Florida Senate - 2009                     (Reformatted)    SB 26
       
       
       
       By Senator Lawson
       
       
       
       
       6-00096-09                                              200926__
    1                        A bill to be entitled                      
    2         An act for the relief of Dennis Darling, Sr., and
    3         Wendy Smith, parents of Devaughn Darling, deceased;
    4         providing an appropriation for the loss of their son,
    5         Devaughn Darling, while he was engaged in football
    6         preseason training on the Florida State University
    7         campus; providing a limitation on the payment of fees
    8         and costs; providing an effective date.
    9  
   10         WHEREAS, on February 21, 2001, Devaughn Darling collapsed
   11  and died while participating in preseason training in
   12  preparation for the upcoming football season at Florida State
   13  University, and
   14         WHEREAS, after litigation had ensued and during mediation,
   15  the parents of Devaughn Darling and Florida State University
   16  agreed to compromise and settle all of the disputed claims
   17  rather than continue with litigation and its attendant
   18  uncertainties, and
   19         WHEREAS, the parties resolved, compromised, and settled all
   20  claims by a stipulated settlement agreement providing for the
   21  entry of a consent final judgment against Florida State
   22  University in the amount of $2 million, of which the Division of
   23  Risk Management of the Department of Financial Services has paid
   24  the sum of $200,000, the limit under s. 768.28, Florida
   25  Statutes, and
   26         WHEREAS, as provided by the settlement agreement, the
   27  remaining unpaid portion of the consent judgment, $1.8 million,
   28  is sought to be paid to the plaintiffs by the filing of this
   29  claim bill and the university's support thereof seeking specific
   30  appropriation by the Legislature, NOW, THEREFORE,
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33         
   34         Section 1. The facts stated in the preamble to this act are
   35  found and declared to be true.
   36         Section 2. The sum of $1.8 million is appropriated out of
   37  funds in the General Revenue Fund not otherwise encumbered, to
   38  be paid to Wendy Smith and Dennis Darling, Sr., parents of
   39  decedent Devaughn Darling, as relief for their losses.
   40         Section 3. The Chief Financial Officer is directed to draw
   41  a warrant in favor of Wendy Smith and Dennis Darling, Sr.,
   42  parents of Devaughn Darling, deceased, in the sum of $1.8
   43  million upon funds in the State Treasury and to pay the same out
   44  of such funds in the State Treasury.
   45         Section 4. This award is intended to provide the sole
   46  compensation for all present and future claims arising out of
   47  the factual situation described in this act which resulted in
   48  the death of Devaughn Darling. The total amount paid for
   49  attorney's fees, lobbying fees, costs, and other similar
   50  expenses relating to this claim may not exceed 25 percent of the
   51  amount awarded under this act.
   52         Section 5. This act shall take effect upon becoming a law.