Senate Bill sb0032

    Florida Senate - 2006        (Corrected Copy)            SB 32

    By Senator Lawson





    6-114-06

  1                      A bill to be entitled

  2         An act relating to the Florida State

  3         University; providing for the relief of Dennis

  4         Darling, Sr., and Wendy Smith, parents of

  5         Devaughn Darling, deceased, for the loss of

  6         their son, Devaughn Darling, while he was

  7         engaged in football preseason training on the

  8         Florida State University campus; providing an

  9         appropriation; providing an effective date.

10  

11         WHEREAS, on or about February 21, 2001, Devaughn

12  Darling collapsed and died while participating in preseason

13  training in preparation for the upcoming football season at

14  the Florida State University, and

15         WHEREAS, after litigation had ensued and during

16  mediation, the parents of Devaughn Darling and the Florida

17  State University agreed to compromise and settle any and all

18  of the disputed claims rather than continue with litigation

19  and its attendant uncertainties, and

20         WHEREAS, the parties resolved, compromised, and settled

21  any and all claims by a stipulated settlement agreement that

22  provided for the entry of a consent final judgment against the

23  Florida State University in the amount of $2 million, of which

24  the Division of Risk Management of the Department of Financial

25  Services has paid the sum of $200,000, the limit under section

26  768.28, Florida Statutes, and

27         WHEREAS, as provided by the settlement agreement, the

28  remaining unpaid portion of the consent judgment, $1.8

29  million, is sought to be paid to the plaintiffs by the filing

30  of this claim bill and the university's support thereof

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006        (Corrected Copy)            SB 32
    6-114-06




 1  seeking specific appropriation by the Legislature, NOW,

 2  THEREFORE,

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  The facts stated in the preamble to this

 7  act are found and declared to be true.

 8         Section 2.  The sum of $1.8 million is appropriated out

 9  of funds in the General Revenue Fund not otherwise encumbered,

10  to be paid to Wendy Smith and Dennis Darling, Sr., parents of

11  decedent Devaughn Darling, as relief for their losses.

12         Section 3.  The Chief Financial Officer is directed to

13  draw a warrant in favor of Wendy Smith and Dennis Darling,

14  Sr., parents of Devaughn Darling, deceased, in the sum of $1.8

15  million upon funds in the State Treasury, and the Chief

16  Financial Officer is directed to pay the same out of such

17  funds in the State Treasury.

18         Section 4.  This act shall take effect upon becoming a

19  law.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Provides for an appropriation for the relief of Wendy
      Smith and Dennis Darling, Sr., parents of decedent
24    Devaughn Darling, for the death of their son during
      football preseason training at the Florida State
25    University.

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CODING: Words stricken are deletions; words underlined are additions.