Title: Relief of the Estate of Danielle Maudsley/Department of Highway Safety and Motor Vehicles

Summary: Providing for the relief of the Estate of Danielle Maudsley; providing an appropriation to compensate the Estate of Danielle Maudsley for Ms. Maudsley's death, sustained as a result of the alleged negligence of Trooper Daniel Cole and the Florida Highway Patrol, a division of the Department of Highway Safety and Motor Vehicles; providing a limitation on the payment of attorney fees, etc.

Full Text:
WHEREAS, during the processing, Ms. Maudsley, who was still handcuffed, attempted to flee, exiting the substation through a side door, and WHEREAS, as Ms. Maudsley exited the substation, Trooper Daniel Cole of the Florida Highway Patrol followed her outside, and WHEREAS, Trooper Cole proceeded to remove his electronic control device and fired it directly into Ms. Maudsley s back, causing her to collapse and fall to the parking lot pavement with great physical force and effect, and WHEREAS, as a result of these events, Ms. Maudsley suffered extensive traumatic brain injury and remained in a constant vegetative state until her death on September 15, 2013, and WHEREAS, in May 2015, a settlement agreement was entered into between Julie Goddard, as personal representative of the Estate of Danielle Maudsley, and the Florida Highway Patrol and Trooper Cole to settle all claims arising out of Ms. Maudsley s death, and WHEREAS, the Florida Highway Patrol and Trooper Cole acknowledged that, if the case had gone to trial in the United States District Court for the Middle District of Florida, a jury could reasonably have awarded damages in the amount of $1.95 million to the Estate of Danielle Maudsley, and WHEREAS, the settlement agreement required the Division of Risk Management of the Department of Financial Services to pay $200,000 to the Estate of Danielle Maudsley in accordance with the statutory limits of liability set forth in s. 768.28, Florida Statutes, and WHEREAS, Ms. Goddard, as personal representative of the Estate of Danielle Maudsley, seeks satisfaction of the remaining balance of the settlement agreement, which is $1.75 million, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida: Section 1.  The facts stated in the preamble to this act are found and declared to be true. Section 2.  The sum of $1.75 million is appropriated from the General Revenue Fund to the Department of Highway Safety and Motor Vehicles for the relief of the Estate of Danielle Maudsley for injuries and damages sustained as a result of the death of Danielle Maudsley. Section 3.  The Chief Financial Officer is directed to draw a warrant payable to the Estate of Danielle Maudsley in the sum of $1.75 million, minus amounts required to satisfy outstanding Medicaid liens relating to the medical expenses and care of Danielle Maudsley, upon funds of the Department of Highway Safety and Motor Vehicles in the State Treasury and to pay the same out of such funds. Section 4.  The amount paid by the Division of Risk Management of the Department of Financial Services in accordance with the statutory limits of liability set forth in s. 768.28, Florida Statutes, and the amount awarded under this act are intended to provide the sole compensation for all present and future claims arising out of the factual situation described in this act which resulted in the death of Danielle Maudsley. The total amount paid for attorney fees relating to this claim may not exceed percent of the amount awarded under this act. Section 5. This act shall take effect July 1, 2020.