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Senators Joyner and Webster moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 352-441,

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and insert:

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Officer to draw a warrant from the General Revenue Fund or

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another source designated by the Legislature in law for the

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purchase of an annuity for the claimant based on the total amount

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determined by the department under this act.

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     (4) The Chief Financial Officer shall purchase an annuity

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on behalf of the claimant for a term of not less than 10 years.

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The terms of the annuity shall:

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     (a) Provide that the annuity may not be sold, discounted,

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or used as security for a loan or mortgage by the applicant.

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     (b) Contain beneficiary provisions for the continued

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disbursement of the annuity in the event of the death of the

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applicant.

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     (5) Before the Chief Financial Officer draws the warrant

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for the purchase of the annuity, the claimant must sign a release

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and waiver on behalf of the claimant and his or her heirs,

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successors, and assigns, forever releasing the state or any

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agency, instrumentality, or any political subdivision thereof, or

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any other entity subject to the provisions of s. 768.28, Florida

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Statutes, from all present or future claims that the claimant or

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his or her heirs, successors, or assigns may have against such

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entities arising out of the facts in connection with the wrongful

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conviction for which compensation is being sought under the act.

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The release and waiver must be provided to the department prior

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to the issuance of the warrant by the Chief Financial Officer.

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     (6)(a) A wrongfully incarcerated person may not submit an

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application for compensation under this act if the person has a

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lawsuit pending against the state or any agency, instrumentality,

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or any political subdivision thereof, or any other entity subject

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to the provisions of s. 768.28, Florida Statutes, in state or

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federal court requesting compensation arising out of the facts in

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connection with the claimant's conviction and incarceration.

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     (b) A wrongfully incarcerated person may not submit an

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application for compensation under this act if the person is the

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subject of a claim bill pending for claims arising out of the

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facts in connection with the claimant's conviction and

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incarceration.

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     (c) Once an application is filed under this act, a

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wrongfully incarcerated person may not pursue recovery under a

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claim bill until the final disposition of the application.

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     (d) Any amount awarded under this act is intended to

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provide the sole compensation for any and all present and future

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claims arising out of the facts in connection with the claimant's

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conviction and incarceration. Upon notification by the department

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that an application meets the requirements of this act, a

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wrongfully incarcerated person may not recover under a claim

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bill.

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     (e) Any compensation awarded under a claim bill shall be

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the sole redress for claims arising out of the facts in

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connection with the claimant's conviction and incarceration and,

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upon any award of compensation to a wrongfully incarcerated

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person under a claim bill, the person may not receive

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compensation under this act.

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     (7) Any payment made under this act does not constitute a

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waiver of any defense of sovereign immunity or an increase in the

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limits of liability on behalf of the state or any person subject

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to the provisions of s. 768.28, Florida Statutes, or other law.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 42-47,

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and insert:

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period; directing the Chief Financial Officer to purchase

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an annuity on behalf of the claimant; prescribing the

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terms of the annuity; prescribing

4/17/2008  8:45:00 AM     JU.18.07845