Florida 2022 Regular Session

Florida House Bill H6507 Compare Versions

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

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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	A bill to be entitled 1
13	13	An act for the relief of Scotty Bartek; providing an 2
14	14	appropriation to compensate Scotty Bartek for being 3
15	15	wrongfully incarcerated; providing a limitation on 4
16	16	compensation and the payment of attorney fees; 5
17	17	providing an effective date. 6
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19	19	WHEREAS, on September 9, 1991, Scotty Bartek was convicted 8
20	20	of two counts of sexual battery upon a child under 12 years of 9
21	21	age and was sentenced to two life sentences with a 2 5-year 10
22	22	mandatory minimum term of imprisonment on each count, and 11
23	23	WHEREAS, on October 5, 2009, Mr. Bartek filed a motion for 12
24	24	postconviction relief, claiming newly discovered evidence in the 13
25	25	form of the victim's recantation, and 14
26	26	WHEREAS, the victim informe d the state that she had no 15
27	27	recollection of Mr. Bartek, her father, committing sexual 16
28	28	battery and that her mother had coached her to fabricate 17
29	29	testimony against Mr. Bartek, and 18
30	30	WHEREAS, on May 15, 2012, the Circuit Court for the Fifth 19
31	31	Judicial Circuit, in and for Marion County, granted Mr. Bartek's 20
32	32	petition of postconviction relief in Case No. 1991 -CF-376, and 21
33	33	the State of Florida then appealed the circuit court's order, 22
34	34	and 23
35	35	WHEREAS, if a circuit court's order vacating a conviction 24
36	36	and sentence is appeale d by the State of Florida, the order 25 
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45	45	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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47	47	becomes final upon the issuance of a mandate by the appellate 26
48	48	court, and 27
49	49	WHEREAS, on November 26, 2013, the Fifth District Court of 28
50	50	Appeal per curiam affirmed the circuit court's order granting 29
51	51	Mr. Bartek's petition an d vacating the judgment and sentence in 30
52	52	Case No. 5D12-2399, and 31
53	53	WHEREAS, section 961.03(1)(b)1., Florida Statutes (2014), 32
54	54	requires a wrongfully convicted person to file a petition 33
55	55	seeking compensation within 90 days after the order vacating a 34
56	56	conviction and sentence becomes final, and 35
57	57	WHEREAS, on December 20, 2013, after more than 22 years of 36
58	58	wrongful incarceration, Mr. Bartek was exonerated and the 37
59	59	mandate was issued by the District Court of Appeal, giving him 38
60	60	until March 20, 2014, to timely file his pet ition seeking a 39
61	61	determination of eligibility for compensation, and 40
62	62	WHEREAS, Mr. Bartek's case was scheduled for a retrial in 41
63	63	March 2014, and 42
64	64	WHEREAS, on February 27, 2014, the state entered a nolle 43
65	65	prosequi, dismissing its charges against Mr. Bartek, and 44
66	66	indicated that it did not have sufficient evidence to establish 45
67	67	beyond a reasonable doubt that Mr. Bartek committed sexual 46
68	68	battery, and 47
69	69	WHEREAS, on May 20, 2014, within 90 days after the state's 48
70	70	filing of the nolle prosequi, Mr. Bartek filed a petition 49
71	71	seeking compensation for wrongful incarceration, and 50 
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80	80	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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82	82	WHEREAS, on September 8, 2014, counsel for Mr. Bartek filed 51
83	83	a supplemental memorandum of law alleging that Mr. Bartek is 52
84	84	"eligible for compensation" under chapter 961, Florida Statutes 53
85	85	(2014), and 54
86	86	WHEREAS, counsel for Mr. Bartek alleged that although Mr. 55
87	87	Bartek was disqualified from seeking compensation by s. 56
88	88	961.04(1), Florida Statutes (2014), the statute did not afford 57
89	89	him equal protection under the law, in violation of the United 58
90	90	States Constitution a nd the State Constitution, because the 59
91	91	statute unconstitutionally discriminated between persons 60
92	92	wrongfully incarcerated who had prior felony convictions and 61
93	93	those persons who did not have prior felony convictions, and 62
94	94	WHEREAS, Mr. Bartek was convicted bef ore his wrongful 63
95	95	sexual battery conviction and incarceration on one count of the 64
96	96	sale of cannabis, a nonviolent felony of the third degree, and 65
97	97	WHEREAS, the courts did not consider Mr. Bartek's equal 66
98	98	protection argument, but the Legislature narrowed the t ypes of 67
99	99	disqualifying felonies in its passage of chapter 2017 -120, Laws 68
100	100	of Florida, so that wrongfully incarcerated persons would be 69
101	101	disqualified if they committed a violent felony before their 70
102	102	wrongful conviction and incarceration and so that those person s 71
103	103	who committed a nonviolent felony would no longer be 72
104	104	disqualified, and 73
105	105	WHEREAS, Mr. Bartek's counsel argued that the Legislature 74
106	106	did not intend to require a defendant seeking compensation for 75 
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115	115	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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117	117	wrongful incarceration to file a petition while the state could 76
118	118	pursue charges against him or her, and 77
119	119	WHEREAS, on March 3, 2015, the circuit court dismissed Mr. 78
120	120	Bartek's petition seeking compensation because it was not timely 79
121	121	filed, and on August 12, 2016, the District Court of Appeal 80
122	122	affirmed the trial court's dismissal, and 81
123	123	WHEREAS, the Legislature has determined that it is 82
124	124	appropriate to compensate individuals who have been wrongly 83
125	125	incarcerated, and 84
126	126	WHEREAS, if Mr. Bartek had met the requirements of chapter 85
127	127	961, Florida Statutes (2014), he would have been e ntitled to 86
128	128	compensation at a rate of $50,000 for each year of wrongful 87
129	129	incarceration, prorated to account for a portion of a year 88
130	130	served; a waiver of tuition and fees for up to 120 hours of 89
131	131	instruction at a career center, community college, or state 90
132	132	university; a refund of the amount of any fine, penalty, or 91
133	133	court costs imposed which he paid; and a refund of the amount of 92
134	134	reasonable attorney fees and expenses which he incurred and 93
135	135	paid, and 94
136	136	WHEREAS, Mr. Bartek was wrongfully incarcerated for 22 95
137	137	years and 242 days, which amounts to $1,133,150.69, and 96
138	138	WHEREAS, the estimated cost of attendance for a full -time 97
139	139	undergraduate Florida resident to attend a state university for 98
140	140	4 years is approximately $24,000, and 99
141	141	WHEREAS, Mr. Bartek paid an estimated $500 in cou rt costs 100 
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150	150	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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152	152	and fines, and 101
153	153	WHEREAS, Mr. Bartek's defense attorney charged him $40,000 102
154	154	for legal services relating to the charges described in this 103
155	155	case, and 104
156	156	WHEREAS, these figures amount to an estimated total of 105
157	157	$1,197,650.69, which is the amount Mr. Bartek seeks under this 106
158	158	claim bill, NOW, THEREFORE, 107
159	159	108
160	160	Be It Enacted by the Legislature of the State of Florida: 109
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162	162	Section 1. The facts stated in the preamble to this act 111
163	163	are found and declared to be true. 112
164	164	Section 2. The sum of $1,197,650.69 is appropriat ed from 113
165	165	the General Revenue Fund to the Department of Legal Affairs for 114
166	166	the relief of Scotty Bartek for his wrongful incarceration. 115
167	167	Section 3. The Chief Financial Officer is directed to draw 116
168	168	a warrant in favor of Scotty Bartek in the sum of $1,197,650. 69 117
169	169	upon funds of the Department of Legal Affairs in the State 118
170	170	Treasury and to pay the same out of such funds in the State 119
171	171	Treasury. 120
172	172	Section 4. The amount awarded under this act is intended 121
173	173	to provide the sole compensation for all present and future 122
174	174	claims arising out of the wrongful incarceration of Scotty 123
175	175	Bartek as described in this act. The total amount paid for 124
176	176	attorney fees, including the $40,000 reimbursement for Mr. 125 
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185	185	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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187	187	Bartek's defense attorney fees, may not exceed 25 percent of the 126
188	188	amount awarded under this act. 127
189	189	Section 5. This act shall take effect upon becoming a law. 128