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