Florida Senate - 2016 (NP) SB 16 By Senator Joyner 19-00116-16 201616__ 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 from the General Revenue 5 Fund to compensate the parents for the loss of their 6 son, Devaughn Darling, whose death occurred while he 7 was engaged in football preseason training on the 8 Florida State University campus; providing a 9 limitation on the payment of fees and costs; providing 10 an effective date. 11 12 WHEREAS, on February 21, 2001, Devaughn Darling, the son of 13 Wendy Smith and Dennis Darling, Sr., collapsed and died while 14 participating in preseason training in preparation for the 15 upcoming football season at Florida State University, and 16 WHEREAS, after litigation had ensued and during mediation, 17 the parents of Devaughn Darling and Florida State University 18 agreed to compromise and settle all of the disputed claims 19 rather than continue with litigation and its attendant 20 uncertainties, and 21 WHEREAS, the parties resolved, compromised, and settled all 22 claims by a stipulated settlement agreement providing for the 23 entry of a consent final judgment against Florida State 24 University in the amount of $2 million, of which the Division of 25 Risk Management of the Department of Financial Services has paid 26 the statutory limit of $200,000 pursuant to s. 768.28, Florida 27 Statutes, and 28 WHEREAS, as provided by the settlement agreement, the 29 remaining unpaid portion of the consent judgment, $1.8 million, 30 is sought to be paid to the plaintiffs by the filing of this 31 claim bill and by the university’s support of the filing of this 32 claim bill seeking specific appropriation by the Legislature, 33 NOW, THEREFORE, 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1. The facts stated in the preamble to this act are 38 found and declared to be true. 39 Section 2. The sum of $1.8 million is appropriated from 40 funds in the General Revenue Fund not otherwise encumbered, to 41 be paid to Wendy Smith and Dennis Darling, Sr., parents of 42 decedent Devaughn Darling, as relief for their losses. 43 Section 3. The Chief Financial Officer is directed to draw 44 a warrant in favor of Wendy Smith and Dennis Darling, Sr., 45 parents of decedent Devaughn Darling, in the sum of $1.8 46 million. 47 Section 4. The amount paid by the Division of Risk 48 Management of the Department of Financial Services pursuant to 49 s. 768.28, Florida Statutes, and the amount awarded under this 50 act are intended to provide the sole compensation for all 51 present and future claims arising out of the factual situation 52 described in the preamble to this act which resulted in the 53 death of Devaughn Darling. The total amount paid for attorney 54 fees, lobbying fees, costs, and other similar expenses relating 55 to this claim may not exceed 25 percent of the amount awarded 56 under this act. 57 Section 5. This act shall take effect upon becoming a law.