| 19 | | - | seeking compensation must be filed; requiring the 6 |
|---|
| 20 | | - | prosecuting authority to petition the Governor to 7 |
|---|
| 21 | | - | appoint a substitute prosecuting authority under 8 |
|---|
| 22 | | - | certain circumstances; providing that a deceased 9 |
|---|
| 23 | | - | person's heirs, successors, or assigns do not have 10 |
|---|
| 24 | | - | standing to file such a petition; amending s. 961.04, 11 |
|---|
| 25 | | - | F.S.; revising compensation eligibility requirements; 12 |
|---|
| 26 | | - | amending s. 961.06, F.S.; revising requirements for 13 |
|---|
| 27 | | - | awarding compensation; amending s. 961.07, F.S.; 14 |
|---|
| 28 | | - | revising requirements for continuing appropriations; 15 |
|---|
| 29 | | - | providing an effective date. 16 |
|---|
| 30 | | - | 17 |
|---|
| 31 | | - | Be It Enacted by the Legislature of the State of Florida: 18 |
|---|
| 32 | | - | 19 |
|---|
| 33 | | - | Section 1. Subsection (6) of section 961.02, Florida 20 |
|---|
| 34 | | - | Statutes, is amended to read: 21 |
|---|
| 35 | | - | 961.02 Definitions. —As used in ss. 961.01-961.07, the 22 |
|---|
| 36 | | - | term: 23 |
|---|
| 37 | | - | (6) "Violent felony" means a felony listed in s. 24 |
|---|
| 38 | | - | 775.084(1)(c)1. or s. 948.06(8)(c). 25 |
|---|
| 19 | + | seeking compensation must be filed; providing that a 6 |
|---|
| 20 | + | deceased person's heirs, successors, or assigns do not 7 |
|---|
| 21 | + | have standing to file such a petition; amending s. 8 |
|---|
| 22 | + | 961.04, F.S.; revising compensation eligibility 9 |
|---|
| 23 | + | requirements; amending s. 961.06, F.S.; revising 10 |
|---|
| 24 | + | requirements for awarding compensation; amending s. 11 |
|---|
| 25 | + | 961.07, F.S.; revising requirements for continuing 12 |
|---|
| 26 | + | appropriations; specifying that certain payments are 13 |
|---|
| 27 | + | subject to specific appropriation; providing an 14 |
|---|
| 28 | + | effective date. 15 |
|---|
| 29 | + | 16 |
|---|
| 30 | + | Be It Enacted by the Legislature of the State of Florida: 17 |
|---|
| 31 | + | 18 |
|---|
| 32 | + | Section 1. Subsection (6) of section 961.02, Florida 19 |
|---|
| 33 | + | Statutes, is amended to read: 20 |
|---|
| 34 | + | 961.02 Definitions. —As used in ss. 961.01 -961.07, the 21 |
|---|
| 35 | + | term: 22 |
|---|
| 36 | + | (6) "Violent felony" means a felony listed in s. 23 |
|---|
| 37 | + | 775.084(1)(c)1. or s. 948.06(8)(c). 24 |
|---|
| 38 | + | Section 2. Paragraph (b) of subsection (1) of section 25 |
|---|
| 51 | | - | Section 2. Paragraph (b) of subsection (1) and subsection 26 |
|---|
| 52 | | - | (2) of section 961.03, Florida Statutes, are amended, and 27 |
|---|
| 53 | | - | paragraph (c) is added to subsection (1) of that section, to 28 |
|---|
| 54 | | - | read: 29 |
|---|
| 55 | | - | 961.03 Determination of status as a wrongfully 30 |
|---|
| 56 | | - | incarcerated person; determination of eligibility for 31 |
|---|
| 57 | | - | compensation.— 32 |
|---|
| 58 | | - | (1) 33 |
|---|
| 59 | | - | (b) The person must file the petition with the court: 34 |
|---|
| 60 | | - | 1. Within 2 years 90 days after the order vacating a 35 |
|---|
| 61 | | - | conviction and sentence becomes final and the criminal charges 36 |
|---|
| 62 | | - | against the person are dismissed or the person is retried and 37 |
|---|
| 63 | | - | acquitted if the person's conviction and sentence is vacated on 38 |
|---|
| 64 | | - | or after July 1, 2023 2008. 39 |
|---|
| 65 | | - | 2. By July 1, 2025 2010, if the person's conviction and 40 |
|---|
| 66 | | - | sentence was vacated and the criminal charges against the person 41 |
|---|
| 67 | | - | were dismissed or the person was retried and acquitted on or 42 |
|---|
| 68 | | - | after January 1, 2006, but before July 1, 2023, and he or she 43 |
|---|
| 69 | | - | previously filed a petitio n under this section that was 44 |
|---|
| 70 | | - | dismissed or he or she did not file a petition under this 45 |
|---|
| 71 | | - | section because: 46 |
|---|
| 72 | | - | a. The date on which the criminal charges against the 47 |
|---|
| 73 | | - | person were dismissed or the date on which the person was 48 |
|---|
| 74 | | - | acquitted upon retrial occurred more than 90 days after the date 49 |
|---|
| 75 | | - | of the final order vacating the conviction and sentence; or 50 |
|---|
| 51 | + | 961.03, Florida Statutes, is amended, and paragraph (c) is added 26 |
|---|
| 52 | + | to that subsection, to read: 27 |
|---|
| 53 | + | 961.03 Determination of status as a wrongfully 28 |
|---|
| 54 | + | incarcerated person; determination of eligibility for 29 |
|---|
| 55 | + | compensation.— 30 |
|---|
| 56 | + | (1) 31 |
|---|
| 57 | + | (b) The person must file the petition with the court: 32 |
|---|
| 58 | + | 1. Within 2 years 90 days after the order vacating a 33 |
|---|
| 59 | + | conviction and sentence becomes final and the criminal charges 34 |
|---|
| 60 | + | against the person are dismissed or the person is retried and 35 |
|---|
| 61 | + | acquitted if the person's conviction and sentence is vacated on 36 |
|---|
| 62 | + | or after July 1, 2023 2008. 37 |
|---|
| 63 | + | 2. By July 1, 2025 2010, if the person's conviction and 38 |
|---|
| 64 | + | sentence was vacated and the criminal charges against the person 39 |
|---|
| 65 | + | were dismissed or the person was retried and acquitted on or 40 |
|---|
| 66 | + | after January 1, 2006, but before July 1, 2023, and he or she 41 |
|---|
| 67 | + | previously filed a petition under this section that was 42 |
|---|
| 68 | + | dismissed or he or she did not file a petition under this 43 |
|---|
| 69 | + | section because: 44 |
|---|
| 70 | + | a. The date on which the criminal charges against the 45 |
|---|
| 71 | + | person were dismissed or the date on which the person was 46 |
|---|
| 72 | + | acquitted upon retrial occurred more than 90 days after the date 47 |
|---|
| 73 | + | of the final order vacating the conviction and sentence; or 48 |
|---|
| 74 | + | b. The person was convicted of an unrelated felony before 49 |
|---|
| 75 | + | or during his or her wrongful conviction and incarceration and 50 |
|---|
| 88 | | - | b. The person was convicted of an unrelated felony before 51 |
|---|
| 89 | | - | or during his or her wrongful conviction and incarceration and 52 |
|---|
| 90 | | - | was ineligible for compensation under s. 961. 04 as it existed 53 |
|---|
| 91 | | - | before July 1, 2023. 54 |
|---|
| 92 | | - | (c) A deceased person's heirs, successors, or assigns do 55 |
|---|
| 93 | | - | not have standing to file a petition on the deceased person's 56 |
|---|
| 94 | | - | behalf under this section by an order that became final prior to 57 |
|---|
| 95 | | - | July 1, 2008. 58 |
|---|
| 96 | | - | (2) The prosecuting authority must respond to the petition 59 |
|---|
| 97 | | - | within 30 days. If the prosecuting authority moved to vacate the 60 |
|---|
| 98 | | - | person's conviction and sentence in the original sentencing 61 |
|---|
| 99 | | - | court, or otherwise did not object to the original sentencing 62 |
|---|
| 100 | | - | court vacating the person' s conviction and sentence, the 63 |
|---|
| 101 | | - | prosecuting authority must petition the Governor within 15 days 64 |
|---|
| 102 | | - | after the filing of a petition under subsection (1) to appoint a 65 |
|---|
| 103 | | - | prosecuting authority from another judicial circuit to be 66 |
|---|
| 104 | | - | substituted as the prosecuting authori ty for the purposes of 67 |
|---|
| 105 | | - | complying with the requirements of this section. Within 10 days 68 |
|---|
| 106 | | - | after the filing of a petition under this subsection, the 69 |
|---|
| 107 | | - | Governor must appoint a substitute prosecuting authority who is 70 |
|---|
| 108 | | - | responsible for complying with the requirements of this section. 71 |
|---|
| 109 | | - | If a petition is filed under this subsection, the time period in 72 |
|---|
| 110 | | - | which the prosecuting authority must respond to a petition filed 73 |
|---|
| 111 | | - | under subsection (1) is tolled until the date the Governor 74 |
|---|
| 112 | | - | appoints a substitute prosecuting authority. The prosecuting 75 |
|---|
| 88 | + | was ineligible for compensation under s. 961.04 as it existed 51 |
|---|
| 89 | + | before July 1, 2023. 52 |
|---|
| 90 | + | (c) A deceased person's heirs, successors, or assigns do 53 |
|---|
| 91 | + | not have standing to file a petition on the deceased person's 54 |
|---|
| 92 | + | behalf under this section by an order that became final prior to 55 |
|---|
| 93 | + | July 1, 2008. 56 |
|---|
| 94 | + | Section 3. Section 961.04, Florida Statutes, is amended to 57 |
|---|
| 95 | + | read: 58 |
|---|
| 96 | + | 961.04 Eligibility for compensation for wrongful 59 |
|---|
| 97 | + | incarceration.—A wrongfully incarcerated person is not eligible 60 |
|---|
| 98 | + | for compensation under the act for any period of incarceration 61 |
|---|
| 99 | + | during which the person was concurrently serving a sentence for 62 |
|---|
| 100 | + | a conviction of another felony for which such person was 63 |
|---|
| 101 | + | lawfully incarcerated if: 64 |
|---|
| 102 | + | (1) Before the person's wrongful conviction and 65 |
|---|
| 103 | + | incarceration, the person was convicted of, or pled guilty or 66 |
|---|
| 104 | + | nolo contendere to, regardless of adjudication, any violent 67 |
|---|
| 105 | + | felony, or a crime committed in another jurisdiction the 68 |
|---|
| 106 | + | elements of which would constitute a violent felony in this 69 |
|---|
| 107 | + | state, or a crime committed against the United States which is 70 |
|---|
| 108 | + | designated a violent felony, excluding any delinquency 71 |
|---|
| 109 | + | disposition; 72 |
|---|
| 110 | + | (2) Before the person' s wrongful conviction and 73 |
|---|
| 111 | + | incarceration, the person was convicted of, or pled guilty or 74 |
|---|
| 112 | + | nolo contendere to, regardless of adjudication, more than one 75 |
|---|
| 125 | | - | authority may respond: 76 |
|---|
| 126 | | - | (a) By certifying to the court that, based upon the 77 |
|---|
| 127 | | - | petition and verifiable and substantial evidence of actual 78 |
|---|
| 128 | | - | innocence, no further criminal proceedings in the case at bar 79 |
|---|
| 129 | | - | can or will be initiated by the prosecuting authority, that no 80 |
|---|
| 130 | | - | questions of fact remain as to the petitioner's wrongful 81 |
|---|
| 131 | | - | incarceration, and that the petitioner is not ineligible from 82 |
|---|
| 132 | | - | seeking compensation under the provisions of s. 961.04; or 83 |
|---|
| 133 | | - | (b) By contesting the nature, significance, or effect of 84 |
|---|
| 134 | | - | the evidence of actual innocence, the facts related to the 85 |
|---|
| 135 | | - | petitioner's alleged wrongful incarceration, or whether the 86 |
|---|
| 136 | | - | petitioner is ineligible from seeking compensation under the 87 |
|---|
| 137 | | - | provisions of s. 961.04. 88 |
|---|
| 138 | | - | Section 3. Section 961.04, Florida Statutes, is amended to 89 |
|---|
| 139 | | - | read: 90 |
|---|
| 140 | | - | 961.04 Eligibility for compensation for wrongful 91 |
|---|
| 141 | | - | incarceration.—A wrongfully incarcerated person is not eligible 92 |
|---|
| 142 | | - | for compensation under the act for any period of incarceration 93 |
|---|
| 143 | | - | during which the person was concurrently serving a sentence for 94 |
|---|
| 144 | | - | a conviction of another felony for which such person was 95 |
|---|
| 145 | | - | lawfully incarcerated if: 96 |
|---|
| 146 | | - | (1) Before the person's wrongful conviction and 97 |
|---|
| 147 | | - | incarceration, the person was convicted of, or pled guilty or 98 |
|---|
| 148 | | - | nolo contendere to, regardless of adjudication, any violent 99 |
|---|
| 149 | | - | felony, or a crime committed in ano ther jurisdiction the 100 |
|---|
| 125 | + | felony that is not a violent felony, or more than one crime 76 |
|---|
| 126 | + | committed in another jurisdiction, the element s of which would 77 |
|---|
| 127 | + | constitute a felony in this state, or more than one crime 78 |
|---|
| 128 | + | committed against the United States which is designated a 79 |
|---|
| 129 | + | felony, excluding any delinquency disposition; 80 |
|---|
| 130 | + | (3) During the person's wrongful incarceration, the person 81 |
|---|
| 131 | + | was convicted of, or pled guilty or nolo contendere to, 82 |
|---|
| 132 | + | regardless of adjudication, any violent felony; 83 |
|---|
| 133 | + | (4) During the person's wrongful incarceration, the person 84 |
|---|
| 134 | + | was convicted of, or pled guilty or nolo contendere to, 85 |
|---|
| 135 | + | regardless of adjudication, more than one felony t hat is not a 86 |
|---|
| 136 | + | violent felony; or 87 |
|---|
| 137 | + | (5) During the person's wrongful incarceration, the person 88 |
|---|
| 138 | + | was also serving a concurrent sentence for another felony for 89 |
|---|
| 139 | + | which the person was not wrongfully convicted . 90 |
|---|
| 140 | + | Section 4. Section 961.06, Florida Statutes, is am ended to 91 |
|---|
| 141 | + | read: 92 |
|---|
| 142 | + | 961.06 Compensation for wrongful incarceration. — 93 |
|---|
| 143 | + | (1) Except as otherwise provided in this act and subject 94 |
|---|
| 144 | + | to the limitations and procedures prescribed in this section, a 95 |
|---|
| 145 | + | person who is found to be entitled to compensation under the 96 |
|---|
| 146 | + | provisions of this act is entitled to all of the following : 97 |
|---|
| 147 | + | (a) Monetary compensation for wrongful incarceration, 98 |
|---|
| 148 | + | which shall be calculated at a rate of $50,000 for each year of 99 |
|---|
| 149 | + | wrongful incarceration, prorated as necessary to account for a 100 |
|---|
| 162 | | - | elements of which would constitute a violent felony in this 101 |
|---|
| 163 | | - | state, or a crime committed against the United States which is 102 |
|---|
| 164 | | - | designated a violent felony, excluding any delinquency 103 |
|---|
| 165 | | - | disposition; 104 |
|---|
| 166 | | - | (2) Before the person's wrongful convicti on and 105 |
|---|
| 167 | | - | incarceration, the person was convicted of, or pled guilty or 106 |
|---|
| 168 | | - | nolo contendere to, regardless of adjudication, more than one 107 |
|---|
| 169 | | - | felony that is not a violent felony, or more than one crime 108 |
|---|
| 170 | | - | committed in another jurisdiction, the elements of which would 109 |
|---|
| 171 | | - | constitute a felony in this state, or more than one crime 110 |
|---|
| 172 | | - | committed against the United States which is designated a 111 |
|---|
| 173 | | - | felony, excluding any delinquency disposition; 112 |
|---|
| 174 | | - | (3) During the person's wrongful incarceration, the person 113 |
|---|
| 175 | | - | was convicted of, or pled guilty o r nolo contendere to, 114 |
|---|
| 176 | | - | regardless of adjudication, any violent felony; 115 |
|---|
| 177 | | - | (4) During the person's wrongful incarceration, the person 116 |
|---|
| 178 | | - | was convicted of, or pled guilty or nolo contendere to, 117 |
|---|
| 179 | | - | regardless of adjudication, more than one felony that is not a 118 |
|---|
| 180 | | - | violent felony; or 119 |
|---|
| 181 | | - | (5) During the person's wrongful incarceration, the person 120 |
|---|
| 182 | | - | was also serving a concurrent sentence for another felony for 121 |
|---|
| 183 | | - | which the person was not wrongfully convicted . 122 |
|---|
| 184 | | - | Section 4. Section 961.06, Florida Statutes, is amended to 123 |
|---|
| 185 | | - | read: 124 |
|---|
| 186 | | - | 961.06 Compensation for wrongful incarceration. — 125 |
|---|
| 162 | + | portion of a year. For persons found to be wrongfully 101 |
|---|
| 163 | + | incarcerated after December 31, 2005 2008, the Chief Financial 102 |
|---|
| 164 | + | Officer may adjust the annual rate of compensation for inflation 103 |
|---|
| 165 | + | using the change in the December -to-December "Consumer Price 104 |
|---|
| 166 | + | Index for All Urban Consumers" o f the Bureau of Labor Statistics 105 |
|---|
| 167 | + | of the Department of Labor .; 106 |
|---|
| 168 | + | (b) A waiver of tuition and fees for up to 120 hours of 107 |
|---|
| 169 | + | instruction at any career center established under s. 1001.44, 108 |
|---|
| 170 | + | any Florida College System institution as defined in s. 109 |
|---|
| 171 | + | 1000.21(3), or any state university as defined in s. 1000.21(6) , 110 |
|---|
| 172 | + | if the wrongfully incarcerated person meets and maintains the 111 |
|---|
| 173 | + | regular admission requirements of such career center, Florida 112 |
|---|
| 174 | + | College System institution, or state university; remains 113 |
|---|
| 175 | + | registered at such educatio nal institution; and makes 114 |
|---|
| 176 | + | satisfactory academic progress as defined by the educational 115 |
|---|
| 177 | + | institution in which the claimant is enrolled .; 116 |
|---|
| 178 | + | (c) The amount of any fine, penalty, or court costs 117 |
|---|
| 179 | + | imposed and paid by the wrongfully incarcerated person .; 118 |
|---|
| 180 | + | (d) The amount of any reasonable attorney attorney's fees 119 |
|---|
| 181 | + | and expenses incurred and paid by the wrongfully incarcerated 120 |
|---|
| 182 | + | person in connection with all criminal proceedings and appeals 121 |
|---|
| 183 | + | regarding the wrongful conviction, to be calculated by the 122 |
|---|
| 184 | + | department based upon the supporting documentation submitted as 123 |
|---|
| 185 | + | specified in s. 961.05 .;and 124 |
|---|
| 186 | + | (e) Notwithstanding any provision to the contrary in s. 125 |
|---|
| 199 | | - | (1) Except as otherwise provided in this act and subject 126 |
|---|
| 200 | | - | to the limitations and procedures prescribed in this section, a 127 |
|---|
| 201 | | - | person who is found to be entitled to compensation under the 128 |
|---|
| 202 | | - | provisions of this act is entitled to all of the following : 129 |
|---|
| 203 | | - | (a) Monetary compensation for wrongful incarceration, 130 |
|---|
| 204 | | - | which shall be calculated at a rate of $50,000 for each year of 131 |
|---|
| 205 | | - | wrongful incarceration, prorated as necessary to account for a 132 |
|---|
| 206 | | - | portion of a year. For persons found t o be wrongfully 133 |
|---|
| 207 | | - | incarcerated after December 31, 2005 2008, the Chief Financial 134 |
|---|
| 208 | | - | Officer may adjust the annual rate of compensation for inflation 135 |
|---|
| 209 | | - | using the change in the December -to-December "Consumer Price 136 |
|---|
| 210 | | - | Index for All Urban Consumers" of the Bureau of Lab or Statistics 137 |
|---|
| 211 | | - | of the Department of Labor .; 138 |
|---|
| 212 | | - | (b) A waiver of tuition and fees for up to 120 hours of 139 |
|---|
| 213 | | - | instruction at any career center established under s. 1001.44, 140 |
|---|
| 214 | | - | any Florida College System institution as defined in s. 141 |
|---|
| 215 | | - | 1000.21(3), or any state university as defined in s. 1000.21(6) , 142 |
|---|
| 216 | | - | if the wrongfully incarcerated person meets and maintains the 143 |
|---|
| 217 | | - | regular admission requirements of such career center, Florida 144 |
|---|
| 218 | | - | College System institution, or state university; remains 145 |
|---|
| 219 | | - | registered at such educational institution; an d makes 146 |
|---|
| 220 | | - | satisfactory academic progress as defined by the educational 147 |
|---|
| 221 | | - | institution in which the claimant is enrolled .; 148 |
|---|
| 222 | | - | (c) The amount of any fine, penalty, or court costs 149 |
|---|
| 223 | | - | imposed and paid by the wrongfully incarcerated person .; 150 |
|---|
| 199 | + | 943.0583 or s. 943.0585, immediate administrative expunction of 126 |
|---|
| 200 | + | the person's criminal record resulting from his or her wrongful 127 |
|---|
| 201 | + | arrest, wrongful conviction, and wrongful incarceration. The 128 |
|---|
| 202 | + | Department of Legal Affairs and the Department of Law 129 |
|---|
| 203 | + | Enforcement shall, upon a determination that a claimant is 130 |
|---|
| 204 | + | entitled to compensation, immediately take all action necessary 131 |
|---|
| 205 | + | to administratively expunge the claimant's criminal record 132 |
|---|
| 206 | + | arising from his or her wrongful arrest, wrongful conviction, 133 |
|---|
| 207 | + | and wrongful incarceration. All fees for this process shall be 134 |
|---|
| 208 | + | waived. 135 |
|---|
| 209 | + | 136 |
|---|
| 210 | + | The total compensation awarded under paragraphs (a), (c), and 137 |
|---|
| 211 | + | (d) may not exceed $2 million. No further award for attorney 138 |
|---|
| 212 | + | attorney's fees, lobbying fees, costs, or other similar expenses 139 |
|---|
| 213 | + | shall be made by the state. 140 |
|---|
| 214 | + | (2) In calculating monetary compensation under paragraph 141 |
|---|
| 215 | + | (1)(a), a wrongfully incarcerated person who is placed on par ole 142 |
|---|
| 216 | + | or community supervision while serving the sentence resulting 143 |
|---|
| 217 | + | from the wrongful conviction and who commits no more than one 144 |
|---|
| 218 | + | felony that is not a violent felony which results in revocation 145 |
|---|
| 219 | + | of the parole or community supervision is eligible for 146 |
|---|
| 220 | + | compensation for the total number of years incarcerated. A 147 |
|---|
| 221 | + | wrongfully incarcerated person who commits one violent felony or 148 |
|---|
| 222 | + | more than one felony that is not a violent felony that results 149 |
|---|
| 223 | + | in revocation of the parole or community supervision is 150 |
|---|
| 236 | | - | (d) The amount of any reas onable attorney attorney's fees 151 |
|---|
| 237 | | - | and expenses incurred and paid by the wrongfully incarcerated 152 |
|---|
| 238 | | - | person in connection with all criminal proceedings and appeals 153 |
|---|
| 239 | | - | regarding the wrongful conviction, to be calculated by the 154 |
|---|
| 240 | | - | department based upon the supporting doc umentation submitted as 155 |
|---|
| 241 | | - | specified in s. 961.05 .;and 156 |
|---|
| 242 | | - | (e) Notwithstanding any provision to the contrary in s. 157 |
|---|
| 243 | | - | 943.0583 or s. 943.0585, immediate administrative expunction of 158 |
|---|
| 244 | | - | the person's criminal record resulting from his or her wrongful 159 |
|---|
| 245 | | - | arrest, wrongful conviction, and wrongful incarceration. The 160 |
|---|
| 246 | | - | Department of Legal Affairs and the Department of Law 161 |
|---|
| 247 | | - | Enforcement shall, upon a determination that a claimant is 162 |
|---|
| 248 | | - | entitled to compensation, immediately take all action necessary 163 |
|---|
| 249 | | - | to administratively expunge the clai mant's criminal record 164 |
|---|
| 250 | | - | arising from his or her wrongful arrest, wrongful conviction, 165 |
|---|
| 251 | | - | and wrongful incarceration. All fees for this process shall be 166 |
|---|
| 252 | | - | waived. 167 |
|---|
| 253 | | - | 168 |
|---|
| 254 | | - | The total compensation awarded under paragraphs (a), (c), and 169 |
|---|
| 255 | | - | (d) may not exceed $2 million. No fur ther award for attorney 170 |
|---|
| 256 | | - | attorney's fees, lobbying fees, costs, or other similar expenses 171 |
|---|
| 257 | | - | shall be made by the state. 172 |
|---|
| 258 | | - | (2) In calculating monetary compensation under paragraph 173 |
|---|
| 259 | | - | (1)(a), a wrongfully incarcerated person who is placed on parole 174 |
|---|
| 260 | | - | or community supervision while serving the sentence resulting 175 |
|---|
| 236 | + | ineligible for any com pensation under subsection (1). 151 |
|---|
| 237 | + | (2)(3) Except as provided in subsection (4), within 15 152 |
|---|
| 238 | + | calendar days after issuing notice to the claimant that his or 153 |
|---|
| 239 | + | her claim satisfies all of the requirements under this act, the 154 |
|---|
| 240 | + | department shall notify the Chief Financial Officer to draw a 155 |
|---|
| 241 | + | warrant from the General Revenue Fund or another source 156 |
|---|
| 242 | + | designated by the Legislature in law for the purchase of an 157 |
|---|
| 243 | + | annuity for the claimant based on the total amount determined by 158 |
|---|
| 244 | + | the department under this act. 159 |
|---|
| 245 | + | (3)(4) The Chief Financial Officer shall issue payment in 160 |
|---|
| 246 | + | the amount determined by the department to an insurance company 161 |
|---|
| 247 | + | or other financial institution admitted and authorized to issue 162 |
|---|
| 248 | + | annuity contracts in this state to purchase an annuity or 163 |
|---|
| 249 | + | annuities, selected by the wrongfully incarcerated person, for a 164 |
|---|
| 250 | + | term of not less than 10 years. The Chief Fin ancial Officer is 165 |
|---|
| 251 | + | directed to execute all necessary agreements to implement this 166 |
|---|
| 252 | + | act and to maximize the benefit to the wrongfully incarcerated 167 |
|---|
| 253 | + | person. The terms of the annuity or annuities shall: 168 |
|---|
| 254 | + | (a) Provide that the annuity or annuities may not be sold , 169 |
|---|
| 255 | + | discounted, or used as security for a loan or mortgage by the 170 |
|---|
| 256 | + | wrongfully incarcerated person. 171 |
|---|
| 257 | + | (b) Contain beneficiary provisions for the continued 172 |
|---|
| 258 | + | disbursement of the annuity or annuities in the event of the 173 |
|---|
| 259 | + | death of the wrongfully incarcerated person. 174 |
|---|
| 260 | + | (4)(a) The Chief Financial Officer may not draw a warrant 175 |
|---|
| 273 | | - | from the wrongful conviction and who commits no more than one 176 |
|---|
| 274 | | - | felony that is not a violent felony which results in revocation 177 |
|---|
| 275 | | - | of the parole or community supervision is eligible for 178 |
|---|
| 276 | | - | compensation for the total number of years incarcerated. A 179 |
|---|
| 277 | | - | wrongfully incarcerated person who commits one violent felony or 180 |
|---|
| 278 | | - | more than one felony t hat is not a violent felony that results 181 |
|---|
| 279 | | - | in revocation of the parole or community supervision is 182 |
|---|
| 280 | | - | ineligible for any compensation under subsection (1). 183 |
|---|
| 281 | | - | (2)(3) Except as provided in subsection (4), within 15 184 |
|---|
| 282 | | - | calendar days after issuing notice to the claima nt that his or 185 |
|---|
| 283 | | - | her claim satisfies all of the requirements under this act, the 186 |
|---|
| 284 | | - | department shall notify the Chief Financial Officer to draw a 187 |
|---|
| 285 | | - | warrant from the General Revenue Fund or another source 188 |
|---|
| 286 | | - | designated by the Legislature in law for the purchase of an 189 |
|---|
| 287 | | - | annuity for the claimant based on the total amount determined by 190 |
|---|
| 288 | | - | the department under this act. 191 |
|---|
| 289 | | - | (3)(4) The Chief Financial Officer shall issue payment in 192 |
|---|
| 290 | | - | the amount determined by the department to an insurance company 193 |
|---|
| 291 | | - | or other financial institution admi tted and authorized to issue 194 |
|---|
| 292 | | - | annuity contracts in this state to purchase an annuity or 195 |
|---|
| 293 | | - | annuities, selected by the wrongfully incarcerated person, for a 196 |
|---|
| 294 | | - | term of not less than 10 years. The Chief Financial Officer is 197 |
|---|
| 295 | | - | directed to execute all necessary agreeme nts to implement this 198 |
|---|
| 296 | | - | act and to maximize the benefit to the wrongfully incarcerated 199 |
|---|
| 297 | | - | person. The terms of the annuity or annuities shall: 200 |
|---|
| 273 | + | to purchase an annuity for a claimant who is currently 176 |
|---|
| 274 | + | incarcerated: 177 |
|---|
| 275 | + | 1. In a county, city, or federal jail or other 178 |
|---|
| 276 | + | correctional facility or an institution operated by the 179 |
|---|
| 277 | + | Department of Correct ions for a felony conviction other than a 180 |
|---|
| 278 | + | crime for which the claimant was wrongfully convicted; or 181 |
|---|
| 279 | + | 2. Due to the revocation of parole or probation for a 182 |
|---|
| 280 | + | felony conviction other than a crime for which the claimant was 183 |
|---|
| 281 | + | wrongfully convicted. 184 |
|---|
| 282 | + | (b) After a term of incarceration described in 185 |
|---|
| 283 | + | subparagraph (a)1. or subparagraph (a)2. has concluded, the 186 |
|---|
| 284 | + | Chief Financial Officer shall commence with the drawing of a 187 |
|---|
| 285 | + | warrant as described in this section. 188 |
|---|
| 286 | + | (5) Before the department approves the application for 189 |
|---|
| 287 | + | compensation, the wrongfully incarcerated person must sign a 190 |
|---|
| 288 | + | release and waiver on behalf of the wrongfully incarcerated 191 |
|---|
| 289 | + | person and his or her heirs, successors, and assigns, forever 192 |
|---|
| 290 | + | releasing the state or any agency, instrumentality, or any 193 |
|---|
| 291 | + | political subdivision thereof, or any other entity subject to s. 194 |
|---|
| 292 | + | 768.28, from all present or future claims that the wrongfully 195 |
|---|
| 293 | + | incarcerated person or his or her heirs, successors, or assigns 196 |
|---|
| 294 | + | may have against such entities arising out of the facts in 197 |
|---|
| 295 | + | connection with the wrong ful conviction for which compensation 198 |
|---|
| 296 | + | is being sought under the act. 199 |
|---|
| 297 | + | (6)(a) A wrongfully incarcerated person may not submit an 200 |
|---|
| 310 | | - | (a) Provide that the annuity or annuities may not be sold, 201 |
|---|
| 311 | | - | discounted, or used as security for a loan or mortgage by the 202 |
|---|
| 312 | | - | wrongfully incarcerated person. 203 |
|---|
| 313 | | - | (b) Contain beneficiary provisions for the continued 204 |
|---|
| 314 | | - | disbursement of the annuity or annuities in the event of the 205 |
|---|
| 315 | | - | death of the wrongfully incarcerated person. 206 |
|---|
| 316 | | - | (4)(a) The Chief Financial Officer may not draw a warran t 207 |
|---|
| 317 | | - | to purchase an annuity for a claimant who is currently 208 |
|---|
| 318 | | - | incarcerated: 209 |
|---|
| 319 | | - | 1. In a county, city, or federal jail or other 210 |
|---|
| 320 | | - | correctional facility or an institution operated by the 211 |
|---|
| 321 | | - | Department of Corrections for a felony conviction other than a 212 |
|---|
| 322 | | - | crime for which the claimant was wrongfully convicted; or 213 |
|---|
| 323 | | - | 2. Due to the revocation of parole or probation for a 214 |
|---|
| 324 | | - | felony conviction other than a crime for which the claimant was 215 |
|---|
| 325 | | - | wrongfully convicted. 216 |
|---|
| 326 | | - | (b) After a term of incarceration described in 217 |
|---|
| 327 | | - | subparagraph (a)1. or su bparagraph (a)2. has concluded, the 218 |
|---|
| 328 | | - | Chief Financial Officer shall commence with the drawing of a 219 |
|---|
| 329 | | - | warrant as described in this section. 220 |
|---|
| 330 | | - | (5) Before the department approves the application for 221 |
|---|
| 331 | | - | compensation, the wrongfully incarcerated person must sign a 222 |
|---|
| 332 | | - | release and waiver on behalf of the wrongfully incarcerated 223 |
|---|
| 333 | | - | person and his or her heirs, successors, and assigns, forever 224 |
|---|
| 334 | | - | releasing the state or any agency, instrumentality, or any 225 |
|---|
| 310 | + | application for compensation under this act if the person has a 201 |
|---|
| 311 | + | lawsuit pending against the state or any agency, 202 |
|---|
| 312 | + | instrumentality, or any political subdivision thereof, or any 203 |
|---|
| 313 | + | other entity subject to the provisions of s. 768.28, in state or 204 |
|---|
| 314 | + | federal court requesting compensation arising out of the facts 205 |
|---|
| 315 | + | in connection with the claimant's conviction and incarceration. 206 |
|---|
| 316 | + | (b) A wrongfully incarcerated person may not submit an 207 |
|---|
| 317 | + | application for compensation under this act if the person is the 208 |
|---|
| 318 | + | subject of a claim bill pending for claims arising out of the 209 |
|---|
| 319 | + | facts in connection with the claimant's conviction and 210 |
|---|
| 320 | + | incarceration. 211 |
|---|
| 321 | + | (c) Once an application is filed under this act, a 212 |
|---|
| 322 | + | wrongfully incarcerated person may not pursue recovery under a 213 |
|---|
| 323 | + | claim bill until the final disposition of the application. 214 |
|---|
| 324 | + | (d) Any amount awarded under this act is intended to 215 |
|---|
| 325 | + | provide the sole compensation for any an d all present and future 216 |
|---|
| 326 | + | claims arising out of the facts in connection with the 217 |
|---|
| 327 | + | claimant's conviction and incarceration. Upon notification by 218 |
|---|
| 328 | + | the department that an application meets the requirements of 219 |
|---|
| 329 | + | this act, a wrongfully incarcerated person may not re cover under 220 |
|---|
| 330 | + | a claim bill. 221 |
|---|
| 331 | + | (e) Any compensation awarded under a claim bill shall be 222 |
|---|
| 332 | + | the sole redress for claims arising out of the facts in 223 |
|---|
| 333 | + | connection with the claimant's conviction and incarceration and, 224 |
|---|
| 334 | + | upon any award of compensation to a wrongfully inc arcerated 225 |
|---|
| 347 | | - | political subdivision thereof, or any other entity subject to s. 226 |
|---|
| 348 | | - | 768.28, from all present or future claims that the wrongfully 227 |
|---|
| 349 | | - | incarcerated person or his or her heirs, successors, or assigns 228 |
|---|
| 350 | | - | may have against such entities arising out of the facts in 229 |
|---|
| 351 | | - | connection with the wrongful conviction for which compensation 230 |
|---|
| 352 | | - | is being sought under the act. 231 |
|---|
| 353 | | - | (6)(a) A wrongfully incarcerated person may not submit an 232 |
|---|
| 354 | | - | application for compensation under this act if the person has a 233 |
|---|
| 355 | | - | lawsuit pending against the state or any agency, 234 |
|---|
| 356 | | - | instrumentality, or any political subdivision thereof, or any 235 |
|---|
| 357 | | - | other entity subject to the provisions of s. 768.28, in state or 236 |
|---|
| 358 | | - | federal court requesting compensation arising out of the facts 237 |
|---|
| 359 | | - | in connection with the claimant's conviction and incarceration. 238 |
|---|
| 360 | | - | (b) A wrongfully incarcerated person may not submit an 239 |
|---|
| 361 | | - | application for compensation under this act if the person is the 240 |
|---|
| 362 | | - | subject of a claim bill pending for claims arising out of the 241 |
|---|
| 363 | | - | facts in connection with the claimant's conviction and 242 |
|---|
| 364 | | - | incarceration. 243 |
|---|
| 365 | | - | (c) Once an application is filed under this act, a 244 |
|---|
| 366 | | - | wrongfully incarcerated person may not pursue recovery under a 245 |
|---|
| 367 | | - | claim bill until the final disposition of the application. 246 |
|---|
| 368 | | - | (d) Any amount awarded under this act is intended to 247 |
|---|
| 369 | | - | provide the sole compensation for any and all present and future 248 |
|---|
| 370 | | - | claims arising out of the facts i n connection with the 249 |
|---|
| 371 | | - | claimant's conviction and incarceration. Upon notification by 250 |
|---|
| 372 | | - | |
|---|
| 373 | | - | CS/CS/HB 43 2023 |
|---|
| 374 | | - | |
|---|
| 375 | | - | |
|---|
| 376 | | - | |
|---|
| 377 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 378 | | - | hb0043-02-c2 |
|---|
| 379 | | - | Page 11 of 11 |
|---|
| 380 | | - | 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 |
|---|
| 381 | | - | |
|---|
| 382 | | - | |
|---|
| 383 | | - | |
|---|
| 384 | | - | the department that an application meets the requirements of 251 |
|---|
| 385 | | - | this act, a wrongfully incarcerated person may not recover under 252 |
|---|
| 386 | | - | a claim bill. 253 |
|---|
| 387 | | - | (e) Any compensation awarded u nder a claim bill shall be 254 |
|---|
| 388 | | - | the sole redress for claims arising out of the facts in 255 |
|---|
| 389 | | - | connection with the claimant's conviction and incarceration and, 256 |
|---|
| 390 | | - | upon any award of compensation to a wrongfully incarcerated 257 |
|---|
| 391 | | - | person under a claim bill, the person may not re ceive 258 |
|---|
| 392 | | - | compensation under this act. 259 |
|---|
| 393 | | - | (7) Any payment made under this act does not constitute a 260 |
|---|
| 394 | | - | waiver of any defense of sovereign immunity or an increase in 261 |
|---|
| 395 | | - | the limits of liability on behalf of the state or any person 262 |
|---|
| 396 | | - | subject to the provisions of s. 768.28 or any other law. 263 |
|---|
| 397 | | - | Section 5. Section 961.07, Florida Statutes, is amended to 264 |
|---|
| 398 | | - | read: 265 |
|---|
| 399 | | - | 961.07 Continuing appropriation. —Beginning in the 2023-266 |
|---|
| 400 | | - | 2024 2008-2009 fiscal year and continuing each fiscal year 267 |
|---|
| 401 | | - | thereafter, a sum sufficient to pay the approved pay ments under 268 |
|---|
| 402 | | - | s. 961.03(1)(b) this act is appropriated from the General 269 |
|---|
| 403 | | - | Revenue Fund to the Chief Financial Officer, which sum is 270 |
|---|
| 404 | | - | further appropriated for expenditure pursuant to the provisions 271 |
|---|
| 405 | | - | of this act. 272 |
|---|
| 406 | | - | Section 6. This act shall take effect July 1, 2023. 273 |
|---|
| 347 | + | person under a claim bill, the person may not receive 226 |
|---|
| 348 | + | compensation under this act. 227 |
|---|
| 349 | + | (7) Any payment made under this act does not constitute a 228 |
|---|
| 350 | + | waiver of any defense of sovereign immunity or an increase in 229 |
|---|
| 351 | + | the limits of liability on behalf of the state or any person 230 |
|---|
| 352 | + | subject to the provisions of s. 768.28 or any other law. 231 |
|---|
| 353 | + | Section 5. Section 961.07, Florida Statutes, is amended to 232 |
|---|
| 354 | + | read: 233 |
|---|
| 355 | + | 961.07 Continuing appropriation. — 234 |
|---|
| 356 | + | (1) Beginning in the 2023-2024 2008-2009 fiscal year and 235 |
|---|
| 357 | + | continuing each fiscal year thereafter, a sum sufficient to pay 236 |
|---|
| 358 | + | the approved payments under s. 961.03(1)(b)1. this act is 237 |
|---|
| 359 | + | appropriated from the General Revenue Fund to the Chief 238 |
|---|
| 360 | + | Financial Officer, which sum is further appropriated for 239 |
|---|
| 361 | + | expenditure pursuant to the provisions of this act. 240 |
|---|
| 362 | + | (2) Payments for petitions filed pursuant to s. 241 |
|---|
| 363 | + | 961.03(1)(b)2. are subject to specific appropriation. 242 |
|---|
| 364 | + | Section 6. This act shall take effect July 1, 2023. 243 |
|---|