Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 48
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/22/2017           .                                

       The Committee on Judiciary (Braynon) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 37 - 52
    4  and insert:
    5         Section 2. Florida State University is authorized and
    6  directed to appropriate from funds of the university not
    7  otherwise appropriated to draw a warrant in the amount of $1.8
    8  million, to be paid to Wendy Smith and Dennis Darling, Sr.,
    9  parents of decedent Devaughn Darling, as relief for their
   10  losses.
   11         Section 3. The amount paid by the Division of Risk
   12  Management of the Department of Financial Services pursuant to
   13  s. 768.28, Florida Statutes, and the amount awarded under this
   14  act are intended to provide the sole compensation for all
   15  present and future claims arising out of the factual situation
   16  described in the preamble to this act which resulted in the
   17  death of Devaughn Darling. The total amount paid for attorney
   18  fees relating to this claim may not exceed 25 percent of the
   19  amount awarded under this act.
   21  ================= T I T L E  A M E N D M E N T ================
   22  And the title is amended as follows:
   23         Delete lines 4 - 29
   24  and insert:
   25         providing an appropriation to compensate the parents
   26         for the loss of their son, Devaughn Darling, whose
   27         death occurred while he was engaged in football
   28         preseason training on the Florida State University
   29         campus; providing a limitation on the payment of
   30         attorney fees; providing an effective date.
   32         WHEREAS, on February 21, 2001, Devaughn Darling, the son of
   33  Wendy Smith and Dennis Darling, Sr., collapsed and died while
   34  participating in preseason training in preparation for the
   35  upcoming football season at Florida State University, and
   36         WHEREAS, after litigation had ensued and during mediation,
   37  the parents of Devaughn Darling and Florida State University
   38  agreed to compromise and settle all of the disputed claims
   39  rather than continue with litigation and its attendant
   40  uncertainties, and
   41         WHEREAS, the parties resolved, compromised, and settled all
   42  claims by a stipulated settlement agreement providing for the
   43  entry of a consent final judgment against Florida State
   44  University in the amount of $2 million, of which the Division of
   45  Risk Management of the Department of Financial Services has paid
   46  the statutory limit of $200,000 pursuant to s. 768.28, Florida
   47  Statutes, and
   48         WHEREAS, as provided by the settlement agreement, Florida
   49  State University has agreed to support the passage of a claim