Bill Text: FL S0040 | 2010 | Regular Session | Introduced
Bill Title: Relief/Marissa Amora/DCFS
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on The Special Master on Claim Bills [S0040 Detail]
Download: Florida-2010-S0040-Introduced.html
Florida Senate - 2010 (NP) SB 40 By Senator Lawson 6-00129A-10 201040__ 1 A bill to be entitled 2 An act relating to the relief of Marissa Amora in 3 furtherance of chapter 2008-258, Laws of Florida; 4 providing a continuing appropriation to compensate 5 Marissa Amora for injuries and damages sustained as a 6 result of negligence by employees of the Department of 7 Children and Family Services; requiring a specified 8 legislative budget request; providing a limitation on 9 the payment of attorney’s fees and costs; providing 10 legislative intent as to the waiver of all lien 11 interests held by the state; providing an effective 12 date. 13 14 WHEREAS, the Legislature intended to provide for additional 15 compensation totaling $18.2 million over a 10-year period 16 beginning in the 2008-2009 fiscal year to compensate Marissa 17 Amora for injuries and damages sustained as a result of 18 negligence by employees of the Department of Children and Family 19 Services, and 20 WHEREAS, on May 6, 2008, chapter 2008-258, Laws of Florida, 21 was approved by the Governor and enacted into law to compensate 22 Marissa Amora, but the act did not fulfill the Legislature’s 23 intent, and 24 WHEREAS, the act provided compensation in the amount of 25 $1.2 million for Marissa Amora, beginning in the 2008-2009 26 fiscal year only, and $1.7 million for the next 9 consecutive 27 years thereafter through the 2017-2018 fiscal year, for a total 28 of $16.5 million over 10 years, not $18.2 million as the 29 Legislature intended, and 30 WHEREAS, compensation in the amount of $1.2 million was 31 provided to Marissa Amora for the 2008-2009 fiscal year, but the 32 Chief Financial Officer was not authorized to draw a warrant for 33 any of the payments in the amounts of $1.7 million, and 34 WHEREAS, compensation in the amount of $1.7 million was 35 provided to Marissa Amora for the 2009-2010 fiscal year, and 36 WHEREAS, additional legislation is needed to fulfill the 37 Legislature’s intent to provide compensation to Marissa Amora 38 totaling $18.2 million, NOW, THEREFORE, 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. The facts stated herein and in the preamble of 43 chapter 2008-258, Laws of Florida, have been declared to be true 44 and are adopted. 45 Section 2. There is appropriated from the Administrative 46 Trust Fund of the Department of Children and Family Services or 47 any successor thereto, or, if sufficient funds are not available 48 from that fund to make payment for any given year or otherwise, 49 from the General Revenue Fund, the sum of $1.7 million each year 50 beginning in the 2009-2010 fiscal year, inclusive, and for the 51 next 9 consecutive years thereafter until the 2018-2019 fiscal 52 year, to be paid to an insurance company or other financial 53 institution admitted and authorized to issue annuity contracts 54 in this state and selected by the guardian of Marissa Amora, to 55 finance and purchase a structured settlement for the benefit of 56 Marissa Amora, which shall include an annuity that must be used 57 for the habilitative care of Marissa Amora over the duration of 58 her lifetime and as relief and compensation for the injuries and 59 damages she sustained as a result of the department’s wrongful 60 conduct. 61 Section 3. Beginning in the 2009-2010 fiscal year and for 62 the next 8 fiscal years thereafter, the Department of Children 63 and Family Services shall include in its annual legislative 64 budget request a specific appropriation for $1.7 million of 65 nonrecurring funds for the relief of Marissa Amora in the 66 Administrative Trust Fund or the General Revenue Fund, for a 67 total of $15.3 million to be paid over 9 consecutive years. 68 Section 4. The Chief Financial Officer is directed to 69 execute all necessary agreements to implement the payment of 70 this claim and to draw a warrant in the amount of $1.7 million 71 each fiscal year beginning in the 2010-2011 fiscal year, 72 inclusive, in favor of the financier of the structured 73 settlement, to be paid from the Administrative Trust Fund of the 74 Department of Children and Family Services or any successor 75 thereto, or, if sufficient funds are not available from that 76 fund to make payment for any given year or otherwise, from the 77 General Revenue Fund. The financing of this structured 78 settlement constitutes a state debt or obligation as defined in 79 s. 216.0442(1), Florida Statutes. 80 Section 5. The amount awarded under chapter 2008-258, Laws 81 of Florida, and any subsequent awards appropriated up to a total 82 of $18.2 million in nonrecurring funds, inclusive of this award, 83 are intended to provide the sole compensation for all present 84 and future claims arising out of the factual situation described 85 in the preamble to chapter 2008-258, Laws of Florida, which 86 resulted in the injury to Marissa Amora. The amount of 87 attorney’s fees, lobbying fees, costs, and other similar 88 expenses relating to this claim may not exceed 25 percent of 89 each annual payment awarded pursuant to this act. 90 Section 6. It is the intent of the Legislature that all 91 lien interests held by the state resulting from the treatment 92 and care of Marissa Amora for the events described in the 93 preamble to chapter 2008-258, Laws of Florida, are waived and 94 extinguished, and the claimant’s guardianship is relieved of any 95 obligation to reimburse Medicaid, Medicare, or the Agency for 96 Health Care Administration for such expenses. 97 Section 7. The appropriation made and authorized by this 98 act is deemed a continuing appropriation within the meaning of 99 s. 216.011(1), Florida Statutes. 100 Section 8. This act shall take effect upon becoming a law.
