Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 326
       
       
       
       
       
       
                                Ì840478HÎ840478                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/13/2014           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       
       
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 107 and 108
    4  insert:
    5         Section 3. Subsections (4) and (5) of section 961.06,
    6  Florida Statutes, are amended to read:
    7         961.06 Compensation for wrongful incarceration.—
    8         (4) The Chief Financial Officer shall issue payment in the
    9  amount determined by the department to an insurance company or
   10  other financial institution admitted and authorized to issue
   11  purchase an annuity contracts in this state to purchase an
   12  annuity or annuities, selected by the wrongfully incarcerated
   13  person, on behalf of the claimant for a term of not less than 10
   14  years. The Chief Financial Officer is directed to execute all
   15  necessary agreements to implement this act and to maximize the
   16  benefit to the wrongfully incarcerated person. The terms of the
   17  annuity or annuities shall:
   18         (a) Provide that the annuity or annuities may not be sold,
   19  discounted, or used as security for a loan or mortgage by the
   20  wrongfully incarcerated person applicant.
   21         (b) Contain beneficiary provisions for the continued
   22  disbursement of the annuity or annuities in the event of the
   23  death of the wrongfully incarcerated person applicant.
   24         (5) Before the department approves the application for
   25  compensation Chief Financial Officer draws the warrant for the
   26  purchase of the annuity, the wrongfully incarcerated person
   27  claimant must sign a release and waiver on behalf of the
   28  wrongfully incarcerated person claimant and his or her heirs,
   29  successors, and assigns, forever releasing the state or any
   30  agency, instrumentality, or any political subdivision thereof,
   31  or any other entity subject to the provisions of s. 768.28, from
   32  all present or future claims that the wrongfully incarcerated
   33  person claimant or his or her heirs, successors, or assigns may
   34  have against such entities arising out of the facts in
   35  connection with the wrongful conviction for which compensation
   36  is being sought under the act. The release and waiver must be
   37  provided to the department prior to the issuance of the warrant
   38  by the Chief Financial Officer.
   39  
   40  ================= T I T L E  A M E N D M E N T ================
   41  And the title is amended as follows:
   42         Between lines 16 and 17
   43  insert:
   44         amending s. 961.06, F.S.; requiring the Chief
   45         Financial Officer to issue payment to an insurance
   46         company or other financial institution authorized to
   47         issue annuity contracts to purchase an annuity or
   48         annuities selected by the wrongfully incarcerated
   49         person; authorizing the Chief Financial Officer to
   50         execute all necessary agreements to implement
   51         compensation and to maximize the benefit to the
   52         wrongfully incarcerated person; requiring the
   53         wrongfully incarcerated person to sign a waiver before
   54         the department’s approval of the application;