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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 relating to compensation for wrongfully 2
incarcerated persons; amending s. 961.02, F.S.; 3
deleting an obsolete definition; amending s. 961.03, 4
F.S.; revising requirements for when a petition 5
seeking compensation must be filed; providing that a 6
deceased person's heirs, successors, or assigns do not 7
have standing to file such a petition; amending s. 8
961.04, F.S.; revising compensation eligibility 9
requirements; amending s. 961.06, F.S.; revising 10
requirements for awarding compensation; amending s. 11
961.07, F.S.; revising requirements for continuing 12
appropriations; specifying that certain payments are 13
subject to specific appropriation; providing an 14
effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
18
Section 1. Subsection (6) of section 961.02, Florida 19
Statutes, is amended to read: 20
961.02 Definitions. —As used in ss. 961.01 -961.07, the 21
term: 22
(6) "Violent felony" means a felony listed in s. 23
775.084(1)(c)1. or s. 948.06(8)(c). 24
Section 2. Paragraph (b) of subsection (1) of section 25
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961.03, Florida Statutes, is amended, and paragraph (c) is added 26
to that subsection, to read: 27
961.03 Determination of status as a wrongfully 28
incarcerated person; determination of eligibility for 29
compensation.— 30
(1) 31
(b) The person must file the petition with the court: 32
1. Within 2 years 90 days after the order vacating a 33
conviction and sentence becomes final and the criminal charges 34
against the person are dismissed or the person is retried and 35
acquitted if the person's conviction and sentence is vacated on 36
or after July 1, 2023 2008. 37
2. By July 1, 2025 2010, if the person's conviction and 38
sentence was vacated and the criminal charges against the person 39
were dismissed or the person was retried and acquitted on or 40
after January 1, 2006, but before July 1, 2023, and he or she 41
previously filed a petition under this section that was 42
dismissed or he or she did not file a petition under this 43
section because: 44
a. The date on which the criminal charges against the 45
person were dismissed or the date on which the person was 46
acquitted upon retrial occurred more than 90 days after the date 47
of the final order vacating the conviction and sentence; or 48
b. The person was convicted of an unrelated felony before 49
or during his or her wrongful conviction and incarceration and 50
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was ineligible for compensation under s. 961.04 as it existed 51
before July 1, 2023. 52
(c) A deceased person's heirs, successors, or assigns do 53
not have standing to file a petition on the deceased person's 54
behalf under this section by an order that became final prior to 55
July 1, 2008. 56
Section 3. Section 961.04, Florida Statutes, is amended to 57
read: 58
961.04 Eligibility for compensation for wrongful 59
incarceration.—A wrongfully incarcerated person is not eligible 60
for compensation under the act for any period of incarceration 61
during which the person was concurrently serving a sentence for 62
a conviction of another felony for which such person was 63
lawfully incarcerated if: 64
(1) Before the person's wrongful conviction and 65
incarceration, the person was convicted of, or pled guilty or 66
nolo contendere to, regardless of adjudication, any violent 67
felony, or a crime committed in another jurisdiction the 68
elements of which would constitute a violent felony in this 69
state, or a crime committed against the United States which is 70
designated a violent felony, excluding any delinquency 71
disposition; 72
(2) Before the person' s wrongful conviction and 73
incarceration, the person was convicted of, or pled guilty or 74
nolo contendere to, regardless of adjudication, more than one 75
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felony that is not a violent felony, or more than one crime 76
committed in another jurisdiction, the element s of which would 77
constitute a felony in this state, or more than one crime 78
committed against the United States which is designated a 79
felony, excluding any delinquency disposition; 80
(3) During the person's wrongful incarceration, the person 81
was convicted of, or pled guilty or nolo contendere to, 82
regardless of adjudication, any violent felony; 83
(4) During the person's wrongful incarceration, the person 84
was convicted of, or pled guilty or nolo contendere to, 85
regardless of adjudication, more than one felony t hat is not a 86
violent felony; or 87
(5) During the person's wrongful incarceration, the person 88
was also serving a concurrent sentence for another felony for 89
which the person was not wrongfully convicted . 90
Section 4. Section 961.06, Florida Statutes, is am ended to 91
read: 92
961.06 Compensation for wrongful incarceration. — 93
(1) Except as otherwise provided in this act and subject 94
to the limitations and procedures prescribed in this section, a 95
person who is found to be entitled to compensation under the 96
provisions of this act is entitled to all of the following : 97
(a) Monetary compensation for wrongful incarceration, 98
which shall be calculated at a rate of $50,000 for each year of 99
wrongful incarceration, prorated as necessary to account for a 100
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portion of a year. For persons found to be wrongfully 101
incarcerated after December 31, 2005 2008, the Chief Financial 102
Officer may adjust the annual rate of compensation for inflation 103
using the change in the December -to-December "Consumer Price 104
Index for All Urban Consumers" o f the Bureau of Labor Statistics 105
of the Department of Labor .; 106
(b) A waiver of tuition and fees for up to 120 hours of 107
instruction at any career center established under s. 1001.44, 108
any Florida College System institution as defined in s. 109
1000.21(3), or any state university as defined in s. 1000.21(6) , 110
if the wrongfully incarcerated person meets and maintains the 111
regular admission requirements of such career center, Florida 112
College System institution, or state university; remains 113
registered at such educatio nal institution; and makes 114
satisfactory academic progress as defined by the educational 115
institution in which the claimant is enrolled .; 116
(c) The amount of any fine, penalty, or court costs 117
imposed and paid by the wrongfully incarcerated person .; 118
(d) The amount of any reasonable attorney attorney's fees 119
and expenses incurred and paid by the wrongfully incarcerated 120
person in connection with all criminal proceedings and appeals 121
regarding the wrongful conviction, to be calculated by the 122
department based upon the supporting documentation submitted as 123
specified in s. 961.05 .;and 124
(e) Notwithstanding any provision to the contrary in s. 125
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943.0583 or s. 943.0585, immediate administrative expunction of 126
the person's criminal record resulting from his or her wrongful 127
arrest, wrongful conviction, and wrongful incarceration. The 128
Department of Legal Affairs and the Department of Law 129
Enforcement shall, upon a determination that a claimant is 130
entitled to compensation, immediately take all action necessary 131
to administratively expunge the claimant's criminal record 132
arising from his or her wrongful arrest, wrongful conviction, 133
and wrongful incarceration. All fees for this process shall be 134
waived. 135
136
The total compensation awarded under paragraphs (a), (c), and 137
(d) may not exceed $2 million. No further award for attorney 138
attorney's fees, lobbying fees, costs, or other similar expenses 139
shall be made by the state. 140
(2) In calculating monetary compensation under paragraph 141
(1)(a), a wrongfully incarcerated person who is placed on par ole 142
or community supervision while serving the sentence resulting 143
from the wrongful conviction and who commits no more than one 144
felony that is not a violent felony which results in revocation 145
of the parole or community supervision is eligible for 146
compensation for the total number of years incarcerated. A 147
wrongfully incarcerated person who commits one violent felony or 148
more than one felony that is not a violent felony that results 149
in revocation of the parole or community supervision is 150
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ineligible for any com pensation under subsection (1). 151
(2)(3) Except as provided in subsection (4), within 15 152
calendar days after issuing notice to the claimant that his or 153
her claim satisfies all of the requirements under this act, the 154
department shall notify the Chief Financial Officer to draw a 155
warrant from the General Revenue Fund or another source 156
designated by the Legislature in law for the purchase of an 157
annuity for the claimant based on the total amount determined by 158
the department under this act. 159
(3)(4) The Chief Financial Officer shall issue payment in 160
the amount determined by the department to an insurance company 161
or other financial institution admitted and authorized to issue 162
annuity contracts in this state to purchase an annuity or 163
annuities, selected by the wrongfully incarcerated person, for a 164
term of not less than 10 years. The Chief Fin ancial Officer is 165
directed to execute all necessary agreements to implement this 166
act and to maximize the benefit to the wrongfully incarcerated 167
person. The terms of the annuity or annuities shall: 168
(a) Provide that the annuity or annuities may not be sold , 169
discounted, or used as security for a loan or mortgage by the 170
wrongfully incarcerated person. 171
(b) Contain beneficiary provisions for the continued 172
disbursement of the annuity or annuities in the event of the 173
death of the wrongfully incarcerated person. 174
(4)(a) The Chief Financial Officer may not draw a warrant 175
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to purchase an annuity for a claimant who is currently 176
incarcerated: 177
1. In a county, city, or federal jail or other 178
correctional facility or an institution operated by the 179
Department of Correct ions for a felony conviction other than a 180
crime for which the claimant was wrongfully convicted; or 181
2. Due to the revocation of parole or probation for a 182
felony conviction other than a crime for which the claimant was 183
wrongfully convicted. 184
(b) After a term of incarceration described in 185
subparagraph (a)1. or subparagraph (a)2. has concluded, the 186
Chief Financial Officer shall commence with the drawing of a 187
warrant as described in this section. 188
(5) Before the department approves the application for 189
compensation, the wrongfully incarcerated person must sign a 190
release and waiver on behalf of the wrongfully incarcerated 191
person and his or her heirs, successors, and assigns, forever 192
releasing the state or any agency, instrumentality, or any 193
political subdivision thereof, or any other entity subject to s. 194
768.28, from all present or future claims that the wrongfully 195
incarcerated person or his or her heirs, successors, or assigns 196
may have against such entities arising out of the facts in 197
connection with the wrong ful conviction for which compensation 198
is being sought under the act. 199
(6)(a) A wrongfully incarcerated person may not submit an 200
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application for compensation under this act if the person has a 201
lawsuit pending against the state or any agency, 202
instrumentality, or any political subdivision thereof, or any 203
other entity subject to the provisions of s. 768.28, in state or 204
federal court requesting compensation arising out of the facts 205
in connection with the claimant's conviction and incarceration. 206
(b) A wrongfully incarcerated person may not submit an 207
application for compensation under this act if the person is the 208
subject of a claim bill pending for claims arising out of the 209
facts in connection with the claimant's conviction and 210
incarceration. 211
(c) Once an application is filed under this act, a 212
wrongfully incarcerated person may not pursue recovery under a 213
claim bill until the final disposition of the application. 214
(d) Any amount awarded under this act is intended to 215
provide the sole compensation for any an d all present and future 216
claims arising out of the facts in connection with the 217
claimant's conviction and incarceration. Upon notification by 218
the department that an application meets the requirements of 219
this act, a wrongfully incarcerated person may not re cover under 220
a claim bill. 221
(e) Any compensation awarded under a claim bill shall be 222
the sole redress for claims arising out of the facts in 223
connection with the claimant's conviction and incarceration and, 224
upon any award of compensation to a wrongfully inc arcerated 225
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person under a claim bill, the person may not receive 226
compensation under this act. 227
(7) Any payment made under this act does not constitute a 228
waiver of any defense of sovereign immunity or an increase in 229
the limits of liability on behalf of the state or any person 230
subject to the provisions of s. 768.28 or any other law. 231
Section 5. Section 961.07, Florida Statutes, is amended to 232
read: 233
961.07 Continuing appropriation. — 234
(1) Beginning in the 2023-2024 2008-2009 fiscal year and 235
continuing each fiscal year thereafter, a sum sufficient to pay 236
the approved payments under s. 961.03(1)(b)1. this act is 237
appropriated from the General Revenue Fund to the Chief 238
Financial Officer, which sum is further appropriated for 239
expenditure pursuant to the provisions of this act. 240
(2) Payments for petitions filed pursuant to s. 241
961.03(1)(b)2. are subject to specific appropriation. 242
Section 6. This act shall take effect July 1, 2023. 243