Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 48 Ì652162ÄÎ652162 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/22/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Braynon) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 37 - 52 4 and insert: 5 Section 2. Florida State University is authorized and 6 directed to appropriate from funds of the university not 7 otherwise appropriated to draw a warrant in the amount of $1.8 8 million, to be paid to Wendy Smith and Dennis Darling, Sr., 9 parents of decedent Devaughn Darling, as relief for their 10 losses. 11 Section 3. The amount paid by the Division of Risk 12 Management of the Department of Financial Services pursuant to 13 s. 768.28, Florida Statutes, and the amount awarded under this 14 act are intended to provide the sole compensation for all 15 present and future claims arising out of the factual situation 16 described in the preamble to this act which resulted in the 17 death of Devaughn Darling. The total amount paid for attorney 18 fees relating to this claim may not exceed 25 percent of the 19 amount awarded under this act. 20 21 ================= T I T L E A M E N D M E N T ================ 22 And the title is amended as follows: 23 Delete lines 4 - 29 24 and insert: 25 providing an appropriation to compensate the parents 26 for the loss of their son, Devaughn Darling, whose 27 death occurred while he was engaged in football 28 preseason training on the Florida State University 29 campus; providing a limitation on the payment of 30 attorney fees; providing an effective date. 31 32 WHEREAS, on February 21, 2001, Devaughn Darling, the son of 33 Wendy Smith and Dennis Darling, Sr., collapsed and died while 34 participating in preseason training in preparation for the 35 upcoming football season at Florida State University, and 36 WHEREAS, after litigation had ensued and during mediation, 37 the parents of Devaughn Darling and Florida State University 38 agreed to compromise and settle all of the disputed claims 39 rather than continue with litigation and its attendant 40 uncertainties, and 41 WHEREAS, the parties resolved, compromised, and settled all 42 claims by a stipulated settlement agreement providing for the 43 entry of a consent final judgment against Florida State 44 University in the amount of $2 million, of which the Division of 45 Risk Management of the Department of Financial Services has paid 46 the statutory limit of $200,000 pursuant to s. 768.28, Florida 47 Statutes, and 48 WHEREAS, as provided by the settlement agreement, Florida 49 State University has agreed to support the passage of a claim 50