SENATE AMENDMENT

    Bill No. CS for SB 22

    Amendment No. ___   Barcode 530656

                            CHAMBER ACTION
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11  Senator Pruitt moved the following amendment:

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13         Senate Amendment 

14          Delete everything after the enacting clause

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16  and insert:

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

18  act are found and declared to be true.

19         Section 2.  There is appropriated from the

20  Administrative Trust Fund of the Department of Children and

21  Family Services or any successor thereto, or in the event

22  sufficient funds are not available from that fund to make

23  payment for any given year, or otherwise, from the General

24  Revenue Fund, the sum of $760,000 each year for fiscal years

25  2002-2003 inclusive through 2011-2012, to be paid to an

26  insurance company or other financial institution admitted and

27  authorized to issue annuity contracts in this state, to

28  finance and purchase a structured settlement for the benefit

29  of Kimberly Godwin, which shall include an annuity that must

30  be used for the habilitative care of Kimberly Godwin over the

31  duration of her lifetime and as a relief for the violations of

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    2:13 PM   03/19/02                              s0022c1b-27b01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 22

    Amendment No. ___   Barcode 530656





  1  her rights and for injuries and damages she sustained as a

  2  result of the department's wrongful conduct.

  3         Section 3.  The Comptroller is directed to execute all

  4  necessary agreements to implement the payment of this claim,

  5  and to draw a warrant in the amount of $760,000 each fiscal

  6  year beginning in 2002-2003 through 2011-2012, inclusive, in

  7  favor of the financier of the structured settlement and to be

  8  paid from the Administrative Trust Fund of the Department of

  9  Children and Family Services or any successor thereto, or in

10  the event sufficient funds are not available from that fund to

11  make payment for any given fiscal year, or otherwise, from the

12  General Revenue Fund. The financing of this structured

13  settlement shall constitute a state debt or obligation as

14  defined in section 216.0442(1)(j), Florida Statutes, as now in

15  effect.

16         Section 4.  The Department of Children and Family

17  Services shall include in its annual legislative budget

18  request a specific appropriation for funds sufficient to make

19  the payment due under this section during each relevant fiscal

20  year beginning in fiscal year 2003-2004 and inclusive through

21  2011-2012.

22         Section 5.  The appropriation made and authorized by

23  this section shall be deemed a continuing appropriation within

24  the meaning of section 216.011(1)(i), Florida Statutes, as in

25  effect on the date this act becomes a law.

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

27  law.

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