Bill Text: FL H1441 | 2011 | Regular Session | Introduced

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Bill Title: Relief/Darling and Smith/State of Florida

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1441 Detail]

Download: Florida-2011-H1441-Introduced.html

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HB 1441

1	A bill to be entitled
2	An act for the relief of Dennis Darling, Sr., and Wendy
3	Smith, parents of Devaughn Darling, deceased; providing an
4	appropriation to compensate them for the loss of their
5	son, Devaughn Darling, whose death occurred while he was
6	engaged in football preseason training on the Florida
7	State University campus; providing a limitation on the
8	payment of fees and costs; providing an effective date.
9
10	WHEREAS, on February 21, 2001, Devaughn Darling collapsed
11	and died while participating in preseason training in
12	preparation for the upcoming football season at Florida State
13	University, and
14	WHEREAS, after litigation had ensued and during mediation,
15	the parents of Devaughn Darling and Florida State University
16	agreed to compromise and settle all of the disputed claims
17	rather than continue with litigation and its attendant
18	uncertainties, and
19	WHEREAS, the parties resolved, compromised, and settled all
20	claims by a stipulated settlement agreement providing for the
21	entry of a consent final judgment against Florida State
22	University in the amount of $2 million, of which the Division of
23	Risk Management of the Department of Financial Services has paid
24	the sum of $200,000, the limit under s. 768.28, Florida
25	Statutes, and
26	WHEREAS, as provided by the settlement agreement, the
27	remaining unpaid portion of the consent judgment, $1.8 million,
28	is sought to be paid to the plaintiffs by the filing of this
29	claim bill and the university's support thereof seeking specific
30	appropriation by the Legislature, 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
35	are found and declared to be true.
36	Section 2.  The sum of $1.8 million is appropriated out of
37	funds in the General Revenue Fund not otherwise encumbered, to
38	be paid to Wendy Smith and Dennis Darling, Sr., parents of
39	decedent Devaughn Darling, as relief for their losses.
40	Section 3.  A warrant shall be drawn in favor of Wendy
41	Smith and Dennis Darling, Sr., parents of decedent Devaughn
42	Darling, in the sum of $1.8 million.
43	Section 4.  The amount paid by the Division of Risk
44	Management of the Department of Financial Services pursuant to
45	s. 768.28, Florida Statutes, and this award are intended to
46	provide the sole compensation for all present and future claims
47	arising out of the factual situation described in this act which
48	resulted in the death of Devaughn Darling. The total amount paid
49	for attorney's fees, lobbying fees, costs, and other similar
50	expenses relating to this claim may not exceed 25 percent of the
51	amount awarded under this act.
52	Section 5.  This act shall take effect upon becoming a law.

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