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.