24 causing her to collapse and fall to the parking lot pavement 25 with great physical force and effect, and 26 WHEREAS, as a result of these events, Ms. Maudsley suffered 27 extensive traumatic brain injury and remained in a constant 28 vegetative state until her death on September 15, 2013, and 29 WHEREAS, in May 2015, a settlement agreement was entered 30 into between Julie Goddard, as personal representative of the 31 Estate of Danielle Maudsley, and the Florida Highway Patrol and 32 Trooper Cole to settle all claims arising out of Ms. Maudsley’s 33 death, and 34 WHEREAS, the Florida Highway Patrol and Trooper Cole 35 acknowledged that, if the case had gone to trial in the United 36 States District Court for the Middle District of Florida, a jury 37 could reasonably have awarded damages in the amount of $1.95 38 million to the Estate of Danielle Maudsley, and 39 WHEREAS, the settlement agreement required the Division of 40 Risk Management of the Department of Financial Services to pay 41 $200,000 to the Estate of Danielle Maudsley in accordance with 42 the statutory limits of liability set forth in s. 768.28, 43 Florida Statutes, and 44 WHEREAS, Ms. Goddard, as personal representative of the 45 Estate of Danielle Maudsley, seeks satisfaction of the remaining 46 balance of the settlement agreement, which is $1.75 million, 47 NOW, THEREFORE, 48 49 Be It Enacted by the Legislature of the State of Florida: 50 51 Section 1. The facts stated in the preamble to this act are 52 found and declared to be true. 53 Section 2. The sum of $1.75 million is appropriated from 54 the General Revenue Fund to the Department of Highway Safety and 55 Motor Vehicles for the relief of the Estate of Danielle Maudsley 56 for injuries and damages sustained as a result of the death of 57 Danielle Maudsley. 58 Section 3. The Chief Financial Officer is directed to draw 59 a warrant payable to the Estate of Danielle Maudsley in the sum 60 of $1.75 million, minus amounts required to satisfy outstanding 61 Medicaid liens relating to the medical expenses and care of 62 Danielle Maudsley, upon funds of the Department of Highway 63 Safety and Motor Vehicles in the State Treasury and to pay the 64 same out of such funds. 65 Section 4. The amount paid by the Division of Risk 66 Management of the Department of Financial Services in accordance 67 with the statutory limits of liability set forth in s. 768.28, 68 Florida Statutes, and the amount awarded under this act are 69 intended to provide the sole compensation for all present and 70 future claims arising out of the factual situation described in 71 this act which resulted in the death of Danielle Maudsley. The 72 total amount paid for attorney fees relating to this claim may 73 not exceed 25 percent of the amount awarded under this act. 74 Section 5. This act shall take effect July 1, 2022.