Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 756
4/17/2008 12:25 PM
Senators Joyner and Webster moved the following amendment:
Senate Amendment (with title amendment)
Delete line(s) 352-441,
Officer to draw a warrant from the General Revenue Fund or
another source designated by the Legislature in law for the
purchase of an annuity for the claimant based on the total amount
determined by the department under this act.
(4) The Chief Financial Officer shall purchase an annuity
on behalf of the claimant for a term of not less than 10 years.
The terms of the annuity shall:
(a) Provide that the annuity may not be sold, discounted,
or used as security for a loan or mortgage by the applicant.
(b) Contain beneficiary provisions for the continued
disbursement of the annuity in the event of the death of the
(5) Before the Chief Financial Officer draws the warrant
for the purchase of the annuity, the claimant must sign a release
and waiver on behalf of the claimant and his or her heirs,
successors, and assigns, forever releasing the state or any
agency, instrumentality, or any political subdivision thereof, or
any other entity subject to the provisions of s. 768.28, Florida
Statutes, from all present or future claims that the claimant or
his or her heirs, successors, or assigns may have against such
entities arising out of the facts in connection with the wrongful
conviction for which compensation is being sought under the act.
The release and waiver must be provided to the department prior
to the issuance of the warrant by the Chief Financial Officer.
(6)(a) A wrongfully incarcerated person may not submit an
application for compensation under this act if the person has a
lawsuit pending against the state or any agency, instrumentality,
or any political subdivision thereof, or any other entity subject
to the provisions of s. 768.28, Florida Statutes, in state or
federal court requesting compensation arising out of the facts in
connection with the claimant's conviction and incarceration.
(b) A wrongfully incarcerated person may not submit an
application for compensation under this act if the person is the
subject of a claim bill pending for claims arising out of the
facts in connection with the claimant's conviction and
(c) Once an application is filed under this act, a
wrongfully incarcerated person may not pursue recovery under a
claim bill until the final disposition of the application.
(d) Any amount awarded under this act is intended to
provide the sole compensation for any and all present and future
claims arising out of the facts in connection with the claimant's
conviction and incarceration. Upon notification by the department
that an application meets the requirements of this act, a
wrongfully incarcerated person may not recover under a claim
(e) Any compensation awarded under a claim bill shall be
the sole redress for claims arising out of the facts in
connection with the claimant's conviction and incarceration and,
upon any award of compensation to a wrongfully incarcerated
person under a claim bill, the person may not receive
compensation under this act.
(7) Any payment made under this act does not constitute a
waiver of any defense of sovereign immunity or an increase in the
limits of liability on behalf of the state or any person subject
to the provisions of s. 768.28, Florida Statutes, or other law.
================ T I T L E A M E N D M E N T ================
And the title is amended as follows:
Delete line(s) 42-47,
period; directing the Chief Financial Officer to purchase
an annuity on behalf of the claimant; prescribing the
terms of the annuity; prescribing
4/17/2008 8:45:00 AM JU.18.07845
CODING: Words stricken are deletions; words underlined are additions.