Senate Bill sb0028

    Florida Senate - 2007                                    SB 28

    By Senator Lawson





    6-107-07

  1                      A bill to be entitled

  2         An act relating to Florida State University;

  3         providing for the relief of Dennis Darling,

  4         Sr., and Wendy Smith, parents of Devaughn

  5         Darling, deceased, for the loss of their son,

  6         Devaughn Darling, while he was engaged in

  7         football preseason training on the Florida

  8         State University campus; providing an

  9         appropriation; providing an effective date.

10  

11         WHEREAS, on February 21, 2001, Devaughn Darling

12  collapsed and died while participating in preseason training

13  in preparation for the upcoming football season at Florida

14  State University, and

15         WHEREAS, after litigation had ensued and during

16  mediation, the parents of Devaughn Darling and Florida State

17  University agreed to compromise and settle all of the disputed

18  claims rather than continue with litigation and its attendant

19  uncertainties, and

20         WHEREAS, the parties resolved, compromised, and settled

21  all claims by a stipulated settlement agreement that provided

22  for the entry of a consent final judgment against Florida

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

24  Division of Risk Management of the Department of Financial

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

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  

                                  1

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






    Florida Senate - 2007                                    SB 28
    6-107-07




 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 to pay the same

16  out of such funds in the State Treasury.

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

18  law.

19  

20            *****************************************

21                          SENATE SUMMARY

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

25  

26  

27  

28  

29  

30  

31  

                                  2

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