| 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 |
| 4 | an appropriation for the loss of their son, Devaughn |
| 5 | Darling, while he was engaged in football preseason |
| 6 | training on the Florida State University campus; |
| 7 | providing a limitation on the total amount paid for |
| 8 | attorney's fees, lobbying fees, costs, and other similar |
| 9 | expenses relating to the claim; providing an effective |
| 10 | date. |
| 11 |
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| 12 | WHEREAS, on February 21, 2001, Devaughn Darling collapsed |
| 13 | and died while participating in preseason training in |
| 14 | preparation for the upcoming football season at Florida State |
| 15 | University, and |
| 16 | WHEREAS, after litigation had ensued and during |
| 17 | mediation, the parents of Devaughn Darling and Florida State |
| 18 | University agreed to compromise and settle all of the disputed |
| 19 | claims rather than continue with litigation and its attendant |
| 20 | uncertainties, and |
| 21 | WHEREAS, the parties resolved, compromised, and settled |
| 22 | all claims by a stipulated settlement agreement that provided |
| 23 | for the entry of a consent final judgment against Florida |
| 24 | State University in the amount of $2 million, of which the |
| 25 | Division of Risk Management of the Department of Financial |
| 26 | Services has paid the sum of $200,000, the limit under s. |
| 27 | 768.28, Florida Statutes, and |
| 28 | WHEREAS, as provided by the settlement agreement, the |
| 29 | remaining unpaid portion of the consent judgment, $1.8 |
| 30 | million, is sought to be paid to the plaintiffs by the filing |
| 31 | of this claim bill and the university's support thereof |
| 32 | seeking specific appropriation by the Legislature, NOW, |
| 33 | THEREFORE, |
| 34 |
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| 35 | Be It Enacted by the Legislature of the State of Florida: |
| 36 |
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| 37 | Section 1. The facts stated in the preamble to this act |
| 38 | are found and declared to be true. |
| 39 | Section 2. (1) The sum of $1,800,000 is appropriated |
| 40 | out of funds in the General Revenue Fund not otherwise |
| 41 | encumbered, to be paid to Wendy Smith and Dennis Darling, Sr., |
| 42 | parents of decedent Devaughn Darling, as relief for their |
| 43 | losses. |
| 44 | (2) Any amount paid by the Division of Risk Management |
| 45 | of the Department of Financial Services pursuant to the waiver |
| 46 | of sovereign immunity permitted under s. 768.28, Florida |
| 47 | Statutes, and the award under this act is intended to provide |
| 48 | the sole compensation for all present and future claims |
| 49 | arising out of the factual situation described in the preamble |
| 50 | to this act which resulted in the death of Devaughn Darling. |
| 51 | The total amount paid for attorney's fees, lobbying fees, |
| 52 | costs, and other similar expenses relating to this claim may |
| 53 | not exceed 25 percent of the amount awarded under this act. |
| 54 | Section 3. The Chief Financial Officer is directed to |
| 55 | draw a warrant in favor of Wendy Smith and Dennis Darling, |
| 56 | Sr., parents of Devaughn Darling, deceased, in the sum of |
| 57 | $1,800,000 upon funds in the State Treasury, and the Chief |
| 58 | Financial Officer is directed to pay the same out of such |
| 59 | funds in the State Treasury not otherwise appropriated. |
| 60 | Section 4. This act shall take effect upon becoming a |