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Amendment CaShTmL-124406.HTM
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 2610
                        Barcode 124406
                            CHAMBER ACTION
              Senate                               House
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       04/07/2005 03:17 PM         .                    
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11  Senators Carlton and Pruitt moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 11, line 8, through page 13, line 28, delete
15  those lines
16  
17  and insert:  state funds or other state resources, exceeding
18  $1 million, the refund or future loss of state revenues
19  exceeding $10 million, or the establishment of any new
20  program, unless:
21         (a)  The expenditure is provided for by an existing
22  appropriation or program established by law; and
23         (b)  At the time settlement negotiations are begun in
24  earnest, written notification is given to the President of the
25  Senate, the Speaker of the House of Representatives, the
26  Senate and House minority leaders, the chairs of the
27  appropriations committees of the Legislature, and the Attorney
28  General; and
29         (c)(b)  Prior written notification is given at least
30  within 5 business days or as soon thereafter as practicable,
31  before of the date the settlement or presettlement agreement
                                  1
    4:22 PM   04/06/05                              s2610.23wm.001

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2610 Barcode 124406 1 or order is to be made final to the President of the Senate, 2 the Speaker of the House of Representatives, the Senate and 3 House minority leaders, the chairs of the appropriations 4 committees of the Legislature, and the Attorney General. Such 5 notification shall specify how the agency involved will 6 address the costs in future years within the limits of current 7 appropriations. 8 1. The Division of Risk Management need not give the 9 notification required by this paragraph when settling any 10 claim covered by the state self-insurance program for an 11 amount less than $250,000. 12 2. The notification specified in this paragraph is not 13 required if: 14 a. The only settlement obligation of the state 15 resulting from the claim is to pay court costs in an amount 16 less than $10,000; 17 b. Notification would preclude the state's 18 participation in multi-state litigation; 19 c. Notification is precluded by federal law or 20 regulation; or 21 d. Notification is precluded by court rule or 22 sanction. 23 (2) The state executive branch agency or officer shall 24 negotiate a closure date as soon as possible for the civil 25 action. 26 (3) The state executive branch agency or officer may 27 not pledge any current or future action of another branch of 28 state government as a condition for settling the civil action. 29 (4) Any settlement that commits the state to spending 30 in excess of current appropriations or to policy changes 31 inconsistent with current state law shall be contingent upon 2 4:22 PM 04/06/05 s2610.23wm.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2610 Barcode 124406 1 and subject to legislative appropriation or statutory 2 amendment. The state agency or officer may agree to use all 3 efforts to procure legislative funding or statutory amendment. 4 (5) When a state agency or officer settles an action 5 or legal claim in which the state asserted a right to recover 6 money, all moneys paid to the state by a party in full or 7 partial exchange for a release of the state's claim shall be 8 placed into the General Revenue Fund or the appropriate trust 9 fund. 10 (6)(5) State executive branch agencies and officers 11 shall report to each substantive and fiscal committee of the 12 Legislature having jurisdiction over the reporting agency on 13 all potential settlements that may commit the state to: 14 (a) Spend in excess of current appropriations; or 15 (b) Make policy changes inconsistent with current 16 state law. 17 18 The state executive branch agency or officer shall provide 19 periodic updates to the appropriate legislative committees on 20 these issues during the settlement process. 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On page 1, lines 15 - 28, delete those lines 26 27 and insert: 28 presettlement agreements or orders; providing 29 certain exceptions; requiring that moneys paid 30 in settlement of a legal action be placed into 31 the General Revenue Fund or an appropriate 3 4:22 PM 04/06/05 s2610.23wm.001
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 2610 Barcode 124406 1 trust fund; amending s. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 4:22 PM 04/06/05 s2610.23wm.001
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