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