HB 197

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 to compensate them for the
5	loss of their son, Devaughn Darling, whose death
6	occurred while he was engaged in football preseason
7	training on the Florida State University campus;
8	providing a limitation on the payment of fees and
9	costs; providing an effective date.
10
11	WHEREAS, on February 21, 2001, Devaughn Darling collapsed
12	and died while participating in preseason training in
13	preparation for the upcoming football season at Florida State
14	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 sum of $200,000, the limit under s. 768.28, Florida
26	Statutes, and
27	WHEREAS, as provided by the settlement agreement, the
28	remaining unpaid portion of the consent judgment, $1.8 million,
29	is sought to be paid to the plaintiffs by the filing of this
30	claim bill and the university's support thereof seeking specific
31	appropriation by the Legislature, NOW, THEREFORE,
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  The facts stated in the preamble to this act
36	are found and declared to be true.
37	Section 2.  The sum of $1.8 million is appropriated out of
38	funds in the General Revenue Fund not otherwise encumbered, to
39	be paid to Wendy Smith and Dennis Darling, Sr., parents of
40	decedent Devaughn Darling, as relief for their losses.
41	Section 3.  A warrant shall be drawn in favor of Wendy
42	Smith and Dennis Darling, Sr., parents of decedent Devaughn
43	Darling, in the sum of $1.8 million.
44	Section 4.  The amount paid by the Division of Risk
45	Management of the Department of Financial Services pursuant to
46	s. 768.28, Florida Statutes, and this award are intended to
47	provide the sole compensation for all present and future claims
48	arising out of the factual situation described in this act which
49	resulted in the death of Devaughn Darling. The total amount paid
50	for attorney's fees, lobbying fees, costs, and other similar
51	expenses relating to this claim may not exceed 25 percent of the
52	amount awarded under this act.
53	Section 5.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.