| 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 an |
| 4 | appropriation to compensate them for the loss of their |
| 5 | son, Devaughn Darling, whose death occurred while he was |
| 6 | engaged in football preseason training on the Florida |
| 7 | State University campus; providing a limitation on the |
| 8 | payment of fees and costs; providing an effective date. |
| 9 |
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| 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 |
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| 32 | Be It Enacted by the Legislature of the State of Florida: |
| 33 |
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| 34 | Section 1. The facts stated in the preamble to this act |
| 35 | are 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 the Chief |
| 44 | Financial Officer is directed to pay the same out of such funds |
| 45 | in the State Treasury not otherwise appropriated. |
| 46 | Section 4. Any amount paid by the Division of Risk |
| 47 | Management of the Department of Financial Services pursuant to |
| 48 | s. 768.28, Florida Statutes, and the award under this act is |
| 49 | intended to provide the sole compensation for all present and |
| 50 | future claims arising out of the factual situation described in |
| 51 | the preamble to this act which resulted in the death of Devaughn |
| 52 | Darling. The total amount paid for attorney's fees, lobbying |
| 53 | fees, costs, and other similar expenses relating to this claim |
| 54 | may not exceed 25 percent of the amount awarded under this act. |
| 55 | Section 5. This act shall take effect upon becoming a law. |