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



                                                   HOUSE AMENDMENT

    hbd-27                                         Bill No. HB 357

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Cantens offered the following:

12

13         Substitute Amendment for Amendment (250347) (with title

14  amendment) 

15         On page 5, lines 5 through 19,

16  remove:  all of said lines

17

18  and insert:

19         Section 2.  There is appropriated from the

20  Administrative Trust Fund of the Department of Children and

21  Family Services or any successor thereto, or in the event

22  sufficient funds are not available from that fund to make

23  payment for any given year, or otherwise, from the General

24  Revenue Fund, the sum of $760,000 each fiscal year for fiscal

25  years 2002-2003 through 2011-2012, inclusive, to be paid to an

26  insurance company or other financial institution admitted and

27  authorized to issue annuity contracts in this state, selected

28  by the guardian of Kimberly Godwin, to finance and purchase a

29  structured settlement for the benefit of Kimberly Godwin,

30  which shall include an annuity that must be used for the

31  habilitative care of Kimberly Godwin over the duration of her

                                  1

    File original & 9 copies    03/21/02
    hbd0005                     10:49 am         00357-0114-194289




                                                   HOUSE AMENDMENT

    hbd-27                                         Bill No. HB 357

    Amendment No. ___ (for drafter's use only)





  1  lifetime, as relief for the violations of her rights and for

  2  injuries and damages she sustained as a result of the wrongful

  3  conduct of the Department of Children and Family Services.

  4         Section 3.  The Comptroller is directed to execute all

  5  necessary agreements to implement the payment of this claim

  6  and to draw a warrant in the amount of $760,000 each fiscal

  7  year beginning in fiscal year 2002-2003 and continuing through

  8  fiscal year 2011-2012, inclusive, in favor of the financier of

  9  the structured settlement to be paid from the Administrative

10  Trust Fund of the Department of Children and Family Services

11  or any successor thereto, or in the event sufficient funds are

12  not available from that fund to make payment for any given

13  fiscal year, or otherwise, from the General Revenue Fund. The

14  financing of this structured settlement shall constitute a

15  state debt or obligation as defined in s. 216.0442(1)(j),

16  Florida Statutes, as in effect on the effective date of this

17  act.

18         Section 4.  The Department of Children and Family

19  Services shall include in its annual legislative budget

20  request a specific appropriation for funds sufficient to make

21  the payment due under this act during each relevant fiscal

22  year beginning in fiscal year 2003-2004 and continuing through

23  fiscal year 2011-2012, inclusive.

24         Section 5.  The appropriation made and authorized by

25  this act shall be deemed a continuing appropriation within the

26  meaning of s. 216.011(1)(i), Florida Statutes, as in effect on

27  the effective date of this act.

28         Section 6.  This act shall take effect upon becoming a

29  law.

30

31

                                  2

    File original & 9 copies    03/21/02
    hbd0005                     10:49 am         00357-0114-194289




                                                   HOUSE AMENDMENT

    hbd-27                                         Bill No. HB 357

    Amendment No. ___ (for drafter's use only)





  1  ================ T I T L E   A M E N D M E N T ===============

  2  And the title is amended as follows:

  3         On page 1, line 6, after the semicolon, of the

  4  amendment

  5

  6  insert:

  7         specifying use of funds; directing the

  8         Department of Children and Family Services to

  9         include a specific appropriation for such funds

10         in its annual legislative budget request;

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3

    File original & 9 copies    03/21/02
    hbd0005                     10:49 am         00357-0114-194289