THE BILL ITSELF
SB 2
Relief of the Estate of Danielle Maudsley by the Department of Highway Safety and Motor Vehicles
Florida Senate - 2026 (NP) SB 2 By Senator Jones 34-00026-26 20262__
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A bill to be entitled
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An act for the relief of the Estate of Danielle
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Maudsley; providing an appropriation to compensate the
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estate for Ms. Maudsley’s death as a result of the
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alleged negligence of Trooper Daniel Cole and the
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Florida Highway Patrol, a division of the Department
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of Highway Safety and Motor Vehicles; providing a
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limitation on the payment of compensation and attorney
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fees; providing an effective date.
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WHEREAS, on September 19, 2011, 20-year-old Danielle
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Maudsley was arrested for nonviolent traffic offenses and was
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subsequently taken to the Florida Highway Patrol substation in
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Pinellas Park for processing, and
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WHEREAS, during the processing, Ms. Maudsley, who was still
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handcuffed, attempted to flee the substation through a side
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door, and
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WHEREAS, as Ms. Maudsley exited the substation, Trooper
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Daniel Cole of the Florida Highway Patrol followed her outside,
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and
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WHEREAS, Trooper Cole removed his electronic control device
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and fired it directly into Ms. Maudsley’s back, causing her to
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collapse and fall to the parking lot pavement with great
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physical force and effect, and
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WHEREAS, as a result of these events, Ms. Maudsley suffered
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extensive traumatic brain injury and remained in a constant
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vegetative state until her death on September 15, 2013, and
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WHEREAS, in May 2015, a settlement agreement was entered
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into between Julie Goddard, as personal representative of the
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Estate of Danielle Maudsley, and the Florida Highway Patrol and
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Trooper Cole to settle all claims arising out of Ms. Maudsley’s
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death, and
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WHEREAS, the Florida Highway Patrol and Trooper Cole
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acknowledged that, if the case had gone to trial in the United
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States District Court for the Middle District of Florida, a jury
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could reasonably have awarded damages in the amount of $1.95
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million to the Estate of Danielle Maudsley, and
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WHEREAS, the settlement agreement required the Division of
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Risk Management of the Department of Financial Services to pay
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$200,000 to the Estate of Danielle Maudsley in accordance with
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the statutory limits of liability set forth in s. 768.28,
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Florida Statutes, and
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WHEREAS, Ms. Goddard, as personal representative of the
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Estate of Danielle Maudsley, seeks satisfaction of the remaining
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balance of the settlement agreement, which is $1.75 million,
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NOW, THEREFORE,
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. The facts stated in the preamble to this act are
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found and declared to be true.
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Section 2. The sum of $1.75 million is appropriated from
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the General Revenue Fund to the Department of Highway Safety and
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Motor Vehicles for the relief of the Estate of Danielle Maudsley
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for damages sustained as a result of the injuries to Danielle
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Maudsley and her subsequent death.
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Section 3. The Chief Financial Officer is directed to draw
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a warrant payable to the Estate of Danielle Maudsley in the sum
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of $1.75 million, minus amounts required to satisfy outstanding
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Medicaid liens relating to the medical expenses and care of
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Danielle Maudsley, upon funds of the Department of Highway
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Safety and Motor Vehicles in the State Treasury and to pay the
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same out of such funds.
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Section 4. The amount paid by the Division of Risk
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Management of the Department of Financial Services in accordance
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with the statutory limits of liability set forth in s. 768.28,
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Florida Statutes, and the amount awarded under this act are
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intended to provide the sole compensation for all present and
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future claims arising out of the factual situation described in
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this act which resulted in the death of Danielle Maudsley. The
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total amount paid for attorney fees relating to this claim may
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not exceed 25 percent of the amount awarded under this act.
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Section 5. This act shall take effect upon becoming a law.