Florida 2024 Regular Session

Florida House Bill H0037 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 37 2024
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8	8	hb0037-00
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to compensation for wrongfully 2
16	16	incarcerated persons; amending s. 961.02, F.S.; 3
17	17	deleting an obsolete definition; amending s. 961.03, 4
18	18	F.S.; revising requirements for when a petition 5
19	19	seeking compensation must be filed; providing that a 6
20	20	deceased person's heirs, successors, or assigns do not 7
21	21	have standing to file such a petition; amending s. 8
22	22	961.04, F.S.; revising requirements for eligibility 9
23	23	for compensation; amending s. 961.06, F.S.; revising 10
24	24	requirements for awarding compensation; amending s. 11
25	25	961.07, F.S.; revising requirements for continuing 12
26	26	appropriations; providing an effective date. 13
27	27	14
28	28	Be It Enacted by the Legislature of the State of Flor ida: 15
29	29	16
30	30	Section 1. Subsection (6) of section 961.02, Florida 17
31	31	Statutes, is amended to read: 18
32	32	961.02 Definitions. —As used in ss. 961.01 -961.07, the 19
33	33	term: 20
34	34	(6) "Violent felony" means a felony listed in s. 21
35	35	775.084(1)(c)1. or s. 948.06(8)(c). 22
36	36	Section 2. Paragraph (b) of subsection (1) of section 23
37	37	961.03, Florida Statutes, is amended, and paragraph (c) is added 24
38	38	to that subsection, to read: 25
39	39
40	40	HB 37 2024
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0037-00
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47	47	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
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51	51	961.03 Determination of status as a wrongfully 26
52	52	incarcerated person; determination of eligibility for 27
53	53	compensation.— 28
54	54	(1) 29
55	55	(b) The person must file the petition with the court: 30
56	56	1. Within 2 years 90 days after the order vacating a 31
57	57	conviction and sentence becomes final and the criminal charges 32
58	58	against the person are dismissed or the person is retried and 33
59	59	acquitted if the person's conviction and sentence is vacated on 34
60	60	or after July 1, 2024 2008. 35
61	61	2. By July 1, 2026 2010, if the person's conviction and 36
62	62	sentence was vacated and the criminal charges against the person 37
63	63	were dismissed or the person was retried and acquitted o n or 38
64	64	after January 1, 2006, but before July 1, 2024, and he or she 39
65	65	previously filed a petition under this section that was 40
66	66	dismissed or he or she did not file a petition under this 41
67	67	section because: 42
68	68	a. The date on which the criminal charges against the 43
69	69	person were dismissed or the date on which the person was 44
70	70	acquitted upon retrial occurred more than 90 days after the date 45
71	71	of the final order vacating the conviction and sentence; or 46
72	72	b. The person was convicted of an unrelated felony before 47
73	73	or during his or her wrongful conviction and incarceration and 48
74	74	was ineligible for compensation under s. 961.04 as it existed 49
75	75	before July 1, 2024. 50
76	76
77	77	HB 37 2024
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0037-00
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84	84	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
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88	88	(c) A deceased person's heirs, successors, or assigns do 51
89	89	not have standing to file a petition on the deceased person's 52
90	90	behalf under this section by an order that became final prior to 53
91	91	July 1, 2008. 54
92	92	Section 3. Section 961.04, Florida Statutes, is amended to 55
93	93	read: 56
94	94	961.04 Eligibility for compensation for wrongful 57
95	95	incarceration.—A wrongfully incarcerated person is not eligible 58
96	96	for compensation under the act for any period of incarceration 59
97	97	during which the person was concurrently serving a sentence for 60
98	98	a conviction of another felony for which such person was 61
99	99	lawfully incarcerated if: 62
100	100	(1) Before the person's wrongful conviction and 63
101	101	incarceration, the person was convicted of, or pled guilty or 64
102	102	nolo contendere to, regardless of adjudication, any violent 65
103	103	felony, or a crime committed in another jurisdiction the 66
104	104	elements of which would constitute a violent felony in this 67
105	105	state, or a crime committed against the United States which is 68
106	106	designated a violent felony, excluding any delinquency 69
107	107	disposition; 70
108	108	(2) Before the person' s wrongful conviction and 71
109	109	incarceration, the person was convicted of, or pled guilty or 72
110	110	nolo contendere to, regardless of adjudication, more than one 73
111	111	felony that is not a violent felony, or more than one crime 74
112	112	committed in another jurisdiction, the element s of which would 75
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119	119	hb0037-00
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121	121	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
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123	123
124	124
125	125	constitute a felony in this state, or more than one crime 76
126	126	committed against the United States which is designated a 77
127	127	felony, excluding any delinquency disposition; 78
128	128	(3) During the person's wrongful incarceration, the person 79
129	129	was convicted of, or pled guilty or nolo contendere to, 80
130	130	regardless of adjudication, any violent felony; 81
131	131	(4) During the person's wrongful incarceration, the person 82
132	132	was convicted of, or pled guilty or nolo contendere to, 83
133	133	regardless of adjudication, more than one felony t hat is not a 84
134	134	violent felony; or 85
135	135	(5) During the person's wrongful incarceration, the person 86
136	136	was also serving a concurrent sentence for another felony for 87
137	137	which the person was not wrongfully convicted . 88
138	138	Section 4. Section 961.06, Florida Statutes, is am ended to 89
139	139	read: 90
140	140	961.06 Compensation for wrongful incarceration. — 91
141	141	(1) Except as otherwise provided in this act and subject 92
142	142	to the limitations and procedures prescribed in this section, a 93
143	143	person who is found to be entitled to compensation under the 94
144	144	provisions of this act is entitled to all of the following : 95
145	145	(a) Monetary compensation for wrongful incarceration, 96
146	146	which shall be calculated at a rate of $50,000 for each year of 97
147	147	wrongful incarceration, prorated as necessary to account for a 98
148	148	portion of a year. For persons found to be wrongfully 99
149	149	incarcerated after December 31, 2005 2008, the Chief Financial 100
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151	151	HB 37 2024
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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158	158	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
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162	162	Officer may adjust the annual rate of compensation for inflation 101
163	163	using the change in the December -to-December "Consumer Price 102
164	164	Index for All Urban Consumers" o f the Bureau of Labor Statistics 103
165	165	of the Department of Labor .; 104
166	166	(b) A waiver of tuition and fees for up to 120 hours of 105
167	167	instruction at any career center established under s. 1001.44, 106
168	168	any Florida College System institution as defined in s. 107
169	169	1000.21(5), or any state university as defined in s. 1000.21(8) , 108
170	170	if the wrongfully incarcerated person meets and maintains the 109
171	171	regular admission requirements of such career center, Florida 110
172	172	College System institution, or state university; remains 111
173	173	registered at such educatio nal institution; and makes 112
174	174	satisfactory academic progress as defined by the educational 113
175	175	institution in which the claimant is enrolled .; 114
176	176	(c) The amount of any fine, penalty, or court costs 115
177	177	imposed and paid by the wrongfully incarcerated person .; 116
178	178	(d) The amount of any reasonable attorney attorney's fees 117
179	179	and expenses incurred and paid by the wrongfully incarcerated 118
180	180	person in connection with all criminal proceedings and appeals 119
181	181	regarding the wrongful conviction, to be calculated by the 120
182	182	department based upon the supporting documentation submitted as 121
183	183	specified in s. 961.05 .;and 122
184	184	(e) Notwithstanding any provision to the contrary in s. 123
185	185	943.0583 or s. 943.0585, immediate administrative expunction of 124
186	186	the person's criminal record resulting from his or her wrongful 125
187	187
188	188	HB 37 2024
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191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0037-00
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195	195	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
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197	197
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199	199	arrest, wrongful conviction, and wrongful incarceration. The 126
200	200	Department of Legal Affairs and the Department of Law 127
201	201	Enforcement shall, upon a determination that a claimant is 128
202	202	entitled to compensation, immediately take all action necessary 129
203	203	to administratively expunge the claimant's criminal record 130
204	204	arising from his or her wrongful arrest, wrongful conviction, 131
205	205	and wrongful incarceration. All fees for this process shall be 132
206	206	waived. 133
207	207	134
208	208	The total compensation awarded under paragraphs (a), (c), and 135
209	209	(d) may not exceed $2 million. No further award for attorney 136
210	210	attorney's fees, lobbying fees, costs, or other similar expenses 137
211	211	shall be made by the state. 138
212	212	(2) In calculating monetary compensation under paragraph 139
213	213	(1)(a), a wrongfully incarcerated person who is placed on par ole 140
214	214	or community supervision while serving the sentence resulting 141
215	215	from the wrongful conviction and who commits no more than one 142
216	216	felony that is not a violent felony which results in revocation 143
217	217	of the parole or community supervision is eligible for 144
218	218	compensation for the total number of years incarcerated. A 145
219	219	wrongfully incarcerated person who commits one violent felony or 146
220	220	more than one felony that is not a violent felony that results 147
221	221	in revocation of the parole or community supervision is 148
222	222	ineligible for any com pensation under subsection (1). 149
223	223	(2)(3) Except as provided in subsection (4), within 15 150
224	224
225	225	HB 37 2024
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229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb0037-00
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232	232	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
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236	236	calendar days after issuing notice to the claimant that his or 151
237	237	her claim satisfies all of the requirements under this act, the 152
238	238	department shall notify the Chief Financial Officer to draw a 153
239	239	warrant from the General Revenue Fund or another source 154
240	240	designated by the Legislature in law for the purchase of an 155
241	241	annuity for the claimant based on the total amount determined by 156
242	242	the department under this act. 157
243	243	(3)(4) The Chief Financial Officer shall issue payment in 158
244	244	the amount determined by the department to an insurance company 159
245	245	or other financial institution admitted and authorized to issue 160
246	246	annuity contracts in this state to purchase an annuity or 161
247	247	annuities, selected by the wrongfully incarcerated person, for a 162
248	248	term of not less than 10 years. The Chief Financial Officer is 163
249	249	directed to execute all necessary agreements to implement this 164
250	250	act and to maximize the benefit to the wrongfully incarcerated 165
251	251	person. The terms of the ann uity or annuities shall: 166
252	252	(a) Provide that the annuity or annuities may not be sold, 167
253	253	discounted, or used as security for a loan or mortgage by the 168
254	254	wrongfully incarcerated person. 169
255	255	(b) Contain beneficiary provisions for the continued 170
256	256	disbursement of the a nnuity or annuities in the event of the 171
257	257	death of the wrongfully incarcerated person. 172
258	258	(4)(a) The Chief Financial Officer may not draw a warrant 173
259	259	to purchase an annuity for a claimant who is currently 174
260	260	incarcerated: 175
261	261
262	262	HB 37 2024
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266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb0037-00
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269	269	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
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273	273	1. In a county, city, or federal jail or other 176
274	274	correctional facility or an institution operated by the 177
275	275	Department of Corrections for a felony conviction other than a 178
276	276	crime for which the claimant was wrongfully convicted; or 179
277	277	2. Due to the revocation of parole or probation for a 180
278	278	felony conviction other than a crime for which the claimant was 181
279	279	wrongfully convicted. 182
280	280	(b) After a term of incarceration described in 183
281	281	subparagraph (a)1. or subparagraph (a)2. has concluded, the 184
282	282	Chief Financial Officer shall commence with the drawing of a 185
283	283	warrant as described in this section. 186
284	284	(5) Before the department approves the application for 187
285	285	compensation, the wrongfully incarcerated person must sign a 188
286	286	release and waiver on behalf of the wrongfully incarcerated 189
287	287	person and his or her heirs, successors, and assigns, fo rever 190
288	288	releasing the state or any agency, instrumentality, or any 191
289	289	political subdivision thereof, or any other entity subject to s. 192
290	290	768.28, from all present or future claims that the wrongfully 193
291	291	incarcerated person or his or her heirs, successors, or assigns 194
292	292	may have against such entities arising out of the facts in 195
293	293	connection with the wrongful conviction for which compensation 196
294	294	is being sought under the act. 197
295	295	(6)(a) A wrongfully incarcerated person may not submit an 198
296	296	application for compensation under this act if the person has a 199
297	297	lawsuit pending against the state or any agency, 200
298	298
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303	303	CODING: Words stricken are deletions; words underlined are additions.
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306	306	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
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308	308
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310	310	instrumentality, or any political subdivision thereof, or any 201
311	311	other entity subject to the provisions of s. 768.28, in state or 202
312	312	federal court requesting compensation arising out of the fa cts 203
313	313	in connection with the claimant's conviction and incarceration. 204
314	314	(b) A wrongfully incarcerated person may not submit an 205
315	315	application for compensation under this act if the person is the 206
316	316	subject of a claim bill pending for claims arising out of the 207
317	317	facts in connection with the claimant's conviction and 208
318	318	incarceration. 209
319	319	(c) Once an application is filed under this act, a 210
320	320	wrongfully incarcerated person may not pursue recovery under a 211
321	321	claim bill until the final disposition of the application. 212
322	322	(d) Any amount awarded under this act is intended to 213
323	323	provide the sole compensation for any and all present and future 214
324	324	claims arising out of the facts in connection with the 215
325	325	claimant's conviction and incarceration. Upon notification by 216
326	326	the department that an applic ation meets the requirements of 217
327	327	this act, a wrongfully incarcerated person may not recover under 218
328	328	a claim bill. 219
329	329	(e) Any compensation awarded under a claim bill shall be 220
330	330	the sole redress for claims arising out of the facts in 221
331	331	connection with the claimant's conviction and incarceration and, 222
332	332	upon any award of compensation to a wrongfully incarcerated 223
333	333	person under a claim bill, the person may not receive 224
334	334	compensation under this act. 225
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336	336	HB 37 2024
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340	340	CODING: Words stricken are deletions; words underlined are additions.
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343	343	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
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347	347	(7) Any payment made under this act does not constitute a 226
348	348	waiver of any defense of sovereign immunity or an increase in 227
349	349	the limits of liability on behalf of the state or any person 228
350	350	subject to the provisions of s. 768.28 or any other law. 229
351	351	Section 5. Section 961.07, Florida Statutes, is amended to 230
352	352	read: 231
353	353	961.07 Continuing appro priation.—Beginning in the 2024-232
354	354	2025 2008-2009 fiscal year and continuing each fiscal year 233
355	355	thereafter, a sum sufficient to pay the approved payments under 234
356	356	s. 961.03(1)(b) this act is appropriated from the General 235
357	357	Revenue Fund to the Chief Financial Officer , which sum is 236
358	358	further appropriated for expenditure pursuant to the provisions 237
359	359	of this act. 238
360	360	Section 6. This act shall take effect July 1, 2024. 239