Florida 2022 Regular Session

Florida House Bill H0241 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 241 2022
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5	5
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0241-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to compensation for eligible victims 2
16	16	of wrongful incarceration; amending s. 961.03, F.S.; 3
17	17	extending the filing deadline for a petition claiming 4
18	18	wrongful incarceration; providing limited 5
19	19	retroactivity for filing a petition claiming wrongful 6
20	20	incarceration; providing that a deceased person's 7
21	21	heirs, successors, or assigns do not have standing to 8
22	22	file a petition related to the wrongful incarceration 9
23	23	of the deceased person; amending s. 961.04, F.S.; 10
24	24	revising eligibility for compensation for wrongf ul 11
25	25	incarceration for a wrongfully incarcerated person; 12
26	26	amending s. 961.06, F.S.; authorizing the Chief 13
27	27	Financial Officer to adjust compensation for inflation 14
28	28	for persons found to be wrongfully incarcerated after 15
29	29	a specified date; revising conditions for el igibility 16
30	30	for compensation for wrongful incarceration; amending 17
31	31	s. 961.07, F.S.; specifying that payments for certain 18
32	32	petitions filed under the Victims of Wrongful 19
33	33	Incarceration Compensation Act are subject to specific 20
34	34	appropriation; reenacting ss. 961.02( 4) and 21
35	35	961.03(1)(a), (2), (3), and (4), F.S., relating to 22
36	36	eligibility for compensation for wrongfully 23
37	37	incarcerated persons, to incorporate the amendment 24
38	38	made to s. 961.04, F.S., in references thereto; 25
39	39
40	40	HB 241 2022
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42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0241-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48	48
49	49
50	50
51	51	reenacting ss. 961.02(5) and 961.05(6), F.S., relating 26
52	52	to receiving compensation, to incorporate the 27
53	53	amendment made to s. 961.06, F.S., in references 28
54	54	thereto; providing an effective date. 29
55	55	30
56	56	Be It Enacted by the Legislature of the State of Florida: 31
57	57	32
58	58	Section 1. Paragraph (b) of subsection (1) of section 33
59	59	961.03, Florida Statutes, is amended, and paragraph (c) is added 34
60	60	to that subsection, to read: 35
61	61	961.03 Determination of status as a wrongfully 36
62	62	incarcerated person; determination of eligibility for 37
63	63	compensation.— 38
64	64	(1) 39
65	65	(b) The person must file the petition with the court: 40
66	66	1. Within 2 years after the order vacating a conviction 41
67	67	and sentence becomes final and the criminal charges against the 42
68	68	person are dismissed or the person is retried and acquitted, if 43
69	69	the person's conviction and sentence is vacated on or after July 44
70	70	1, 2022. 45
71	71	2. By July 1, 2024, if the person's conviction and 46
72	72	sentence was vacated and the criminal charges against the person 47
73	73	were dismissed or the person was retried and acquitted on or 48
74	74	after January 1, 2006, but before July 1, 2022, and he or she 49
75	75	previously filed a petition under this section which was 50
76	76
77	77	HB 241 2022
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79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0241-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	dismissed or did not file a petition under this section because: 51
89	89	a. The date when the criminal charges against the person 52
90	90	were dismissed or the date the person was acquitted upon retrial 53
91	91	occurred more than 90 days after the date of the final order 54
92	92	vacating the conviction and sentence; or 55
93	93	b. The person was convicted of an unrelated felony before 56
94	94	or during his or her wrongful conviction and incarceration and 57
95	95	was ineligible for compensation unde r former s. 961.04. 58
96	96	(c) A deceased person's heirs, successors, or assigns do 59
97	97	not have standing to file a petition on the deceased person's 60
98	98	behalf under this section 61
99	99	1. Within 90 days after the order vacating a conviction 62
100	100	and sentence becomes final if t he person's conviction and 63
101	101	sentence is vacated on or after July 1, 2008. 64
102	102	2. By July 1, 2010, if the person's conviction and 65
103	103	sentence was vacated by an order that became final prior to July 66
104	104	1, 2008. 67
105	105	Section 2. Section 961.04, Florida Statutes, is amended to 68
106	106	read: 69
107	107	961.04 Eligibility for compensation for wrongful 70
108	108	incarceration.—A wrongfully incarcerated person is not eligible 71
109	109	for compensation under the act for any period of incarceration 72
110	110	during which the person was concurrently serving a sentence f or 73
111	111	a conviction of another crime for which such person was lawfully 74
112	112	incarcerated if: 75
113	113
114	114	HB 241 2022
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116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0241-00
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122	122
123	123
124	124
125	125	(1) Before the person's wrongful conviction and 76
126	126	incarceration, the person was convicted of, or pled guilty or 77
127	127	nolo contendere to, regardless of adjudication, any violent 78
128	128	felony, or a crime committed in another jurisdiction the 79
129	129	elements of which would constitute a violent felony in this 80
130	130	state, or a crime committed against the United States which is 81
131	131	designated a violent felony, excluding any delinquency 82
132	132	disposition; 83
133	133	(2) Before the person's wrongful conviction and 84
134	134	incarceration, the person was convicted of, or pled guilty or 85
135	135	nolo contendere to, regardless of adjudication, more than one 86
136	136	felony that is not a violent felony, or more than one crime 87
137	137	committed in another jurisdic tion, the elements of which would 88
138	138	constitute a felony in this state, or more than one crime 89
139	139	committed against the United States which is designated a 90
140	140	felony, excluding any delinquency disposition; 91
141	141	(3) During the person's wrongful incarceration, the perso n 92
142	142	was convicted of, or pled guilty or nolo contendere to, 93
143	143	regardless of adjudication, any violent felony; 94
144	144	(4) During the person's wrongful incarceration, the person 95
145	145	was convicted of, or pled guilty or nolo contendere to, 96
146	146	regardless of adjudication, more than one felony that is not a 97
147	147	violent felony; or 98
148	148	(5) During the person's wrongful incarceration, the person 99
149	149	was also serving a concurrent sentence for another felony for 100
150	150
151	151	HB 241 2022
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153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0241-00
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159	159
160	160
161	161
162	162	which the person was not wrongfully convicted . 101
163	163	Section 3. Section 961.06, Florid a Statutes, is amended to 102
164	164	read: 103
165	165	961.06 Compensation for wrongful incarceration. — 104
166	166	(1) Except as otherwise provided in this act and subject 105
167	167	to the limitations and procedures prescribed in this section, a 106
168	168	person who is found to be entitled to compensation under the 107
169	169	provisions of this act is entitled to: 108
170	170	(a) Monetary compensation for wrongful incarceration, 109
171	171	which shall be calculated at a rate of $50,000 for each year of 110
172	172	wrongful incarceration, prorated as necessary to account for a 111
173	173	portion of a year. For persons found to be wrongfully 112
174	174	incarcerated after December 31, 2005 2008, the Chief Financial 113
175	175	Officer may adjust the annual rate of compensation for inflation 114
176	176	using the change in the December -to-December "Consumer Price 115
177	177	Index for All Urban Consumers" of the Bureau of Labor Statistics 116
178	178	of the Department of Labor; 117
179	179	(b) A waiver of tuition and fees for up to 120 hours of 118
180	180	instruction at any career center established under s. 1001.44, 119
181	181	any Florida College System institution as defined in s. 120
182	182	1000.21(3), or any s tate university as defined in s. 1000.21(6), 121
183	183	if the wrongfully incarcerated person meets and maintains the 122
184	184	regular admission requirements of such career center, Florida 123
185	185	College System institution, or state university; remains 124
186	186	registered at such educational institution; and makes 125
187	187
188	188	HB 241 2022
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0241-00
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196	196
197	197
198	198
199	199	satisfactory academic progress as defined by the educational 126
200	200	institution in which the claimant is enrolled; 127
201	201	(c) The amount of any fine, penalty, or court costs 128
202	202	imposed and paid by the wrongfully incarcerated person; 129
203	203	(d) The amount of any reasonable attorney attorney's fees 130
204	204	and expenses incurred and paid by the wrongfully incarcerated 131
205	205	person in connection with all criminal proceedings and appeals 132
206	206	regarding the wrongful conviction, to be calculated by the 133
207	207	department based upon the supporting documentation submitted as 134
208	208	specified in s. 961.05; and 135
209	209	(e) Notwithstanding any provision to the contrary in s. 136
210	210	943.0583 or s. 943.0585, immediate administrative expunction of 137
211	211	the person's criminal record resulting from his or her wrongful 138
212	212	arrest, wrongful conviction, and wrongful incarceration. The 139
213	213	Department of Legal Affairs and the Department of Law 140
214	214	Enforcement shall, upon a determination that a claimant is 141
215	215	entitled to compensation, immediately take all action necessary 142
216	216	to administratively ex punge the claimant's criminal record 143
217	217	arising from his or her wrongful arrest, wrongful conviction, 144
218	218	and wrongful incarceration. All fees for this process shall be 145
219	219	waived. 146
220	220	147
221	221	The total compensation awarded under paragraphs (a), (c), and 148
222	222	(d) may not exceed $2 m illion. No further award for attorney 149
223	223	attorney's fees, lobbying fees, costs, or other similar expenses 150
224	224
225	225	HB 241 2022
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227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb0241-00
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
233	233
234	234
235	235
236	236	shall be made by the state. 151
237	237	(2) In calculating monetary compensation under paragraph 152
238	238	(1)(a), a wrongfully incarcerated person who is placed on parole 153
239	239	or community supervision while serving the sentence resulting 154
240	240	from the wrongful conviction and who commits no more than one 155
241	241	felony that is not a violent felony which results in revocation 156
242	242	of the parole or community supervision is eligible for 157
243	243	compensation for the total number of years incarcerated. A 158
244	244	wrongfully incarcerated person who commits one violent felony or 159
245	245	more than one felony that is not a violent felony that results 160
246	246	in revocation of the parole or community supervision is 161
247	247	ineligible for any compensa tion under subsection (1). 162
248	248	(2)(3) Within 15 calendar days after issuing notice to the 163
249	249	claimant that his or her claim satisfies all of the requirements 164
250	250	under this act, the department shall notify the Chief Financial 165
251	251	Officer to draw a warrant from the Gene ral Revenue Fund or 166
252	252	another source designated by the Legislature in law for the 167
253	253	purchase of an annuity for the claimant based on the total 168
254	254	amount determined by the department under this act. 169
255	255	(3)(4) The Chief Financial Officer shall issue payment in 170
256	256	the amount determined by the department to an insurance company 171
257	257	or other financial institution admitted and authorized to issue 172
258	258	annuity contracts in this state to purchase an annuity or 173
259	259	annuities, selected by the wrongfully incarcerated person, for a 174
260	260	term of not less than 10 years. The Chief Financial Officer is 175
261	261
262	262	HB 241 2022
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264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb0241-00
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270	270
271	271
272	272
273	273	directed to execute all necessary agreements to implement this 176
274	274	act and to maximize the benefit to the wrongfully incarcerated 177
275	275	person. The terms of the annuity or annuities shall: 178
276	276	(a) Provide that the a nnuity or annuities may not be sold, 179
277	277	discounted, or used as security for a loan or mortgage by the 180
278	278	wrongfully incarcerated person. 181
279	279	(b) Contain beneficiary provisions for the continued 182
280	280	disbursement of the annuity or annuities in the event of the 183
281	281	death of the wrongfully incarcerated person. 184
282	282	(4)(5) Before the department approves the application for 185
283	283	compensation, the wrongfully incarcerated person must sign a 186
284	284	release and waiver on behalf of the wrongfully incarcerated 187
285	285	person and his or her heirs, successors , and assigns, forever 188
286	286	releasing the state or any agency, instrumentality, or any 189
287	287	political subdivision thereof, or any other entity subject to s. 190
288	288	768.28, from all present or future claims that the wrongfully 191
289	289	incarcerated person or his or her heirs, succes sors, or assigns 192
290	290	may have against such entities arising out of the facts in 193
291	291	connection with the wrongful conviction for which compensation 194
292	292	is being sought under the act. 195
293	293	(5)(6)(a) A wrongfully incarcerated person may not submit 196
294	294	an application for compens ation under this act if the person has 197
295	295	a lawsuit pending against the state or any agency, 198
296	296	instrumentality, or any political subdivision thereof, or any 199
297	297	other entity subject to the provisions of s. 768.28, in state or 200
298	298
299	299	HB 241 2022
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301	301
302	302
303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb0241-00
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
307	307
308	308
309	309
310	310	federal court requesting compensation a rising out of the facts 201
311	311	in connection with the claimant's conviction and incarceration. 202
312	312	(b) A wrongfully incarcerated person may not submit an 203
313	313	application for compensation under this act if the person is the 204
314	314	subject of a claim bill pending for claims ari sing out of the 205
315	315	facts in connection with the claimant's conviction and 206
316	316	incarceration. 207
317	317	(c) Once an application is filed under this act, a 208
318	318	wrongfully incarcerated person may not pursue recovery under a 209
319	319	claim bill until the final disposition of the applicat ion. 210
320	320	(d) Any amount awarded under this act is intended to 211
321	321	provide the sole compensation for any and all present and future 212
322	322	claims arising out of the facts in connection with the 213
323	323	claimant's conviction and incarceration. Upon notification by 214
324	324	the department that an application meets the requirements of 215
325	325	this act, a wrongfully incarcerated person may not recover under 216
326	326	a claim bill. 217
327	327	(e) Any compensation awarded under a claim bill shall be 218
328	328	the sole redress for claims arising out of the facts in 219
329	329	connection with the claimant's conviction and incarceration and, 220
330	330	upon any award of compensation to a wrongfully incarcerated 221
331	331	person under a claim bill, the person may not receive 222
332	332	compensation under this act. 223
333	333	(6)(7) Any payment made under this act does not constitute 224
334	334	a waiver of any defense of sovereign immunity or an increase in 225
335	335
336	336	HB 241 2022
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338	338
339	339
340	340	CODING: Words stricken are deletions; words underlined are additions.
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
344	344
345	345
346	346
347	347	the limits of liability on behalf of the state or any person 226
348	348	subject to the provisions of s. 768.28 or other law. 227
349	349	Section 4. Section 9 61.07, Florida Statutes, is amended to 228
350	350	read: 229
351	351	961.07 Continuing appropriation. — 230
352	352	(1) Beginning in the 2022-2023 2008-2009 fiscal year and 231
353	353	continuing each fiscal year thereafter, a sum sufficient to pay 232
354	354	the approved payments under s. 961.03(1)(b)1. this act is 233
355	355	appropriated from the General Revenue Fund to the Chief 234
356	356	Financial Officer, which sum is further appropriated for 235
357	357	expenditure pursuant to the provisions of this act. 236
358	358	(2) Payments for petitions filed pursuant to s. 237
359	359	961.03(1)(b)2. are subject to speci fic appropriation. 238
360	360	Section 5. For the purpose of incorporating the amendment 239
361	361	made by this act to section 961.04, Florida Statutes, in a 240
362	362	reference thereto, subsection (4) of section 961.02, Florida 241
363	363	Statutes, is reenacted to read: 242
364	364	961.02 Definitions.—As used in ss. 961.01 -961.07, the 243
365	365	term: 244
366	366	(4) "Eligible for compensation" means that a person meets 245
367	367	the definition of the term "wrongfully incarcerated person" and 246
368	368	is not disqualified from seeking compensation under the criteria 247
369	369	prescribed in s. 961.04. 248
370	370	Section 6. For the purpose of incorporating the amendment 249
371	371	made by this act to section 961.04, Florida Statutes, in 250
372	372
373	373	HB 241 2022
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375	375
376	376
377	377	CODING: Words stricken are deletions; words underlined are additions.
378	378	hb0241-00
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
381	381
382	382
383	383
384	384	references thereto, paragraph (a) of subsection (1) and 251
385	385	subsections (2), (3), and (4) of section 961.03, Florida 252
386	386	Statutes, are reenacted to read: 253
387	387	961.03 Determination of status as a wrongfully 254
388	388	incarcerated person; determination of eligibility for 255
389	389	compensation.— 256
390	390	(1)(a) In order to meet the definition of a "wrongfully 257
391	391	incarcerated person" and "eligible for compensation," upon e ntry 258
392	392	of an order, based upon exonerating evidence, vacating a 259
393	393	conviction and sentence, a person must set forth the claim of 260
394	394	wrongful incarceration under oath and with particularity by 261
395	395	filing a petition with the original sentencing court, with a 262
396	396	copy of the petition and proper notice to the prosecuting 263
397	397	authority in the underlying felony for which the person was 264
398	398	incarcerated. At a minimum, the petition must: 265
399	399	1. State that verifiable and substantial evidence of 266
400	400	actual innocence exists and state with particul arity the nature 267
401	401	and significance of the verifiable and substantial evidence of 268
402	402	actual innocence; and 269
403	403	2. State that the person is not disqualified, under the 270
404	404	provisions of s. 961.04, from seeking compensation under this 271
405	405	act. 272
406	406	(2) The prosecuting authori ty must respond to the petition 273
407	407	within 30 days. The prosecuting authority may respond: 274
408	408	(a) By certifying to the court that, based upon the 275
409	409
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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419	419
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421	421	petition and verifiable and substantial evidence of actual 276
422	422	innocence, no further criminal proceedings in the case a t bar 277
423	423	can or will be initiated by the prosecuting authority, that no 278
424	424	questions of fact remain as to the petitioner's wrongful 279
425	425	incarceration, and that the petitioner is not ineligible from 280
426	426	seeking compensation under the provisions of s. 961.04; or 281
427	427	(b) By contesting the nature, significance, or effect of 282
428	428	the evidence of actual innocence, the facts related to the 283
429	429	petitioner's alleged wrongful incarceration, or whether the 284
430	430	petitioner is ineligible from seeking compensation under the 285
431	431	provisions of s. 961.04. 286
432	432	(3) If the prosecuting authority responds as set forth in 287
433	433	paragraph (2)(a), the original sentencing court, based upon the 288
434	434	evidence of actual innocence, the prosecuting authority's 289
435	435	certification, and upon the court's finding that the petitioner 290
436	436	has presented clear and convincing evidence that the petitioner 291
437	437	committed neither the act nor the offense that served as the 292
438	438	basis for the conviction and incarceration, and that the 293
439	439	petitioner did not aid, abet, or act as an accomplice to a 294
440	440	person who committed the a ct or offense, shall certify to the 295
441	441	department that the petitioner is a wrongfully incarcerated 296
442	442	person as defined by this act. Based upon the prosecuting 297
443	443	authority's certification, the court shall also certify to the 298
444	444	department that the petitioner is eligi ble for compensation 299
445	445	under the provisions of s. 961.04. 300
446	446
447	447	HB 241 2022
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451	451	CODING: Words stricken are deletions; words underlined are additions.
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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457	457
458	458	(4)(a) If the prosecuting authority responds as set forth 301
459	459	in paragraph (2)(b), the original sentencing court shall make a 302
460	460	determination from the pleadings and supporting documentation 303
461	461	whether, by a preponderance of the evidence, the petitioner is 304
462	462	ineligible for compensation under the provisions of s. 961.04, 305
463	463	regardless of his or her claim of wrongful incarceration. If the 306
464	464	court finds the petitioner ineligible under the provisions of s. 307
465	465	961.04, it shall dismiss the petition. 308
466	466	(b) If the prosecuting authority responds as set forth in 309
467	467	paragraph (2)(b), and the court determines that the petitioner 310
468	468	is eligible under the provisions of s. 961.04, but the 311
469	469	prosecuting authority contests the nature, significan ce or 312
470	470	effect of the evidence of actual innocence, or the facts related 313
471	471	to the petitioner's alleged wrongful incarceration, the court 314
472	472	shall set forth its findings and transfer the petition by 315
473	473	electronic means through the division's website to the division 316
474	474	for findings of fact and a recommended determination of whether 317
475	475	the petitioner has established that he or she is a wrongfully 318
476	476	incarcerated person who is eligible for compensation under this 319
477	477	act. 320
478	478	Section 7. For the purpose of incorporating the amendment 321
479	479	made by this act to section 961.06, Florida Statutes, in a 322
480	480	reference thereto, subsection (5) of section 961.02, Florida 323
481	481	Statutes, is reenacted to read: 324
482	482	961.02 Definitions. —As used in ss. 961.01 -961.07, the 325
483	483
484	484	HB 241 2022
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486	486
487	487
488	488	CODING: Words stricken are deletions; words underlined are additions.
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492	492
493	493
494	494
495	495	term: 326
496	496	(5) "Entitled to compensation" means tha t a person meets 327
497	497	the definition of the term "eligible for compensation" and 328
498	498	satisfies the application requirements prescribed in s. 961.05, 329
499	499	and may receive compensation pursuant to s. 961.06. 330
500	500	Section 8. For the purpose of incorporating the amendment 331
501	501	made by this act to section 961.06, Florida Statutes, in a 332
502	502	reference thereto, subsection (6) of section 961.05, Florida 333
503	503	Statutes, is reenacted to read: 334
504	504	961.05 Application for compensation for wrongful 335
505	505	incarceration; administrative expunction; determination of 336
506	506	entitlement to compensation. — 337
507	507	(6) If the department determines that a claimant meets the 338
508	508	requirements of this act, the wrongfully incarcerated person who 339
509	509	is the subject of the claim becomes entitled to compensation, 340
510	510	subject to the provisions in s. 96 1.06. 341
511	511	Section 9. This act shall take effect July 1, 2022. 342