Florida Senate - 2012 (NP) SB 14 By Senator Joyner 18-00102-12 201214__ 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. 10 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, 32 33 Be It Enacted by the Legislature of the State of Florida: 34 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 in the General Revenue Fund not otherwise encumbered, to 39 be paid to Wendy Smith and Dennis Darling, Sr., parents of 40 decedent Devaughn Darling, as relief for their losses. 41 Section 3. A warrant shall be drawn in favor of Wendy Smith 42 and Dennis Darling, Sr., parents of decedent Devaughn Darling, 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.