Florida Senate - 2015                              (NP)    SB 38
       
       
        
       By Senator Joyner
       
       
       
       
       
       19-00018-15                                             201538__
    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.