| 1 | A bill to be entitled |
| 2 | An act for the relief of Dennis Darling, Sr., and Wendy |
| 3 | Smith, parents of Devaughn Darling, deceased; providing an |
| 4 | appropriation to compensate them for the loss of their |
| 5 | son, Devaughn Darling, while he was engaged in football |
| 6 | preseason training on the Florida State University campus; |
| 7 | providing an effective date. |
| 8 |
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| 9 | WHEREAS, on or about February 21, 2001, Devaughn Darling |
| 10 | collapsed and died while participating in preseason training in |
| 11 | preparation for the upcoming football season at the Florida |
| 12 | State University, and |
| 13 | WHEREAS, after litigation had ensued and during mediation, |
| 14 | the parents of Devaughn Darling and the Florida State University |
| 15 | agreed to compromise and settle any and all of the disputed |
| 16 | claims rather than continue with litigation and its attendant |
| 17 | uncertainties, and |
| 18 | WHEREAS, the parties resolved, compromised, and settled any |
| 19 | and all claims by a stipulated settlement agreement that |
| 20 | provided for the entry of a consent final judgment against the |
| 21 | Florida State University in the amount of $2 million, of which |
| 22 | the Division of Risk Management of the Department of Financial |
| 23 | Services has paid the sum of $200,000, the limit of liability |
| 24 | under section 768.28, Florida Statutes, and |
| 25 | WHEREAS, as provided by the settlement agreement, the |
| 26 | remaining unpaid portion of the consent judgment, $1.8 million, |
| 27 | is sought to be paid to the plaintiffs by the filing of this |
| 28 | claim bill and the university's support thereof seeking specific |
| 29 | appropriation by the Legislature, NOW, THEREFORE, |
| 30 |
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| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
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| 33 | Section 1. The facts stated in the preamble to this act |
| 34 | are found and declared to be true. |
| 35 | Section 2. There is appropriated from the General Revenue |
| 36 | Fund the sum of $1,800,000 for the relief of Wendy Smith and |
| 37 | Dennis Darling, Sr., parents of Devaughn Darling, deceased, as |
| 38 | relief for their losses. |
| 39 | Section 3. The Chief Financial Officer is directed to draw |
| 40 | a warrant in favor of Wendy Smith and Dennis Darling, Sr., |
| 41 | parents of Devaughn Darling, deceased, in the sum of $1,800,000 |
| 42 | upon funds in the State Treasury, and the Chief Financial |
| 43 | Officer is directed to pay the same out of such funds in the |
| 44 | State Treasury. |
| 45 | Section 4. This act shall take effect upon becoming a law. |