Florida Senate - 2023 SB 382 By Senator Bradley 6-00281-23 2023382__ 1 A bill to be entitled 2 An act relating to compensation for wrongfully 3 incarcerated persons; amending s. 961.03, F.S.; 4 revising requirements for when a petition seeking 5 compensation for a wrongful incarceration must be 6 filed; providing that a deceased persons heirs, 7 successors, or assigns do not have standing to file 8 such a petition; amending s. 961.04, F.S.; revising 9 compensation eligibility requirements for a wrongful 10 incarceration; amending s. 961.06, F.S.; revising 11 requirements for awarding compensation for a wrongful 12 incarceration; specifying circumstances under which 13 certain paid sums must be deducted from the total 14 monetary compensation a claimant for wrongful 15 incarceration is entitled to or under which the 16 claimant must reimburse the state; providing 17 requirements for the claimant and the Department of 18 Legal Affairs due to reimbursements; providing 19 requirements upon the Chief Financial Officer; 20 amending s. 961.07, F.S.; revising requirements for 21 continuing appropriations; specifying that certain 22 payments are subject to specific appropriation; 23 providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1.Paragraph (b) of subsection (1) of section 28 961.03, Florida Statutes, is amended, and paragraph (c) is added 29 to that subsection, to read: 30 961.03Determination of status as a wrongfully incarcerated 31 person; determination of eligibility for compensation. 32 (1) 33 (b)The person must file the petition with the court: 34 1.Within 2 years 90 days after the order vacating a 35 conviction and sentence becomes final and the criminal charges 36 against the person are dismissed or the person is retried and 37 acquitted if the persons conviction and sentence is vacated on 38 or after July 1, 2023 2008. 39 2.By July 1, 2025 2010, if the persons conviction and 40 sentence was vacated and the criminal charges against the person 41 were dismissed or the person was retried and acquitted on or 42 after January 1, 2006, but before July 1, 2023, and he or she 43 previously filed a petition under this section that was 44 dismissed or he or she did not file a petition under this 45 section because: 46 a.The date on which the criminal charges against the 47 person were dismissed or the date on which the person was 48 acquitted upon retrial occurred more than 90 days after the date 49 on which the final order vacating the conviction and sentence; 50 or 51 b.The person was convicted of an unrelated felony before 52 or during his or her wrongful conviction and incarceration and 53 was ineligible for compensation under s. 961.04 as it existed 54 before July 1, 2023. 55 (c)A deceased persons heirs, successors, or assigns do 56 not have standing to file a petition on the deceased persons 57 behalf under this section by an order that became final prior to 58 July 1, 2008. 59 Section 2.Section 961.04, Florida Statutes, is amended to 60 read: 61 961.04Eligibility for compensation for wrongful 62 incarceration.A wrongfully incarcerated person is not eligible 63 for compensation under the act for any period of incarceration 64 during which the person was concurrently serving a sentence for 65 a conviction of another crime for which such person was lawfully 66 incarcerated if: 67 (1)Before the persons wrongful conviction and 68 incarceration, the person was convicted of, or pled guilty or 69 nolo contendere to, regardless of adjudication, any violent 70 felony, or a crime committed in another jurisdiction the 71 elements of which would constitute a violent felony in this 72 state, or a crime committed against the United States which is 73 designated a violent felony, excluding any delinquency 74 disposition; 75 (2)Before the persons wrongful conviction and 76 incarceration, the person was convicted of, or pled guilty or 77 nolo contendere to, regardless of adjudication, more than one 78 felony that is not a violent felony, or more than one crime 79 committed in another jurisdiction, the elements of which would 80 constitute a felony in this state, or more than one crime 81 committed against the United States which is designated a 82 felony, excluding any delinquency disposition; 83 (3)During the persons wrongful incarceration, the person 84 was convicted of, or pled guilty or nolo contendere to, 85 regardless of adjudication, any violent felony; 86 (4)During the persons wrongful incarceration, the person 87 was convicted of, or pled guilty or nolo contendere to, 88 regardless of adjudication, more than one felony that is not a 89 violent felony; or 90 (5)During the persons wrongful incarceration, the person 91 was also serving a concurrent sentence for another felony for 92 which the person was not wrongfully convicted. 93 Section 3.Section 961.06, Florida Statutes, is amended to 94 read: 95 961.06Compensation for wrongful incarceration. 96 (1)Except as otherwise provided in this act and subject to 97 the limitations and procedures prescribed in this section, a 98 person who is found to be entitled to compensation under the 99 provisions of this act is entitled to all of the following: 100 (a)Monetary compensation for wrongful incarceration, which 101 shall be calculated at a rate of $50,000 for each year of 102 wrongful incarceration, prorated as necessary to account for a 103 portion of a year. For persons found to be wrongfully 104 incarcerated after December 31, 2005 2008, the Chief Financial 105 Officer may adjust the annual rate of compensation for inflation 106 using the change in the December-to-December Consumer Price 107 Index for All Urban Consumers of the Bureau of Labor Statistics 108 of the Department of Labor.; 109 (b)A waiver of tuition and fees for up to 120 hours of 110 instruction at any career center established under s. 1001.44, 111 any Florida College System institution as defined in s. 112 1000.21(3), or any state university as defined in s. 1000.21(6), 113 if the wrongfully incarcerated person meets and maintains the 114 regular admission requirements of such career center, Florida 115 College System institution, or state university; remains 116 registered at such educational institution; and makes 117 satisfactory academic progress as defined by the educational 118 institution in which the claimant is enrolled.; 119 (c)The amount of any fine, penalty, or court costs imposed 120 and paid by the wrongfully incarcerated person.; 121 (d)The amount of any reasonable attorney attorneys fees 122 and expenses incurred and paid by the wrongfully incarcerated 123 person in connection with all criminal proceedings and appeals 124 regarding the wrongful conviction, to be calculated by the 125 department based upon the supporting documentation submitted as 126 specified in s. 961.05.; and 127 (e)Notwithstanding any provision to the contrary in s. 128 943.0583 or s. 943.0585, immediate administrative expunction of 129 the persons criminal record resulting from his or her wrongful 130 arrest, wrongful conviction, and wrongful incarceration. The 131 Department of Legal Affairs and the Department of Law 132 Enforcement shall, upon a determination that a claimant is 133 entitled to compensation, immediately take all action necessary 134 to administratively expunge the claimants criminal record 135 arising from his or her wrongful arrest, wrongful conviction, 136 and wrongful incarceration. All fees for this process shall be 137 waived. 138 139 The total compensation awarded under paragraphs (a), (c), and 140 (d) may not exceed $2 million. No further award for attorney 141 attorneys fees, lobbying fees, costs, or other similar expenses 142 shall be made by the state. 143 (2)In calculating monetary compensation under paragraph 144 (1)(a), a wrongfully incarcerated person who is placed on parole 145 or community supervision while serving the sentence resulting 146 from the wrongful conviction and who commits no more than one 147 felony that is not a violent felony which results in revocation 148 of the parole or community supervision is eligible for 149 compensation for the total number of years incarcerated. A 150 wrongfully incarcerated person who commits one violent felony or 151 more than one felony that is not a violent felony that results 152 in revocation of the parole or community supervision is 153 ineligible for any compensation under subsection (1). 154 (2)(3)Except as provided in subsection (9), within 15 155 calendar days after issuing notice to the claimant that his or 156 her claim satisfies all of the requirements under this act, the 157 department shall notify the Chief Financial Officer to draw a 158 warrant from the General Revenue Fund or another source 159 designated by the Legislature in law for the purchase of an 160 annuity for the claimant based on the total amount determined by 161 the department under this act. 162 (3)(4)The Chief Financial Officer shall issue payment in 163 the amount determined by the department to an insurance company 164 or other financial institution admitted and authorized to issue 165 annuity contracts in this state to purchase an annuity or 166 annuities, selected by the wrongfully incarcerated person, for a 167 term of not less than 10 years. The Chief Financial Officer is 168 directed to execute all necessary agreements to implement this 169 act and to maximize the benefit to the wrongfully incarcerated 170 person. The terms of the annuity or annuities shall: 171 (a)Provide that the annuity or annuities may not be sold, 172 discounted, or used as security for a loan or mortgage by the 173 wrongfully incarcerated person. 174 (b)Contain beneficiary provisions for the continued 175 disbursement of the annuity or annuities in the event of the 176 death of the wrongfully incarcerated person. 177 (4)(5)If, when monetary compensation is determined under 178 paragraph (1)(a), a court has previously entered a monetary 179 judgment in favor of the claimant in a civil action related to 180 the claimants wrongful incarceration, or the claimant has 181 entered into a settlement agreement with the state or any 182 political subdivision thereof related to the claimants wrongful 183 incarceration, the amount of the damages in the civil action or 184 settlement agreement, less any sums paid for attorney fees or 185 costs incurred in litigating the civil action or obtaining the 186 settlement agreement, shall be deducted from the total monetary 187 compensation to which the claimant is entitled under this 188 section 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 wrongful conviction for which compensation 198 is being sought under the act. 199 (5)(a)If subsection (4) does not apply and if, after 200 monetary compensation is determined under paragraph (1)(a): 201 1.The court enters a monetary judgment in favor of the 202 claimant in a civil action related to the claimants wrongful 203 incarceration; or 204 2.The claimant enters into a settlement agreement with the 205 state or any political subdivision thereof related to the 206 claimants wrongful incarceration, 207 208 the claimant shall reimburse the state for the monetary 209 compensation paid under paragraph (1)(a), less any sums paid for 210 attorney fees or costs incurred in litigating the civil action 211 or obtaining the settlement agreement. 212 (b)A reimbursement required under this subsection may not 213 exceed the amount of the monetary award the claimant received 214 for damages in a civil action or settlement agreement. 215 (c)In the order of judgment, the court shall award to the 216 state any amount required to be deducted under this subsection. 217 (6)(a)The claimant shall notify the department upon filing 218 a civil action against the state or any political subdivision 219 thereof in which the claimant is seeking monetary damages 220 related to the claimants wrongful incarceration for which he or 221 she previously received or is applying to receive compensation 222 under paragraph (1)(a). 223 (b)Upon notice of the claimants civil action, the 224 department shall file in the case a notice of payment of 225 monetary compensation to the claimant under paragraph (1)(a). 226 The notice shall constitute a lien upon any monetary judgment or 227 settlement recovered under the civil action which is equal to 228 the sum of monetary compensation paid to the claimant under 229 paragraph (1)(a), less any attorney fees and costs incurred in 230 litigating the civil action or obtaining the settlement 231 agreement A wrongfully incarcerated person may not submit an 232 application for compensation under this act if the person has a 233 lawsuit pending against the state or any agency, 234 instrumentality, or any political subdivision thereof, or any 235 other entity subject to the provisions of s. 768.28, in state or 236 federal court requesting compensation arising out of the facts 237 in connection with the claimants conviction and incarceration. 238 (7)(a)(b)A wrongfully incarcerated person may not submit 239 an application for compensation under this act if the person is 240 the subject of a claim bill pending for claims arising out of 241 the facts in connection with the claimants conviction and 242 incarceration. 243 (b)(c)Once an application is filed under this act, a 244 wrongfully incarcerated person may not pursue recovery under a 245 claim bill until the final disposition of the application. 246 (c)(d)Any amount awarded under this act is intended to 247 provide the sole compensation for any and all present and future 248 claims arising out of the facts in connection with the 249 claimants conviction and incarceration. Upon notification by 250 the department that an application meets the requirements of 251 this act, a wrongfully incarcerated person may not recover under 252 a claim bill. 253 (d)(e)Any compensation awarded under a claim bill shall be 254 the sole redress for claims arising out of the facts in 255 connection with the claimants conviction and incarceration and, 256 upon any award of compensation to a wrongfully incarcerated 257 person under a claim bill, the person may not receive 258 compensation under this act. 259 (8)(7)Any payment made under this act does not constitute 260 a waiver of any defense of sovereign immunity or an increase in 261 the limits of liability on behalf of the state or any person 262 subject to the provisions of s. 768.28 or any other law. 263 (9)(a)The Chief Financial Officer may not draw a warrant 264 to purchase an annuity for a claimant who is currently 265 incarcerated: 266 1.In a county, city, or federal jail or other correctional 267 facility or an institution operated by the Department of 268 Corrections for a felony conviction other than a crime for which 269 the claimant was wrongfully convicted; or 270 2.Due to the revocation of parole or probation for a 271 felony conviction other than a crime for which the claimant was 272 wrongfully convicted. 273 (b)After a term of imprisonment described in subparagraph 274 (a)1. or subparagraph (a)2. has concluded, the Chief Financial 275 Officer shall commence with the drawing of a warrant as 276 described in this section. 277 Section 4.Section 961.07, Florida Statutes, is amended to 278 read: 279 961.07Continuing appropriation. 280 (1)Beginning in the 2023-2024 2008-2009 fiscal year and 281 continuing each fiscal year thereafter, a sum sufficient to pay 282 the approved payments under s. 961.03(1)(b)1. this act is 283 appropriated from the General Revenue Fund to the Chief 284 Financial Officer, which sum is further appropriated for 285 expenditure pursuant to the provisions of this act. 286 (2)Payments for petitions filed pursuant to s. 287 961.03(1)(b)2. are subject to specific appropriation. 288 Section 5.This act shall take effect July 1, 2023.