Florida Senate - 2017                                      SB 48
       By Senator Braynon
       35-00046-17                                             201748__
    1                        A bill to be entitled                      
    2         An act for the relief of Wendy Smith and Dennis
    3         Darling, Sr., 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.
   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, Florida
   29  State University has agreed to support the passage of this claim
   30  bill for the remaining unpaid portion of the consent judgment,
   31  $1.8 million, NOW, THEREFORE,
   33  Be It Enacted by the Legislature of the State of Florida:
   35         Section 1. The facts stated in the preamble to this act are
   36  found and declared to be true.
   37         Section 2. The sum of $1.8 million is appropriated from
   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. The Chief Financial Officer is directed to draw
   42  a warrant in favor of Wendy Smith and Dennis Darling, Sr.,
   43  parents of decedent Devaughn Darling, in the sum of $1.8
   44  million.
   45         Section 4. The amount paid by the Division of Risk
   46  Management of the Department of Financial Services pursuant to
   47  s. 768.28, Florida Statutes, and the amount awarded under this
   48  act are intended to provide the sole compensation for all
   49  present and future claims arising out of the factual situation
   50  described in the preamble to this act which resulted in the
   51  death of Devaughn Darling. The total amount paid for attorney
   52  fees, lobbying fees, costs, and other similar expenses relating
   53  to this claim may not exceed 25 percent of the amount awarded
   54  under this act.
   55         Section 5. This act shall take effect upon becoming a law.