Senate Bill sb2968c1

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    Florida Senate - 2007                           CS for SB 2968

    By the Committee on Criminal and Civil Justice Appropriations;
    and Senators Hill, Wilson, Siplin, Joyner, Bullard, Lawson and
    Dawson



    604-2627-07

  1                      A bill to be entitled

  2         An act relating to the Department of Juvenile

  3         Justice; providing an appropriation to

  4         compensate Gina Jones and Robert Anderson,

  5         parents and natural guardians of Martin Lee

  6         Anderson, jointly, for the wrongful death of

  7         Martin Lee Anderson, which was due to the

  8         negligence of the Bay County Sheriff's Office;

  9         providing conditions for payment; providing for

10         attorney's fees and lobbying fees; providing an

11         effective date.

12  

13         WHEREAS, on January 5, 2006, Martin Lee Anderson, a

14  14-year-old, was in the custody and care of a Department of

15  Juvenile Justice boot camp, operated by the Bay County

16  Sheriff's Office, known as the Bay County Boot Camp, and

17         WHEREAS, during enrollment procedures, employees/guards

18  of the Bay County Boot Camp ordered Martin Lee Anderson to run

19  16 laps around the athletic field of the boot camp, and

20         WHEREAS, during the course of the exercise, Martin Lee

21  Anderson fell and the employees/guards forced him to continue

22  to run, kicked, hit, and manhandled him, and shoved him

23  against a fence and then forced him to the ground, and

24         WHEREAS, during this time Martin Lee Anderson

25  complained of breathing difficulties but was not given the

26  proper medical attention, and

27         WHEREAS, Martin Lee Anderson's failed attempts to stand

28  up resulted in being restrained to a wall by the

29  employees/guards, and given ammonia tablets, and

30         WHEREAS, the entire matter was captured on security

31  surveillance video camera and was released to the public only

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    Florida Senate - 2007                           CS for SB 2968
    604-2627-07




 1  after the Miami Herald and CNN sued to have said video

 2  released, and

 3         WHEREAS, the employees/guards continued to hold such

 4  tablets over Martin Lee Anderson's airways while covering his

 5  mouth until he became unresponsive, and

 6         WHEREAS, after a considerable amount of time the

 7  employees/guards placed a call to 911 requesting an ambulance

 8  and Martin Lee Anderson was taken to Sacred Heart Hospital

 9  where he was pronounced dead at 1:53 a.m. on January 6, 2006,

10  and

11         WHEREAS, the death of Martin Lee Anderson was caused by

12  suffocation brought on by the manual occlusion of the mouth in

13  concert with the forced inhalation of ammonia fumes, and

14         WHEREAS, the employees/guards of the boot camp are

15  directly responsible for the administration of the ammonia

16  pills and the covering of Martin Lee Anderson's nose and

17  mouth, which contributed to the suffocation, and

18         WHEREAS, the actions of the employees/guards violated

19  the customary and standards protocol and procedures, effective

20  June 21, 2004, with respect to physical restraints and

21  interactions with minor offenders at facilities of the

22  Department of Juvenile Justice which does not permit the use

23  of pressure point maneuvers, and

24         WHEREAS, the Governor, in a consent letter dated March

25  14, 2007, requested the State Legislature to waive the

26  deadline for 2007 claim bills and allocate $5 million as

27  relief to the estate of Martin Lee Anderson, NOW, THEREFORE,

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  

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    Florida Senate - 2007                           CS for SB 2968
    604-2627-07




 1         Section 1.  The facts stated in the preamble to this

 2  act are found and declared to be true.

 3         Section 2.  There is appropriated from the General

 4  Revenue Fund the sum of $4.8 million to the Department of

 5  Financial Services under the conditions provided in this act.

 6         Section 3.  The Chief Financial Officer is directed to

 7  draw a warrant in the sum of $4.8 million for the purposes

 8  provided in this act. The Chief Financial Officer is directed

 9  and authorized to pay the same out of such funds in the State

10  Treasury and to execute a qualified assignment within the

11  meaning of s. 130(c) of the Internal Revenue Code, with an

12  assignee acceptable to the estate of Martin Lee Anderson,

13  providing periodic payments to Gina Jones and Robert Anderson

14  as compensation for the personal injuries and death of the

15  decedent. The Department of Financial Services is authorized

16  to execute all necessary agreements to implement this act.

17         Section 4.  The Chief Financial Officer shall execute

18  the qualified assignment agreement as required by this act

19  upon execution by the estate of Martin Lee Anderson and

20  delivery to the Department of Financial Services, with copies

21  to the President of the Senate and the Speaker of the House of

22  Representatives, of a release and waiver on behalf of the

23  estate of Martin Lee Anderson and his parents, heirs,

24  successors, and assigns forever releasing the State of Florida

25  and any instrumentality, officer, employee, or political

26  subdivision thereof, or any other entity subject to the

27  provisions of s. 768.28, Florida Statutes, from any and all

28  present or future claims or declaratory relief the estate of

29  Martin Lee Anderson or any of his parents, heirs, successors,

30  or assigns may have against such enumerated entities and

31  

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    Florida Senate - 2007                           CS for SB 2968
    604-2627-07




 1  arising out of the factual situation in connection or

 2  associated with the death of Martin Lee Anderson.

 3         Section 5.  The Legislature shall not be deemed by this

 4  act to have waived any defense of sovereign immunity or to

 5  have increased the limits of liability on behalf of the state

 6  or any person or entity subject to s. 768.28, Florida

 7  Statutes, or any other law.

 8         Section 6.  This award is intended to provide the sole

 9  compensation for any and all present and future claims arising

10  out of the factual situation in connection or associated with

11  the death of Martin Lee Anderson. Not more than 25 percent of

12  the award may be paid by the estate of Martin Lee Anderson,

13  Gina Jones, or Robert Anderson for attorney's fees, lobbying

14  fees, costs, or other similar expenses.

15         Section 7.  This act shall take effect upon becoming a

16  law.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 2968

20                                 

21  Appropriates $4.8 million for the wrongful death of Martin Lee
    Anderson, reducing the original appropriation by $200,000 to
22  account for the amount already paid by the Department of
    Juvenile Justice to the family.
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