Florida Senate - 2009 (Reformatted) SB 26
By Senator Lawson
6-00096-09 200926__
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 for the loss of their son,
5 Devaughn Darling, while he was engaged in football
6 preseason training on the Florida State University
7 campus; providing a limitation on the payment of fees
8 and costs; providing an effective date.
9
10 WHEREAS, on February 21, 2001, Devaughn Darling collapsed
11 and died while participating in preseason training in
12 preparation for the upcoming football season at Florida State
13 University, and
14 WHEREAS, after litigation had ensued and during mediation,
15 the parents of Devaughn Darling and Florida State University
16 agreed to compromise and settle all of the disputed claims
17 rather than continue with litigation and its attendant
18 uncertainties, and
19 WHEREAS, the parties resolved, compromised, and settled all
20 claims by a stipulated settlement agreement providing for the
21 entry of a consent final judgment against Florida State
22 University in the amount of $2 million, of which the Division of
23 Risk Management of the Department of Financial Services has paid
24 the sum of $200,000, the limit under s. 768.28, Florida
25 Statutes, and
26 WHEREAS, as provided by the settlement agreement, the
27 remaining unpaid portion of the consent judgment, $1.8 million,
28 is sought to be paid to the plaintiffs by the filing of this
29 claim bill and the university's support thereof seeking specific
30 appropriation by the Legislature, 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. The sum of $1.8 million is appropriated out of
37 funds in the General Revenue Fund not otherwise encumbered, to
38 be paid to Wendy Smith and Dennis Darling, Sr., parents of
39 decedent Devaughn Darling, as relief for their losses.
40 Section 3. The Chief Financial Officer is directed to draw
41 a warrant in favor of Wendy Smith and Dennis Darling, Sr.,
42 parents of Devaughn Darling, deceased, in the sum of $1.8
43 million upon funds in the State Treasury and to pay the same out
44 of such funds in the State Treasury.
45 Section 4. This award is intended to provide the sole
46 compensation for all present and future claims arising out of
47 the factual situation described in this act which resulted in
48 the death of Devaughn Darling. The total amount paid for
49 attorney's fees, lobbying fees, costs, and other similar
50 expenses relating to this claim may not exceed 25 percent of the
51 amount awarded under this act.
52 Section 5. This act shall take effect upon becoming a law.