Florida Senate - 2023 CS for SB 382 By the Committee on Criminal Justice; and Senator Bradley 591-02317-23 2023382c1 1 A bill to be entitled 2 An act relating to compensation for wrongfully 3 incarcerated persons; amending s. 961.02, F.S.; 4 deleting an obsolete definition; amending s. 961.03, 5 F.S.; revising requirements for when a petition 6 seeking compensation must be filed; providing that a 7 deceased persons heirs, successors, or assigns do not 8 have standing to file such a petition; amending s. 9 961.04, F.S.; revising compensation eligibility 10 requirements; amending s. 961.06, F.S.; revising 11 requirements for awarding compensation; amending s. 12 961.07, F.S.; revising requirements for continuing 13 appropriations; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1.Subsection (6) of section 961.02, Florida 18 Statutes, is amended to read: 19 961.02Definitions.As used in ss. 961.01-961.07, the term: 20 (6)Violent felony means a felony listed in s. 21 775.084(1)(c)1. or s. 948.06(8)(c). 22 Section 2.Paragraph (b) of subsection (1) of section 23 961.03, Florida Statutes, is amended, and paragraph (c) is added 24 to that subsection, to read: 25 961.03Determination of status as a wrongfully incarcerated 26 person; determination of eligibility for compensation. 27 (1) 28 (b)The person must file the petition with the court: 29 1.Within 2 years 90 days after the order vacating a 30 conviction and sentence becomes final and the criminal charges 31 against the person are dismissed or the person is retried and 32 acquitted if the persons conviction and sentence is vacated on 33 or after July 1, 2023 2008. 34 2.By July 1, 2025 2010, if the persons conviction and 35 sentence was vacated and the criminal charges against the person 36 were dismissed or the person was retried and acquitted on or 37 after January 1, 2006, but before July 1, 2023, and he or she 38 previously filed a petition under this section that was 39 dismissed or he or she did not file a petition under this 40 section because: 41 a.The date on which the criminal charges against the 42 person were dismissed or the date on which the person was 43 acquitted upon retrial occurred more than 90 days after the date 44 of the final order vacating the conviction and sentence; or 45 b.The person was convicted of an unrelated felony before 46 or during his or her wrongful conviction and incarceration and 47 was ineligible for compensation under s. 961.04 as it existed 48 before July 1, 2023. 49 (c)A deceased persons heirs, successors, or assigns do 50 not have standing to file a petition on the deceased persons 51 behalf under this section by an order that became final prior to 52 July 1, 2008. 53 Section 3.Section 961.04, Florida Statutes, is amended to 54 read: 55 961.04Eligibility for compensation for wrongful 56 incarceration.A wrongfully incarcerated person is not eligible 57 for compensation under the act for any period of incarceration 58 during which the person was concurrently serving a sentence for 59 a conviction of another felony for which such person was 60 lawfully incarcerated if: 61 (1)Before the persons wrongful conviction and 62 incarceration, the person was convicted of, or pled guilty or 63 nolo contendere to, regardless of adjudication, any violent 64 felony, or a crime committed in another jurisdiction the 65 elements of which would constitute a violent felony in this 66 state, or a crime committed against the United States which is 67 designated a violent felony, excluding any delinquency 68 disposition; 69 (2)Before the persons wrongful conviction and 70 incarceration, the person was convicted of, or pled guilty or 71 nolo contendere to, regardless of adjudication, more than one 72 felony that is not a violent felony, or more than one crime 73 committed in another jurisdiction, the elements of which would 74 constitute a felony in this state, or more than one crime 75 committed against the United States which is designated a 76 felony, excluding any delinquency disposition; 77 (3)During the persons wrongful incarceration, the person 78 was convicted of, or pled guilty or nolo contendere to, 79 regardless of adjudication, any violent felony; 80 (4)During the persons wrongful incarceration, the person 81 was convicted of, or pled guilty or nolo contendere to, 82 regardless of adjudication, more than one felony that is not a 83 violent felony; or 84 (5)During the persons wrongful incarceration, the person 85 was also serving a concurrent sentence for another felony for 86 which the person was not wrongfully convicted. 87 Section 4.Section 961.06, Florida Statutes, is amended to 88 read: 89 961.06Compensation for wrongful incarceration. 90 (1)Except as otherwise provided in this act and subject to 91 the limitations and procedures prescribed in this section, a 92 person who is found to be entitled to compensation under the 93 provisions of this act is entitled to all of the following: 94 (a)Monetary compensation for wrongful incarceration, which 95 shall be calculated at a rate of $50,000 for each year of 96 wrongful incarceration, prorated as necessary to account for a 97 portion of a year. For persons found to be wrongfully 98 incarcerated after December 31, 2005 2008, the Chief Financial 99 Officer may adjust the annual rate of compensation for inflation 100 using the change in the December-to-December Consumer Price 101 Index for All Urban Consumers of the Bureau of Labor Statistics 102 of the Department of Labor.; 103 (b)A waiver of tuition and fees for up to 120 hours of 104 instruction at any career center established under s. 1001.44, 105 any Florida College System institution as defined in s. 106 1000.21(3), or any state university as defined in s. 1000.21(6), 107 if the wrongfully incarcerated person meets and maintains the 108 regular admission requirements of such career center, Florida 109 College System institution, or state university; remains 110 registered at such educational institution; and makes 111 satisfactory academic progress as defined by the educational 112 institution in which the claimant is enrolled.; 113 (c)The amount of any fine, penalty, or court costs imposed 114 and paid by the wrongfully incarcerated person.; 115 (d)The amount of any reasonable attorney attorneys fees 116 and expenses incurred and paid by the wrongfully incarcerated 117 person in connection with all criminal proceedings and appeals 118 regarding the wrongful conviction, to be calculated by the 119 department based upon the supporting documentation submitted as 120 specified in s. 961.05.;and 121 (e)Notwithstanding any provision to the contrary in s. 122 943.0583 or s. 943.0585, immediate administrative expunction of 123 the persons criminal record resulting from his or her wrongful 124 arrest, wrongful conviction, and wrongful incarceration. The 125 Department of Legal Affairs and the Department of Law 126 Enforcement shall, upon a determination that a claimant is 127 entitled to compensation, immediately take all action necessary 128 to administratively expunge the claimants criminal record 129 arising from his or her wrongful arrest, wrongful conviction, 130 and wrongful incarceration. All fees for this process shall be 131 waived. 132 133 The total compensation awarded under paragraphs (a), (c), and 134 (d) may not exceed $2 million. No further award for attorney 135 attorneys fees, lobbying fees, costs, or other similar expenses 136 shall be made by the state. 137 (2)In calculating monetary compensation under paragraph 138 (1)(a), a wrongfully incarcerated person who is placed on parole 139 or community supervision while serving the sentence resulting 140 from the wrongful conviction and who commits no more than one 141 felony that is not a violent felony which results in revocation 142 of the parole or community supervision is eligible for 143 compensation for the total number of years incarcerated. A 144 wrongfully incarcerated person who commits one violent felony or 145 more than one felony that is not a violent felony that results 146 in revocation of the parole or community supervision is 147 ineligible for any compensation under subsection (1). 148 (2)(3)Except as provided in subsection (4), within 15 149 calendar days after issuing notice to the claimant that his or 150 her claim satisfies all of the requirements under this act, the 151 department shall notify the Chief Financial Officer to draw a 152 warrant from the General Revenue Fund or another source 153 designated by the Legislature in law for the purchase of an 154 annuity for the claimant based on the total amount determined by 155 the department under this act. 156 (3)(4)The Chief Financial Officer shall issue payment in 157 the amount determined by the department to an insurance company 158 or other financial institution admitted and authorized to issue 159 annuity contracts in this state to purchase an annuity or 160 annuities, selected by the wrongfully incarcerated person, for a 161 term of not less than 10 years. The Chief Financial Officer is 162 directed to execute all necessary agreements to implement this 163 act and to maximize the benefit to the wrongfully incarcerated 164 person. The terms of the annuity or annuities shall: 165 (a)Provide that the annuity or annuities may not be sold, 166 discounted, or used as security for a loan or mortgage by the 167 wrongfully incarcerated person. 168 (b)Contain beneficiary provisions for the continued 169 disbursement of the annuity or annuities in the event of the 170 death of the wrongfully incarcerated person. 171 (4)(a)The Chief Financial Officer may not draw a warrant 172 to purchase an annuity for a claimant who is currently 173 incarcerated: 174 1.In a county, city, or federal jail or other correctional 175 facility or an institution operated by the Department of 176 Corrections for a felony conviction other than a crime for which 177 the claimant was wrongfully convicted; or 178 2.Due to the revocation of parole or probation for a 179 felony conviction other than a crime for which the claimant was 180 wrongfully convicted. 181 (b)After a term of incarceration described in subparagraph 182 (a)1. or subparagraph (a)2. has concluded, the Chief Financial 183 Officer shall commence with the drawing of a warrant as 184 described in this section. 185 (5)Before the department approves the application for 186 compensation, the wrongfully incarcerated person must sign a 187 release and waiver on behalf of the wrongfully incarcerated 188 person and his or her heirs, successors, and assigns, forever 189 releasing the state or any agency, instrumentality, or any 190 political subdivision thereof, or any other entity subject to s. 191 768.28, from all present or future claims that the wrongfully 192 incarcerated person or his or her heirs, successors, or assigns 193 may have against such entities arising out of the facts in 194 connection with the wrongful conviction for which compensation 195 is being sought under the act. 196 (6)(a)A wrongfully incarcerated person may not submit an 197 application for compensation under this act if the person has a 198 lawsuit pending against the state or any agency, 199 instrumentality, or any political subdivision thereof, or any 200 other entity subject to the provisions of s. 768.28, in state or 201 federal court requesting compensation arising out of the facts 202 in connection with the claimants conviction and incarceration. 203 (b)A wrongfully incarcerated person may not submit an 204 application for compensation under this act if the person is the 205 subject of a claim bill pending for claims arising out of the 206 facts in connection with the claimants conviction and 207 incarceration. 208 (c)Once an application is filed under this act, a 209 wrongfully incarcerated person may not pursue recovery under a 210 claim bill until the final disposition of the application. 211 (d)Any amount awarded under this act is intended to 212 provide the sole compensation for any and all present and future 213 claims arising out of the facts in connection with the 214 claimants conviction and incarceration. Upon notification by 215 the department that an application meets the requirements of 216 this act, a wrongfully incarcerated person may not recover under 217 a claim bill. 218 (e)Any compensation awarded under a claim bill shall be 219 the sole redress for claims arising out of the facts in 220 connection with the claimants conviction and incarceration and, 221 upon any award of compensation to a wrongfully incarcerated 222 person under a claim bill, the person may not receive 223 compensation under this act. 224 (7)Any payment made under this act does not constitute a 225 waiver of any defense of sovereign immunity or an increase in 226 the limits of liability on behalf of the state or any person 227 subject to the provisions of s. 768.28 or any other law. 228 Section 5.Section 961.07, Florida Statutes, is amended to 229 read: 230 961.07Continuing appropriation.Beginning in the 2023-2024 231 2008-2009 fiscal year and continuing each fiscal year 232 thereafter, a sum sufficient to pay the approved payments under 233 s. 961.03(1)(b) this act is appropriated from the General 234 Revenue Fund to the Chief Financial Officer, which sum is 235 further appropriated for expenditure pursuant to the provisions 236 of this act. 237 Section 6.This act shall take effect July 1, 2023.