Senate Bill sb2968e1

    CS for SB 2968                                 First Engrossed



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

14  

15         Section 1.  There is appropriated from the General

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

17  Financial Services under the conditions provided in this act.

18         Section 2.  The Chief Financial Officer is directed to

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

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

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

22  Treasury and to execute a qualified assignment within the

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

24  assignee acceptable to the estate of Martin Lee Anderson,

25  providing periodic payments to Gina Jones and Robert Anderson

26  as compensation for the personal injuries and death of the

27  decedent. The Department of Financial Services is authorized

28  to execute all necessary agreements to implement this act.

29         Section 3.  The Chief Financial Officer shall execute

30  the qualified assignment agreement as required by this act

31  upon execution by the estate of Martin Lee Anderson and


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






    CS for SB 2968                                 First Engrossed



 1  delivery to the Department of Financial Services, with copies

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

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

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

 5  successors, and assigns forever releasing the State of Florida

 6  and any instrumentality, officer, employee, or political

 7  subdivision thereof, or any other entity subject to the

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

 9  present or future claims or declaratory relief the estate of

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

11  or assigns may have against such enumerated entities and

12  arising out of the factual situation in connection or

13  associated with the death of Martin Lee Anderson.

14         Section 4.  The Legislature shall not be deemed by this

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

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

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

18  Statutes, or any other law.

19         Section 5.  This award is intended to provide the sole

20  compensation for any and all present and future claims arising

21  out of the factual situation in connection or associated with

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

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

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

25  fees, costs, or other similar expenses.

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

27  law.

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