Jim Rosica
Once again, lawmakers have filed what’s known as a “claim bill” to compensate the family of Devaughn Darling, a Florida State University freshman linebacker who died during a February 2001 practice.
State Rep. Mia Jones, a Jacksonville Democrat, submitted the bill (HB 3513) on Monday, with a Senate companion sponsored by Democratic Leader Arthenia Joyner of Tampa.
The Darling family filed a wrongful death lawsuit against the university, which they settled for $2 million in 2004.
But Florida law limits local governments and other public bodies to paying no more than $200,000 per person in damages unless lawmakers pass a claim bill, also known as a relief act, for the extra money.
History, however, suggests that getting the bill passed will be an uphill battle.
In the past 10 years, only 62 of 314 claim bills filed in the Legislature have been approved, a success rate of about 20 percent. The Darling bill has been filed previously to no avail.
An autopsy couldn’t pinpoint a cause of death but discovered Darling, 18, had sickle cell trait, an inherited blood disorder that can lead to sudden death in extremely rare cases, according to the CDC.
The claim bill, which could be considered during the 2016 Legislative Session, also caps “attorney fees, lobbying fees, costs, and other similar expenses relating to this claim (to) 25 percent of the amount awarded.”
