Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2968
                        Barcode 711840
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: WD              .                    
       04/24/2007 11:41 AM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Criminal and Civil Justice Appropriations
12  (Crist) recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  The facts stated in the preamble to this
19  act are found and declared to be true.
20         Section 2.  There is appropriated from the General
21  Revenue Fund the sum of $2.3 million to the Department of
22  Financial Services under the conditions provided in this act.
23         Section 3.  The Chief Financial Officer is directed to
24  draw a warrant in the sum of $2.3 million for the purposes
25  provided in this act. The Chief Financial Officer is directed
26  and authorized to pay the same out of such funds in the State
27  Treasury and to execute a qualified assignment within the
28  meaning of s. 130(c) of the Internal Revenue Code, with an
29  assignee acceptable to the estate of Martin Lee Anderson,
30  providing periodic payments to Gina Jones and Robert Anderson
31  as compensation for the personal injuries and death of the
                                  1
    4:51 PM   04/20/07                             s2968d-ja12-j01

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2968 Barcode 711840 1 decedent. The Department of Financial Services is authorized 2 to execute all necessary agreements to implement this act. 3 Section 4. The Chief Financial Officer shall execute 4 the qualified assignment agreement as required by this act 5 upon execution by the estate of Martin Lee Anderson and 6 delivery to the Department of Financial Services, with copies 7 to the President of the Senate and the Speaker of the House of 8 Representatives, of a release and waiver on behalf of the 9 estate of Martin Lee Anderson and his parents, heirs, 10 successors, and assigns forever releasing the State of Florida 11 and any instrumentality, officer, employee, or political 12 subdivision thereof, or any other entity subject to the 13 provisions of s. 768.28, Florida Statutes, from any and all 14 present or future claims or declaratory relief the estate of 15 Martin Lee Anderson or any of his parents, heirs, successors, 16 or assigns may have against such enumerated entities and 17 arising out of the factual situation in connection or 18 associated with the death of Martin Lee Anderson. 19 Section 5. The Legislature shall not be deemed by this 20 act to have waived any defense of sovereign immunity or to 21 have increased the limits of liability on behalf of the state 22 or any person or entity subject to s. 768.28, Florida 23 Statutes, or any other law. 24 Section 6. This award is intended to provide the sole 25 compensation for any and all present and future claims arising 26 out of the factual situation in connection or associated with 27 the death of Martin Lee Anderson. Not more than 25 percent of 28 the award may be paid by the estate of Martin Lee Anderson, 29 Gina Jones, or Robert Anderson for attorney's fees, lobbying 30 fees, costs, or other similar expenses. 31 Section 7. This act shall take effect upon becoming a 2 4:51 PM 04/20/07 s2968d-ja12-j01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2968 Barcode 711840 1 law. 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 Delete everything before the enacting clause 7 8 and insert: 9 A bill to be entitled 10 An act relating to the Department of Juvenile 11 Justice; providing an appropriation to 12 compensate Gina Jones and Robert Anderson, 13 parents and natural guardians of Martin Lee 14 Anderson, jointly, for the wrongful death of 15 Martin Lee Anderson, which was due to the 16 negligence of the Bay County Sheriff's Office; 17 providing conditions for payment; providing for 18 attorney's fees and lobbying fees; providing an 19 effective date. 20 21 WHEREAS, on January 5, 2006, Martin Lee Anderson, a 22 14-year-old, was in the custody and care of a Department of 23 Juvenile Justice boot camp, operated by the Bay County 24 Sheriff's Office, known as the Bay County Boot Camp, and 25 WHEREAS, during enrollment procedures, employees/guards 26 of the Bay County Boot Camp ordered Martin Lee Anderson to run 27 16 laps around the athletic field of the boot camp, and 28 WHEREAS, during the course of the exercise, Martin Lee 29 Anderson fell and the employees/guards forced him to continue 30 to run, kicked, hit, and manhandled him, and shoved him 31 against a fence and then forced him to the ground, and 3 4:51 PM 04/20/07 s2968d-ja12-j01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2968 Barcode 711840 1 WHEREAS, during this time Martin Lee Anderson 2 complained of breathing difficulties but was not given the 3 proper medical attention, and 4 WHEREAS, Martin Lee Anderson's failed attempts to stand 5 up resulted in being restrained to a wall by the 6 employees/guards, and given ammonia tablets, and 7 WHEREAS, the entire matter was captured on security 8 surveillance video camera and was released to the public only 9 after the Miami Herald and CNN sued to have said video 10 released, and 11 WHEREAS, the employees/guards continued to hold such 12 tablets over Martin Lee Anderson's airways while covering his 13 mouth until he became unresponsive, and 14 WHEREAS, after a considerable amount of time the 15 employees/guards placed a call to 911 requesting an ambulance 16 and Martin Lee Anderson was taken to Sacred Heart Hospital 17 where he was pronounced dead at 1:53 a.m. on January 6, 2006, 18 and 19 WHEREAS, the death of Martin Lee Anderson was caused by 20 suffocation brought on by the manual occlusion of the mouth in 21 concert with the forced inhalation of ammonia fumes, and 22 WHEREAS, the employees/guards of the boot camp are 23 directly responsible for the administration of the ammonia 24 pills and the covering of Martin Lee Anderson's nose and 25 mouth, which contributed to the suffocation, and 26 WHEREAS, the actions of the employees/guards violated 27 the customary and standards protocol and procedures, effective 28 June 21, 2004, with respect to physical restraints and 29 interactions with minor offenders at facilities of the 30 Department of Juvenile Justice which does not permit the use 31 of pressure point maneuvers, and 4 4:51 PM 04/20/07 s2968d-ja12-j01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2968 Barcode 711840 1 WHEREAS, the Governor, in a consent letter dated March 2 14, 2007, requested the State Legislature to waive the 3 deadline for 2007 claim bills and allocate $5 million as 4 relief to the estate of Martin Lee Anderson, NOW, THEREFORE, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 4:51 PM 04/20/07 s2968d-ja12-j01