HOUSE AMENDMENT
Bill No. CS/HB 623
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Council for Smarter Government offered the following:
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13 Amendment (with title amendment)
14 On page 13, between lines 23 and 24, of the bill
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16 insert: Section 8. Sections 45.051, Florida Statutes, is
17 amended to read : 45.051 Execution of supersedeas bond when
18 required of the state or its political subdivisions.--
19 (1) When a supersedeas bond is required by the
20 appellate court under Rule 9.310(b)(2), Florida Rules of
21 Appellate Procedure or an appeal or other proceeding is taken
22 in any court and there is no court rule or statute exempting
23 the parties from giving supersedeas, cost, or other required
24 bond, the parties are authorized to make and execute the
25 required bond with a corporate surety thereon duly licensed to
26 do business in this state. The premium or other cost for the
27 bond may be paid from the general necessary and regular
28 appropriation of the party taking the appeal, in the case of
29 the state or any of its officers, boards, commissioners or
30 other agencies, and from the county general fund, district
31 school general fund, or otherwise as the case may be, in the
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File original & 9 copies 04/23/01
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HOUSE AMENDMENT
Bill No. CS/HB 623
Amendment No. ___ (for drafter's use only)
1 case of a political subdivision of the state or any of its
2 officers, boards, commissions or other agencies. The officers
3 of the state and its political subdivisions and the executive
4 officers of their boards, commissions, and other agencies
5 aforesaid, are authorized to make and execute the bonds on
6 behalf of the parties.
7 (2) In connection with an appeal taken by a state
8 employee or official of a judgement against that employee or
9 official in an individual capacity, as part of the legal
10 defense being provided by the state risk management program,
11 the Division of Risk Management may enter into an
12 indemnification agreement for the purpose of securing an
13 appellate supersedeas bond, provided that, under any such
14 agreement, the liability of the State of Florida is limited to
15 the amount of the judgment being appealed and any costs
16 imposed by law or the appropriate court.
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20 And the title is amended as follows:
21 On page 2, line 5,
22 remove from the title of the bill: said line
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24 and insert in lieu thereof:
25 party; amending s. 45.051, F.S.; authorizing
26 the Division of Risk Management to enter into
27 indemnification agreements for supersedeas
28 bonds; amending s. 45.062.; providing
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File original & 9 copies 04/23/01
hjc0003 10:14 pm 00623-sgc -342625