Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 48
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/22/2017 .
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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