Florida Senate - 2010                              (NP)    SB 42
       By Senator Joyner
       18-00015A-10                                            201042__
    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 to compensate them for the
    5         loss of their son, Devaughn Darling, whose death
    6         occurred while he was engaged in football preseason
    7         training on the Florida State University campus;
    8         providing a limitation on the payment of fees and
    9         costs; providing an effective date.
   11         WHEREAS, on February 21, 2001, Devaughn Darling collapsed
   12  and died while participating in preseason training in
   13  preparation for the upcoming football season at Florida State
   14  University, and
   15         WHEREAS, after litigation had ensued and during mediation,
   16  the parents of Devaughn Darling and Florida State University
   17  agreed to compromise and settle all of the disputed claims
   18  rather than continue with litigation and its attendant
   19  uncertainties, and
   20         WHEREAS, the parties resolved, compromised, and settled all
   21  claims by a stipulated settlement agreement providing for the
   22  entry of a consent final judgment against Florida State
   23  University in the amount of $2 million, of which the Division of
   24  Risk Management of the Department of Financial Services has paid
   25  the sum of $200,000, the limit under s. 768.28, Florida
   26  Statutes, and
   27         WHEREAS, as provided by the settlement agreement, the
   28  remaining unpaid portion of the consent judgment, $1.8 million,
   29  is sought to be paid to the plaintiffs by the filing of this
   30  claim bill and the university’s support thereof seeking specific
   31  appropriation by the Legislature, NOW, THEREFORE,
   33  Be It Enacted by the Legislature of the State of Florida:
   35         Section 1. The facts stated in the preamble to this act are
   36  found and declared to be true.
   37         Section 2. The sum of $1.8 million is appropriated out of
   38  funds not otherwise encumbered, to be paid to Wendy Smith and
   39  Dennis Darling, Sr., parents of decedent Devaughn Darling, as
   40  relief for their losses.
   41         Section 3. A warrant shall be drawn in favor of Wendy Smith
   42  and Dennis Darling, Sr., parents of Devaughn Darling, deceased,
   43  in the sum of $1.8 million.
   44         Section 4. The amount paid by the Division of Risk
   45  Management of the Department of Financial Services pursuant to
   46  s. 768.28, Florida Statutes, and this award are intended to
   47  provide the sole compensation for all present and future claims
   48  arising out of the factual situation described in this act which
   49  resulted in the death of Devaughn Darling. The total amount paid
   50  for attorney’s fees, lobbying fees, costs, and other similar
   51  expenses relating to this claim may not exceed 25 percent of the
   52  amount awarded under this act.
   53         Section 5. This act shall take effect upon becoming a law.