Florida Senate - 2017                       (NP)    CS for SB 48
       
       
        
       By the Committee on Judiciary; and Senator Braynon
       
       
       
       
       
       590-01952-17                                            201748c1
    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 to compensate the parents
    5         for the loss of their son, Devaughn Darling, whose
    6         death occurred while he was engaged in football
    7         preseason training on the Florida State University
    8         campus; providing a limitation on the payment of
    9         attorney fees; providing an effective date.
   10  
   11         WHEREAS, on February 21, 2001, Devaughn Darling, the son of
   12  Wendy Smith and Dennis Darling, Sr., collapsed and died while
   13  participating in preseason training in preparation for the
   14  upcoming football season at Florida State 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 statutory limit of $200,000 pursuant to s. 768.28, Florida
   26  Statutes, and
   27         WHEREAS, as provided by the settlement agreement, Florida
   28  State University has agreed to support the passage of a claim
   29  bill for the remaining unpaid portion of the consent judgment,
   30  $1.8 million, 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. Florida State University is authorized and
   37  directed to appropriate from funds of the university not
   38  otherwise appropriated to draw a warrant in the amount of $1.8
   39  million, to be paid to Wendy Smith and Dennis Darling, Sr.,
   40  parents of decedent Devaughn Darling, as relief for their
   41  losses.
   42         Section 3. The amount paid by the Division of Risk
   43  Management of the Department of Financial Services pursuant to
   44  s. 768.28, Florida Statutes, and the amount awarded under this
   45  act are intended to provide the sole compensation for all
   46  present and future claims arising out of the factual situation
   47  described in the preamble to this act which resulted in the
   48  death of Devaughn Darling. The total amount paid for attorney
   49  fees relating to this claim may not exceed 25 percent of the
   50  amount awarded under this act.
   51         Section 4. This act shall take effect upon becoming a law.