Florida 2024 Regular Session

Florida House Bill H6011 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12	12	A bill to be entitled 1
13	13	An act for the relief of the Estate of Danielle 2
14	14	Maudsley; providing an appropriation to compensate the 3
15	15	estate for Ms. Maudsley's death as a result of the 4
16	16	alleged negligence of Trooper Daniel Cole and the 5
17	17	Florida Highway Patrol, a division of the Department 6
18	18	of Highway Safety and Motor Vehicles; providing a 7
19	19	limitation on the payment of compensation and attorney 8
20	20	fees; providing an effective date. 9
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22	22	WHEREAS, on September 19, 2011, 20 -year-old Danielle 11
23	23	Maudsley was arrested for nonviolent traffic offenses and was 12
24	24	subsequently taken to the Florida Highway Patrol substation in 13
25	25	Pinellas Park for processing, and 14
26	26	WHEREAS, during the processing, Ms. Maudsley, who was still 15
27	27	handcuffed, attempted to flee, exiting the substation through a 16
28	28	side door, and 17
29	29	WHEREAS, as Ms. Maudsley exited the substation, Trooper 18
30	30	Daniel Cole of the Florida Highway Patrol followed her outside, 19
31	31	and 20
32	32	WHEREAS, Trooper Cole removed his electro nic control device 21
33	33	and fired it directly into Ms. Maudsley's back, causing her to 22
34	34	collapse and fall to the parking lot pavement with great 23
35	35	physical force and effect, and 24
36	36	WHEREAS, as a result of these events, Ms. Maudsley suffered 25 
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38	38	HB 6011 2024
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45	45	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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47	47	extensive traumatic brain injury and remained in a constant 26
48	48	vegetative state until her death on September 15, 2013, and 27
49	49	WHEREAS, in May 2015, a settlement agreement was entered 28
50	50	into between Julie Goddard, as personal representative of the 29
51	51	Estate of Danielle Maudsley, and the Flor ida Highway Patrol and 30
52	52	Trooper Cole to settle all claims arising out of Ms. Maudsley's 31
53	53	death, and 32
54	54	WHEREAS, the Florida Highway Patrol and Trooper Cole 33
55	55	acknowledged that, if the case had gone to trial in the United 34
56	56	States District Court for the Middle Dist rict of Florida, a jury 35
57	57	could reasonably have awarded damages in the amount of $1.95 36
58	58	million to the Estate of Danielle Maudsley, and 37
59	59	WHEREAS, the settlement agreement required the Division of 38
60	60	Risk Management of the Department of Financial Services to pay 39
61	61	$200,000 to the Estate of Danielle Maudsley in accordance with 40
62	62	the statutory limits of liability set forth in s. 768.28, 41
63	63	Florida Statutes, and 42
64	64	WHEREAS, Ms. Goddard, as personal representative of the 43
65	65	Estate of Danielle Maudsley, seeks satisfaction of the r emaining 44
66	66	balance of the settlement agreement, which is $1.75 million, 45
67	67	NOW, THEREFORE, 46
68	68	47
69	69	Be It Enacted by the Legislature of the State of Florida: 48
70	70	49
71	71	Section 1. The facts stated in the preamble to this act 50 
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73	73	HB 6011 2024
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80	80	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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82	82	are found and declared to be true. 51
83	83	Section 2. The sum of $1.75 million is appropriated from 52
84	84	the General Revenue Fund to the Department of Highway Safety and 53
85	85	Motor Vehicles for the relief of the Estate of Danielle Maudsley 54
86	86	for injuries and damages sustained as a result of the death of 55
87	87	Danielle Maudsley. 56
88	88	Section 3. The Chief Financial Officer is directed to draw 57
89	89	a warrant payable to the Estate of Danielle Maudsley in the sum 58
90	90	of $1.75 million, minus amounts required to satisfy outstanding 59
91	91	Medicaid liens relating to the medical expenses and care of 60
92	92	Danielle Maudsley, upon funds of the Department of Highway 61
93	93	Safety and Motor Vehicles in the State Treasury and to pay the 62
94	94	same out of such funds. 63
95	95	Section 4. The amount paid by the Division of Risk 64
96	96	Management of the Department of Financial Services in accordance 65
97	97	with the statutory limits of liability set forth in s. 768.28, 66
98	98	Florida Statutes, and the amount awarded under this act are 67
99	99	intended to provide the sole compensation for all present and 68
100	100	future claims arising out of the factual situation described in 69
101	101	this act which resulted in the death of Danielle Maudsley. The 70
102	102	total amount paid for attorney fees relating to this claim may 71
103	103	not exceed 25 percent of the amount awarded under this act. 72
104	104	Section 5. This act shall take effect upon becoming a law. 73