Florida Senate - 2022 SB 526 By Senator Perry 8-00124A-22 2022526__ 1 A bill to be entitled 2 An act relating to compensation for eligible victims 3 of wrongful incarceration; amending s. 961.03, F.S.; 4 extending the filing deadline for a petition claiming 5 wrongful incarceration; providing limited 6 retroactivity for filing a petition claiming wrongful 7 incarceration; providing that a deceased persons 8 heirs, successors, or assigns do not have standing to 9 file a petition related to the wrongful incarceration 10 of the deceased person; amending s. 961.04, F.S.; 11 revising eligibility for compensation for wrongful 12 incarceration for a wrongfully incarcerated person; 13 amending s. 961.06, F.S.; authorizing the Chief 14 Financial Officer to adjust compensation for inflation 15 for persons found to be wrongfully incarcerated after 16 a specified date; revising conditions for eligibility 17 for compensation for wrongful incarceration; amending 18 s. 961.07, F.S.; specifying that payments for certain 19 petitions filed under the Victims of Wrongful 20 Incarceration Compensation Act are subject to specific 21 appropriation; reenacting ss. 961.02(4) and 22 961.03(1)(a), (2), (3), and (4), F.S., relating to 23 eligibility for compensation for wrongfully 24 incarcerated persons, to incorporate the amendment 25 made to s. 961.04, F.S., in references thereto; 26 reenacting ss. 961.02(5) and 961.05(6), F.S., relating 27 to receiving compensation, to incorporate the 28 amendment made to s. 961.06, F.S., in references 29 thereto; providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1.Paragraph (b) of subsection (1) of section 34 961.03, Florida Statutes, is amended, and paragraph (c) is added 35 to that subsection, to read: 36 961.03Determination of status as a wrongfully incarcerated 37 person; determination of eligibility for 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 and 41 sentence becomes final and the criminal charges against the 42 person are dismissed or the person is retried and acquitted, if 43 the persons conviction and sentence is vacated on or after July 44 1, 2022. 45 2.By July 1, 2024, if the persons conviction and sentence 46 was vacated and the criminal charges against the person were 47 dismissed or the person was retried and acquitted on or after 48 January 1, 2006, but before July 1, 2022, and he or she 49 previously filed a petition under this section which was 50 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 under former s. 961.04. 58 (c)A deceased persons heirs, successors, or assigns do 59 not have standing to file a petition on the deceased persons 60 behalf under this section 61 1.Within 90 days after the order vacating a conviction and 62 sentence becomes final if the persons conviction and sentence 63 is vacated on or after July 1, 2008. 64 2.By July 1, 2010, if the persons conviction and sentence 65 was vacated by an order that became final prior to July 1, 2008. 66 Section 2.Section 961.04, Florida Statutes, is amended to 67 read: 68 961.04Eligibility for compensation for wrongful 69 incarceration.A wrongfully incarcerated person is not eligible 70 for compensation under the act for any period of incarceration 71 during which the person was concurrently serving a sentence for 72 a conviction of another crime for which such person was lawfully 73 incarcerated if: 74 (1)Before the persons wrongful conviction and 75 incarceration, the person was convicted of, or pled guilty or 76 nolo contendere to, regardless of adjudication, any violent 77 felony, or a crime committed in another jurisdiction the 78 elements of which would constitute a violent felony in this 79 state, or a crime committed against the United States which is 80 designated a violent felony, excluding any delinquency 81 disposition; 82 (2)Before the persons wrongful conviction and 83 incarceration, the person was convicted of, or pled guilty or 84 nolo contendere to, regardless of adjudication, more than one 85 felony that is not a violent felony, or more than one crime 86 committed in another jurisdiction, the elements of which would 87 constitute a felony in this state, or more than one crime 88 committed against the United States which is designated a 89 felony, excluding any delinquency disposition; 90 (3)During the persons wrongful incarceration, the person 91 was convicted of, or pled guilty or nolo contendere to, 92 regardless of adjudication, any violent felony; 93 (4)During the persons wrongful incarceration, the person 94 was convicted of, or pled guilty or nolo contendere to, 95 regardless of adjudication, more than one felony that is not a 96 violent felony; or 97 (5)During the persons wrongful incarceration, the person 98 was also serving a concurrent sentence for another felony for 99 which the person was not wrongfully convicted. 100 Section 3.Subsections (1) and (2) of section 961.06, 101 Florida Statutes, are amended to read: 102 961.06Compensation for wrongful incarceration. 103 (1)Except as otherwise provided in this act and subject to 104 the limitations and procedures prescribed in this section, a 105 person who is found to be entitled to compensation under the 106 provisions of this act is entitled to: 107 (a)Monetary compensation for wrongful incarceration, which 108 shall be calculated at a rate of $50,000 for each year of 109 wrongful incarceration, prorated as necessary to account for a 110 portion of a year. For persons found to be wrongfully 111 incarcerated after December 31, 2005 2008, the Chief Financial 112 Officer may adjust the annual rate of compensation for inflation 113 using the change in the December-to-December Consumer Price 114 Index for All Urban Consumers of the Bureau of Labor Statistics 115 of the Department of Labor; 116 (b)A waiver of tuition and fees for up to 120 hours of 117 instruction at any career center established under s. 1001.44, 118 any Florida College System institution as defined in s. 119 1000.21(3), or any state university as defined in s. 1000.21(6), 120 if the wrongfully incarcerated person meets and maintains the 121 regular admission requirements of such career center, Florida 122 College System institution, or state university; remains 123 registered at such educational institution; and makes 124 satisfactory academic progress as defined by the educational 125 institution in which the claimant is enrolled; 126 (c)The amount of any fine, penalty, or court costs imposed 127 and paid by the wrongfully incarcerated person; 128 (d)The amount of any reasonable attorney attorneys fees 129 and expenses incurred and paid by the wrongfully incarcerated 130 person in connection with all criminal proceedings and appeals 131 regarding the wrongful conviction, to be calculated by the 132 department based upon the supporting documentation submitted as 133 specified in s. 961.05; and 134 (e)Notwithstanding any provision to the contrary in s. 135 943.0583 or s. 943.0585, immediate administrative expunction of 136 the persons criminal record resulting from his or her wrongful 137 arrest, wrongful conviction, and wrongful incarceration. The 138 Department of Legal Affairs and the Department of Law 139 Enforcement shall, upon a determination that a claimant is 140 entitled to compensation, immediately take all action necessary 141 to administratively expunge the claimants criminal record 142 arising from his or her wrongful arrest, wrongful conviction, 143 and wrongful incarceration. All fees for this process shall be 144 waived. 145 146 The total compensation awarded under paragraphs (a), (c), and 147 (d) may not exceed $2 million. No further award for attorney 148 attorneys fees, lobbying fees, costs, or other similar expenses 149 shall be made by the state. 150 (2)In calculating monetary compensation under paragraph 151 (1)(a), a wrongfully incarcerated person who is placed on parole 152 or community supervision while serving the sentence resulting 153 from the wrongful conviction and who commits no more than one 154 felony that is not a violent felony which results in revocation 155 of the parole or community supervision is eligible for 156 compensation for the total number of years incarcerated. A 157 wrongfully incarcerated person who commits one violent felony or 158 more than one felony that is not a violent felony that results 159 in revocation of the parole or community supervision is 160 ineligible for any compensation under subsection (1). 161 Section 4.Section 961.07, Florida Statutes, is amended to 162 read: 163 961.07Continuing appropriation. 164 (1)Beginning in the 2022-2023 2008-2009 fiscal year and 165 continuing each fiscal year thereafter, a sum sufficient to pay 166 the approved payments under s. 961.03(1)(b)1. this act is 167 appropriated from the General Revenue Fund to the Chief 168 Financial Officer, which sum is further appropriated for 169 expenditure pursuant to the provisions of this act. 170 (2)Payments for petitions filed pursuant to s. 171 961.03(1)(b)2. are subject to specific appropriation. 172 Section 5.For the purpose of incorporating the amendment 173 made by this act to section 961.04, Florida Statutes, in a 174 reference thereto, subsection (4) of section 961.02, Florida 175 Statutes, is reenacted to read: 176 961.02Definitions.As used in ss. 961.01-961.07, the term: 177 (4)Eligible for compensation means that a person meets 178 the definition of the term wrongfully incarcerated person and 179 is not disqualified from seeking compensation under the criteria 180 prescribed in s. 961.04. 181 Section 6.For the purpose of incorporating the amendment 182 made by this act to section 961.04, Florida Statutes, in 183 references thereto, paragraph (a) of subsection (1) and 184 subsections (2), (3), and (4) of section 961.03, Florida 185 Statutes, are reenacted to read: 186 961.03Determination of status as a wrongfully incarcerated 187 person; determination of eligibility for compensation. 188 (1)(a)In order to meet the definition of a wrongfully 189 incarcerated person and eligible for compensation, upon entry 190 of an order, based upon exonerating evidence, vacating a 191 conviction and sentence, a person must set forth the claim of 192 wrongful incarceration under oath and with particularity by 193 filing a petition with the original sentencing court, with a 194 copy of the petition and proper notice to the prosecuting 195 authority in the underlying felony for which the person was 196 incarcerated. At a minimum, the petition must: 197 1.State that verifiable and substantial evidence of actual 198 innocence exists and state with particularity the nature and 199 significance of the verifiable and substantial evidence of 200 actual innocence; and 201 2.State that the person is not disqualified, under the 202 provisions of s. 961.04, from seeking compensation under this 203 act. 204 (2)The prosecuting authority must respond to the petition 205 within 30 days. The prosecuting authority may respond: 206 (a)By certifying to the court that, based upon the 207 petition and verifiable and substantial evidence of actual 208 innocence, no further criminal proceedings in the case at bar 209 can or will be initiated by the prosecuting authority, that no 210 questions of fact remain as to the petitioners wrongful 211 incarceration, and that the petitioner is not ineligible from 212 seeking compensation under the provisions of s. 961.04; or 213 (b)By contesting the nature, significance, or effect of 214 the evidence of actual innocence, the facts related to the 215 petitioners alleged wrongful incarceration, or whether the 216 petitioner is ineligible from seeking compensation under the 217 provisions of s. 961.04. 218 (3)If the prosecuting authority responds as set forth in 219 paragraph (2)(a), the original sentencing court, based upon the 220 evidence of actual innocence, the prosecuting authoritys 221 certification, and upon the courts finding that the petitioner 222 has presented clear and convincing evidence that the petitioner 223 committed neither the act nor the offense that served as the 224 basis for the conviction and incarceration, and that the 225 petitioner did not aid, abet, or act as an accomplice to a 226 person who committed the act or offense, shall certify to the 227 department that the petitioner is a wrongfully incarcerated 228 person as defined by this act. Based upon the prosecuting 229 authoritys certification, the court shall also certify to the 230 department that the petitioner is eligible for compensation 231 under the provisions of s. 961.04. 232 (4)(a)If the prosecuting authority responds as set forth 233 in paragraph (2)(b), the original sentencing court shall make a 234 determination from the pleadings and supporting documentation 235 whether, by a preponderance of the evidence, the petitioner is 236 ineligible for compensation under the provisions of s. 961.04, 237 regardless of his or her claim of wrongful incarceration. If the 238 court finds the petitioner ineligible under the provisions of s. 239 961.04, it shall dismiss the petition. 240 (b)If the prosecuting authority responds as set forth in 241 paragraph (2)(b), and the court determines that the petitioner 242 is eligible under the provisions of s. 961.04, but the 243 prosecuting authority contests the nature, significance or 244 effect of the evidence of actual innocence, or the facts related 245 to the petitioners alleged wrongful incarceration, the court 246 shall set forth its findings and transfer the petition by 247 electronic means through the divisions website to the division 248 for findings of fact and a recommended determination of whether 249 the petitioner has established that he or she is a wrongfully 250 incarcerated person who is eligible for compensation under this 251 act. 252 Section 7.For the purpose of incorporating the amendment 253 made by this act to section 961.06, Florida Statutes, in a 254 reference thereto, subsection (5) of section 961.02, Florida 255 Statutes, is reenacted to read: 256 961.02Definitions.As used in ss. 961.01-961.07, the term: 257 (5)Entitled to compensation means that a person meets 258 the definition of the term eligible for compensation and 259 satisfies the application requirements prescribed in s. 961.05, 260 and may receive compensation pursuant to s. 961.06. 261 Section 8.For the purpose of incorporating the amendment 262 made by this act to section 961.06, Florida Statutes, in a 263 reference thereto, subsection (6) of section 961.05, Florida 264 Statutes, is reenacted to read: 265 961.05Application for compensation for wrongful 266 incarceration; administrative expunction; determination of 267 entitlement to compensation. 268 (6)If the department determines that a claimant meets the 269 requirements of this act, the wrongfully incarcerated person who 270 is the subject of the claim becomes entitled to compensation, 271 subject to the provisions in s. 961.06. 272 Section 9.This act shall take effect July 1, 2022.