Florida Senate - 2017 (NP) CS for SB 48 By the Committee on Judiciary; and Senator Braynon 590-01952-17 201748c1 1 A bill to be entitled 2 An act for the relief of Wendy Smith and Dennis 3 Darling, Sr., parents of Devaughn Darling, deceased; 4 providing an appropriation to compensate the parents 5 for the loss of their son, Devaughn Darling, whose 6 death occurred while he was engaged in football 7 preseason training on the Florida State University 8 campus; providing a limitation on the payment of 9 attorney fees; providing an effective date. 10 11 WHEREAS, on February 21, 2001, Devaughn Darling, the son of 12 Wendy Smith and Dennis Darling, Sr., collapsed and died while 13 participating in preseason training in preparation for the 14 upcoming football season at Florida State 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 statutory limit of $200,000 pursuant to s. 768.28, Florida 26 Statutes, and 27 WHEREAS, as provided by the settlement agreement, Florida 28 State University has agreed to support the passage of a claim 29 bill for the remaining unpaid portion of the consent judgment, 30 $1.8 million, NOW, THEREFORE, 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. The facts stated in the preamble to this act are 35 found and declared to be true. 36 Section 2. Florida State University is authorized and 37 directed to appropriate from funds of the university not 38 otherwise appropriated to draw a warrant in the amount of $1.8 39 million, to be paid to Wendy Smith and Dennis Darling, Sr., 40 parents of decedent Devaughn Darling, as relief for their 41 losses. 42 Section 3. The amount paid by the Division of Risk 43 Management of the Department of Financial Services pursuant to 44 s. 768.28, Florida Statutes, and the amount awarded under this 45 act are intended to provide the sole compensation for all 46 present and future claims arising out of the factual situation 47 described in the preamble to this act which resulted in the 48 death of Devaughn Darling. The total amount paid for attorney 49 fees relating to this claim may not exceed 25 percent of the 50 amount awarded under this act. 51 Section 4. This act shall take effect upon becoming a law.