HB 6503 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6503-00
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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
A bill to be entitled 1
An act for the relief of Barney Brown, who was 2
wrongfully incarcerated for 38 years; providing an 3
appropriation to compensate him for his wrongful 4
incarceration; providing that the act does not waive 5
certain defenses or increase the state's liability; 6
providing that the appropriation satisfies all present 7
and future claims related to the arrest, conviction, 8
and incarceration of Barney Brown; prohibiting the 9
award of any additional amounts for specified 10
purposes; providing an effective date. 11
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WHEREAS, in 1970, Barney Brown was convicted in Miami -Dade 13
County, then known as Dade County, of rape and robbery and was 14
sentenced to life in prison despite an earlier ac quittal of the 15
same charges in juvenile court, and 16
WHEREAS, Mr. Brown served 38 years in prison, during which 17
time he steadfastly maintained his innocence, and 18
WHEREAS, in September 2008, the Circuit Court in the 11th 19
Judicial Circuit in and for Miami -Dade County vacated the 20
judgment and sentence of Mr. Brown as entered on September 11, 21
1970, because significant doubt existed as to his guilt, and 22
WHEREAS, the Legislature acknowledges that the state's 23
system of justice yielded an imperfect result that had tragic 24
consequences in this case, and 25
HB 6503 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6503-00
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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
WHEREAS, this act is based on a moral desire to acknowledge 26
those who are wrongfully convicted of a felony offense, 27
incarcerated as a result of that conviction, and subsequently 28
determined to actually be innocent, an d is not a recognition of 29
a constitutional right or violation, and 30
WHEREAS, the Legislature is providing compensation to Mr. 31
Brown to acknowledge the fact that he suffered significant 32
damages that are unique to him, and 33
WHEREAS, the Legislature intends t hat any compensation made 34
pursuant to this act be the sole compensation provided by the 35
state for any and all present and future claims arising out of 36
the factual situation described in the preamble to this act, 37
including the wrongful incarceration of Mr. Brown for 38 years, 38
NOW, THEREFORE, 39
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Be It Enacted by the Legislature of the State of Florida: 41
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Section 1. The facts stated in the preamble to this act 43
are found and declared to be true. 44
Section 2. The sum of $1.9 million is appropriated from 45
the General Revenue Fund to the Department of Financial Services 46
for the relief of Barney Brown for the injuries and damages he 47
sustained. 48
Section 3. The Chief Financial Officer is directed to draw 49
a warrant in favor of Barney Brown in the sum of $1.9 mil lion 50
HB 6503 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6503-00
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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
upon funds of the Department of Financial Services in the State 51
Treasury, and the Chief Financial Officer is directed to pay the 52
same out of such funds in the State Treasury. 53
Section 4. The Legislature, by this act, does not waive 54
any defense of sovereign immunity or increase the limits of 55
liability on behalf of the state or any person or entity that is 56
subject to s. 768.28, Florida Statutes, or any other law. 57
Section 5. This award is intended to provide the sole 58
compensation for any and all present and future claims arising 59
out of the factual situation in connection with Barney Brown's 60
arrest, conviction, and incarceration. Any additional award may 61
not be made for attorney fees, lobby ing fees, costs, or other 62
similar expenses to Barney Brown by the state or any agency, 63
instrumentality, or political subdivision thereof, or by any 64
other entity, including any county constitutional office, 65
officer, or employee, in state or federal court. 66
Section 6. This act shall take effect upon becoming a law. 67