Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2968
                        Barcode 221792
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Criminal and Civil Justice Appropriations
12  (Crist) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
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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 $4.8 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 $4.8 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
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2968
                        Barcode 221792
 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
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2968
                        Barcode 221792
 1  law.
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 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
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 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.
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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
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2968
                        Barcode 221792
 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
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2968
                        Barcode 221792
 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,
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