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





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1998

    Amendment No.    

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11  Senator Brown-Waite moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 14, line 27, through page 17, line 11, delete

15  those lines

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17  and insert:

18         1.  Developing a plan which is subject to the review,

19  modification, and approval of the Legislature, by which it

20  will purchase any or all of the state's right, title, and

21  interest in and to the tobacco settlement agreement and will

22  issue bonds to pay the purchase price therefor. The sale of

23  bonds is subject to ratification by law. Funds generated by

24  the sale of the bonds shall be used to provide funding for the

25  Lawton Chiles Endowment Fund; or

26         2.  Purchasing insurance, subject to the review,

27  modification, and approval of the Legislature, to insure the

28  state against the loss of proceeds from the tobacco settlement

29  agreement.

30         (b)  The corporation shall be governed by a board of

31  directors consisting of the Governor, the Treasurer, the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1998

    Amendment No.    





 1  Comptroller, the Attorney General, two directors appointed

 2  from the membership of the Senate by the President of the

 3  Senate, and two directors appointed from the membership of the

 4  House of Representatives by the Speaker of the House of

 5  Representatives. On January 7, 2003, the board shall include

 6  the Chief Financial Officer in place of the Treasurer and the

 7  Comptroller.

 8         (c)  The corporation shall have all the powers of a

 9  corporate body under the laws of this state, including, but

10  not limited to, the powers of corporations under chapter 617,

11  to the extent not inconsistent with or restricted by the

12  provisions of this section, including, but not limited to, the

13  power to:

14         1.  Adopt, amend, and repeal bylaws not inconsistent

15  with this section.

16         2.  Sue and be sued.

17         3.  Adopt and use a common seal.

18         4.  Acquire, purchase, hold, lease, and convey real and

19  personal property, contract rights, general intangibles,

20  revenues, moneys, and accounts as is proper or expedient to

21  carry out the purposes of the corporation and this section and

22  to assign, convey, sell, transfer, lease, or otherwise dispose

23  of such property.

24         5.  Elect or appoint and employ such officers, agents,

25  and employees as the corporation deems advisable to operate

26  and manage the affairs of the corporation, which officers,

27  agents, and employees may be employees of the state or of the

28  state officers and agencies represented on the board of

29  directors of the corporation.

30         6.  Make and execute any and all contracts, trust

31  agreements, trust indentures, and other instruments and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1998

    Amendment No.    





 1  agreements necessary or convenient to accomplish the purposes

 2  of the corporation and this section, including, but not

 3  limited to, investment contracts approved by the Legislature,

 4  swap agreements, liquidity facilities, or the purchase, as

 5  approved by the Legislature, of insurance or reinsurance.

 6         7.  Select, retain, and employ professionals,

 7  contractors, or agents, which may include the Division of Bond

 8  Finance of the State Board of Administration and the Division

 9  of State Purchasing of the Department of Management Services,

10  as are necessary or convenient to enable or assist the

11  corporation in carrying out the purposes of the corporation.

12         8.  Do any act or thing necessary or convenient to

13  carry out the purposes of the corporation subject to the

14  review, modification, and approval of the Legislature as

15  provided herein.

16         (d)  With the approval of at least six of its

17  directors, the corporation may plan to purchase insurance to

18  insure the state, for 7 years, against the loss of 50 percent

19  of the revenues to be paid to the state pursuant to the

20  tobacco settlement agreement. The total premium paid for this

21  insurance may not exceed $200 million. The plan is subject to

22  review, modification, and approval of the Legislature.

23  Purchase of insurance is subject to legislative approval.

24         (e)  With the approval of at least six of its

25  directors, the corporation may develop a plan to enter into

26  one or more purchase agreements with the department pursuant

27  to which the corporation will purchase any or all of the

28  state's right, title, and interest in and to the tobacco

29  settlement agreement and will execute and deliver any other

30  documents necessary or desirable to effectuate such purchase.

31  The plan is subject to review, modification, and approval of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1998

    Amendment No.    





 1  the Legislature. Sale of all or part of the state's right,

 2  title, and interest in and to the tobacco settlement agreement

 3  is subject to approval by the Legislature.

 4         (f)  Subject to the review, modification, and approval

 5  by the Legislature, the corporation may issue bonds payable

 6  from and secured by amounts payable to the corporation from

 7  proceeds of the tobacco settlement agreement. The corporation

 8  is additionally authorized to issue bonds to refund previously

 9  issued bonds and to deposit the proceeds of such bonds as

10  provided in the documents authorizing the issuance of such

11  bonds. Upon legislative approval of the issuance of bonds, the

12  corporation is authorized, to do 

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