Florida Senate - 2023 (NP) SB 18 By Senator Jones 35-00095-23 202318__ 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 for Ms. Maudsley’s death as a result of the 5 alleged negligence of Trooper Daniel Cole and the 6 Florida Highway Patrol, a division of the Department 7 of Highway Safety and Motor Vehicles; providing a 8 limitation on the payment of compensation and attorney 9 fees; providing an effective date. 10 11 WHEREAS, on September 19, 2011, 20-year-old Danielle 12 Maudsley was arrested for nonviolent traffic offenses and was 13 subsequently taken to the Florida Highway Patrol substation in 14 Pinellas Park for processing, and 15 WHEREAS, during the processing, Ms. Maudsley, who was still 16 handcuffed, attempted to flee, exiting the substation through a 17 side door, and 18 WHEREAS, as Ms. Maudsley exited the substation, Trooper 19 Daniel Cole of the Florida Highway Patrol followed her outside, 20 and 21 WHEREAS, Trooper Cole removed his electronic control device 22 and fired it directly into Ms. Maudsley’s back, causing her to 23 collapse and fall to the parking lot pavement with great 24 physical force and effect, and 25 WHEREAS, as a result of these events, Ms. Maudsley suffered 26 extensive traumatic brain injury and remained in a constant 27 vegetative state until her death on September 15, 2013, and 28 WHEREAS, in May 2015, a settlement agreement was entered 29 into between Julie Goddard, as personal representative of the 30 Estate of Danielle Maudsley, and the Florida Highway Patrol and 31 Trooper Cole to settle all claims arising out of Ms. Maudsley’s 32 death, and 33 WHEREAS, the Florida Highway Patrol and Trooper Cole 34 acknowledged that, if the case had gone to trial in the United 35 States District Court for the Middle District of Florida, a jury 36 could reasonably have awarded damages in the amount of $1.95 37 million to the Estate of Danielle Maudsley, and 38 WHEREAS, the settlement agreement required the Division of 39 Risk Management of the Department of Financial Services to pay 40 $200,000 to the Estate of Danielle Maudsley in accordance with 41 the statutory limits of liability set forth in s. 768.28, 42 Florida Statutes, and 43 WHEREAS, Ms. Goddard, as personal representative of the 44 Estate of Danielle Maudsley, seeks satisfaction of the remaining 45 balance of the settlement agreement, which is $1.75 million, 46 NOW, THEREFORE, 47 48 Be It Enacted by the Legislature of the State of Florida: 49 50 Section 1. The facts stated in the preamble to this act are 51 found and declared to be true. 52 Section 2. The sum of $1.75 million is appropriated from 53 the General Revenue Fund to the Department of Highway Safety and 54 Motor Vehicles for the relief of the Estate of Danielle Maudsley 55 for injuries and damages sustained as a result of the death of 56 Danielle Maudsley. 57 Section 3. The Chief Financial Officer is directed to draw 58 a warrant payable to the Estate of Danielle Maudsley in the sum 59 of $1.75 million, minus amounts required to satisfy outstanding 60 Medicaid liens relating to the medical expenses and care of 61 Danielle Maudsley, upon funds of the Department of Highway 62 Safety and Motor Vehicles in the State Treasury and to pay the 63 same out of such funds. 64 Section 4. The amount paid by the Division of Risk 65 Management of the Department of Financial Services in accordance 66 with the statutory limits of liability set forth in s. 768.28, 67 Florida Statutes, and the amount awarded under this act are 68 intended to provide the sole compensation for all present and 69 future claims arising out of the factual situation described in 70 this act which resulted in the death of Danielle Maudsley. The 71 total amount paid for attorney fees relating to this claim may 72 not exceed 25 percent of the amount awarded under this act. 73 Section 5. This act shall take effect upon becoming a law.