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A bill to be entitled

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An act relating to Florida State University; providing for

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the relief of Dennis Darling, Sr., and Wendy Smith,

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parents of Devaughn Darling, deceased, for the loss of

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their son, Devaughn Darling, while he was engaged in

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football preseason training on the Florida State

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University campus; providing an appropriation; providing a

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limitation on the payment of fees and costs; providing an

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effective date.

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     WHEREAS, on February 21, 2001, Devaughn Darling collapsed

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and died while participating in preseason training in preparation

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for the upcoming football season at Florida State University, and

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     WHEREAS, after litigation had ensued and during mediation,

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the parents of Devaughn Darling and Florida State University

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agreed to compromise and settle all of the disputed claims rather

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than continue with litigation and its attendant uncertainties,

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and

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     WHEREAS, the parties resolved, compromised, and settled all

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claims by a stipulated settlement agreement that provided for the

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entry of a consent final judgment against Florida State

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University in the amount of $2 million, of which the Division of

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Risk Management of the Department of Financial Services has paid

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the sum of $200,000, the limit under s. 768.28, Florida Statutes,

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and

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     WHEREAS, as provided by the settlement agreement, the

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remaining unpaid portion of the consent judgment, $1.8 million,

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is sought to be paid to the plaintiffs by the filing of this

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claim bill and the university's support thereof seeking specific

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appropriation by the Legislature, NOW, THEREFORE,

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. The facts stated in the preamble to this act are

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found and declared to be true.

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     Section 2. The sum of $1.8 million is appropriated out of

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funds in the General Revenue Fund not otherwise encumbered, to be

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paid to Wendy Smith and Dennis Darling, Sr., parents of decedent

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Devaughn Darling, as relief for their losses.

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     Section 3. The Chief Financial Officer is directed to draw

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a warrant in favor of Wendy Smith and Dennis Darling, Sr.,

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parents of Devaughn Darling, deceased, in the sum of $1.8 million

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upon funds in the State Treasury and to pay the same out of such

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funds in the State Treasury.

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     Section 4. This award is intended to provide the sole

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compensation for all present and future claims arising out of the

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factual situation described in this act which resulted in the

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death of Devaughn Darling. The total amount paid for attorney's

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fees, lobbying fees, costs, and other similar expenses relating

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to this claim may not exceed 25 percent of the amount awarded

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under this act.

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     Section 5.  This act shall take effect upon becoming a law.