STORAGE NAME: h0059b.BUC
DATE: 3/18/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 59
TITLE: Compensation of Victims of Wrongful
Incarceration
SPONSOR(S): Koster
COMPANION BILL: SB 130 (Bradley)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Criminal Justice
17 Y, 0 N, As CS
Budget
Judiciary
SUMMARY
Effect of the Bill:
CS/HB 59 removes the “clean hands” provision of the Victims of Wrongful Incarceration Compensation Act (Act) to
allow a person with any prior criminal conviction who is otherwise eligible to receive compensation under the Act.
The bill retains the bar to compensation for any period of incarceration during which a person was also
concurrently serving a sentence for another felony conviction for which he or she was lawfully incarcerated.
The bill prospectively extends the deadline to file a petition for status as a “wrongfully incarcerated person” from
90 days to within two years after an order vacating a conviction and sentence becomes final and the criminal
charges against a person are dismissed or the person is retried and acquitted. The bill authorizes a person to file a
petition by July 1, 2027, if he or she was previously precluded from filing because his or her case wasn’t dismissed
or otherwise resolved prior to the 90-day filing deadline or he or she was previously ineligible because of the “clean
hands” requirement.
The bill also removes provisions prohibiting a wrongfully incarcerated person from bringing both a civil lawsuit
and filing for compensation under the Act and replaces these provisions with an offset provision whereby the
person must repay the state if he or she receives a monetary award both under the Act and through a civil lawsuit.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on state government due to an increased number of eligible
applicants under the expanded criteria. The bill specifies that payments for certain claims filed under the bill are
subject to specific appropriation.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
CS/HB 59 removes the "clean hands" provision of the Victims of Wrongful Incarceration Compensation Act (Act) to
allow a person with any prior criminal conviction who is otherwise eligible to receive compensation under the Act.
The bill retains the bar to compensation for any period of incarceration during which a person was also
concurrently serving a sentence for another felony conviction for which he or she was lawfully incarcerated.
(Sections 3 and 4).
The bill prospectively extends the deadline to file a petition for status as a “wrongfully incarcerated person” from
90 days to within two years after an order vacating a conviction and sentence becomes final and the criminal
charges against a person are dismissed or the person is retried and acquitted. Additionally, the bill authorizes a
person to file a petition by July 1, 2027, if the person’s conviction and sentence was vacated and the criminal
charges were dismissed or the person was retried and acquitted on or after January 1, 2006, but before July 1,
2025, and the person previously filed a petition that was dismissed or did not file a claim under ch. 961, F.S.,
because the: JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Date the person’s criminal charges were dismissed or the date the person was acquitted upon retrial
occurred more than 90 days after the date of the final order vacating the conviction and sentence; or
Person was convicted of an unrelated felony before or during his or her wrongful conviction and
incarceration and was ineligible under the “clean hands” provision. (Section 2).
The bill removes provisions from the Act:
Requiring a claimant to sign a release and waiver releasing the state or any agency, instrumentality, or any
political subdivision thereof, from all present and future claims arising from the facts related to the
claimant’s wrongful conviction and incarceration before the Department of Legal Affairs (DLA) may
approve his or her application for compensation.
Prohibiting a wrongfully incarcerated person from applying for compensation under the Act if he or she has
a civil lawsuit pending against the state or any agency, instrumentality, or political subdivision thereof, in
state or federal court requesting compensation based on facts related to the person’s conviction and
incarceration.
Providing that any amount awarded under the Act is intended to provide the sole compensation for any
and all present and future claims arising out of the facts in connection with the person’s conviction and
incarceration. (Section 4).
By removing the above described provisions from the Act, the bill prospectively allows a wrongfully incarcerated
person to:
Bring a civil lawsuit if he or she received compensation under the Act;
File for compensation under the Act if he or she previously received a money judgment from a civil lawsuit
based on the facts related to his or her wrongful incarceration;
File for compensation under the Act if he or she previously entered into a settlement agreement with the
state or any political subdivision thereof related to his or her wrongful incarceration; or
File for compensation under the Act if he or she has a civil lawsuit pending based on the facts related to his
or her wrongful incarceration. (Section 4).
However, the bill requires that the wrongfully incarcerated person repay the state if he or she receives monetary
compensation both under the Act and through a civil lawsuit or settlement agreement. More specifically, if the
person has previously received a court-ordered money judgment or entered into a settlement agreement and is
later awarded compensation under the Act, the total monetary compensation the person may receive under the Act
will be reduced by the amount of the monetary award in the civil action or settlement agreement, with the
exception of costs for attorney fees or other costs incurred during litigation or negotiations. (Section 4).
Furthermore, if the wrongfully incarcerated person files a civil lawsuit after receiving compensation under the Act:
The person must notify the state or its political subdivision that the person is seeking monetary damages
related to his or her wrongful incarceration for which he or she previously received compensation for
under the Act.
Upon receipt of such required notice, the DLA must file a notice in the case indicating that monetary
compensation was previously awarded to the person under the Act. Such notice will act as a lien upon any
monetary judgment or settlement recovered by the person.
The court entering judgment must in its final order of judgment award back to the state a sum equal to the
total monetary compensation the wrongfully incarcerated person received under the Act, excluding
attorney costs or other costs associated with the litigation or negotiations. However, such reimbursement
to the state may not exceed the total amount of the monetary award the person received for damages in the
civil action or through the settlement agreement. (Section 4).
The bill also:
Deletes the definition of “violent felony” as every use of the term is deleted by the bill. (Section 1).
Clarifies that heirs, successors, and assigns do not have standing to file a petition to determine eligibility for
compensation on behalf of a deceased person who was wrongfully incarcerated. (Section 2).
Authorizes the Chief Financial Officer (CFO) of the state to adjust the annual rate of compensation for
inflation for persons found to be wrongfully convicted after December 31, 2005 (instead of December 31,
2008). (Section 4). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Prohibits the CFO from drawing a warrant to purchase an annuity to pay a claimant who is currently
incarcerated for an unrelated felony or due to the revocation of parole or probation for an unrelated felony
and authorizes a warrant to be drawn when such period of incarceration ends. (Section 4).
Specifies that payments for claims filed under the lookback period created by the bill (for claims which
were barred under current law, but would be eligible under the bill until July 1, 2027) are subject to
specific appropriation. (Section 5).
The bill provides an effective date of July 1, 2025. (Section 6).
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate negative fiscal impact on state expenditures by potentially expanding the
number of persons eligible for wrongful incarceration compensation. A person who is entitled to compensation
may be compensated at the rate of $50,000 per year of wrongful incarceration, including any fine, penalty, imposed
court costs, reasonable attorney fees and expenses incurred and paid by the wrongfully incarcerated person, up to
a limit of $2 million. The bill provides that approved payments for eligible petitions filed under the Act are funded
through a continuing appropriation from the General Revenue Fund to the CFO.
1 The possibility that a person may
be compensated for wrongful incarceration is based upon unknown variables, such as the number of wrongful
incarcerations that currently exist or might exist in the future. As such, any prospective impacts on state
expenditures are indeterminate.
Updated information provided by the Innocence Project of Florida indicates that 18 exonerees could be eligible for
compensation under the lookback period created by the bill (for claims which were barred under current law, but
would be eligible under the bill until July 1, 2027). The estimated impact if all eligible exonerees impacted by the
lookback period apply for and are awarded compensation is approximately $15 million. However, the bill specifies
that payments for any petitions filed pursuant the lookback provision in the bill are subject to specific
appropriation.
PRIVATE SECTOR:
The bill may have a positive fiscal impact on persons who will be eligible for compensation under the bill’s
expanded eligibility criteria by allowing them to receive statutory compensation rather than pursuing a claim bill
or civil lawsuit.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Victims of Wrongful Incarceration Compensation Act
In 2008 the Legislature created The Victims of Wrongful Incarceration Compensation Act (Act).
2 The Act provides a
process by which a person whose conviction and sentence is vacated based upon exonerating evidence may
petition the court to seek and obtain compensation as a “wrongfully incarcerated person.”
3,4
A “wrongfully incarcerated person” is a person whose felony conviction and sentence has been vacated by a court
and for whom the original sentencing court has issued an order finding that the person neither committed the act
1
S. 961.07, F.S.
2
Ch. 2008–39, Laws of Fla.
3
To be eligible for compensation, a person must meet the definition of a “wrongfully incarcerated person” and not be
otherwise disqualified from seeking compensation under the Act because of disqualifying criminal history. S. 961.02(4), F.S.
4
Since 1989, 90 people in Florida have been exonerated or released from incarceration as a result of post-conviction DNA
testing, false or misleading forensic evidence, false confession, mistaken witness identification, official misconduct, perjury or
false accusations, or inadequate legal defense. More narrowly, since 1997, 23 people in Florida have been exonerated based, at
least in part, specifically on post-conviction DNA testing. The National Registry of Exonerations,
https://www.law.umich.edu/special/exoneration/Pages/detaillist.aspx?SortField=Title&View=%7bfaf6eddb-5a68-4f8f-8a52-
2c61f5bf9ea7%7d&FilterField1=ST&FilterValue1=FL&SortDir=Asc (last visited on Mar. 14, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
nor the offense that served as the basis for the conviction and incarceration and that the person did not aid, abet, or
act as an accomplice or accessory to a person who committed the act or offense.
5
Petition Process
To receive compensation under the Act, an exonerated person must file a petition with the original sentencing
court seeking status as a “wrongfully incarcerated person.” Section 961.03(1)(a), F.S., requires a petitioner to state:
That verifiable and substantial evidence of actual innocence exists;
With particularity, the nature and significance of the evidence of actual innocence; and
That the person is not disqualified under s. 961.04, F.S., from seeking compensation because he or she has
specified criminal history.
A person seeking compensation under the Act must file a petition with the court within 90 days after the order
vacating a conviction and sentence becomes final, if the person’s conviction and sentence is vacated on or after July
1, 2008.
6
Although a petitioner must submit proof of actual innocence in his or her petition, in some cases, after a conviction
is overturned, the state may choose to retry the person. In these cases, the 90-day filing deadline may require a
petitioner to file a petition with proof of actual innocence while he or she is still in custody or facing retrial.
7
Once the petition is filed, the prosecuting authority must respond to the petition within 30 days by:
Certifying to the court that, based upon the petition and verifiable and substantial evidence of the
petitioner’s actual innocence, no further criminal proceedings can or will be initiated against the petitioner,
that no questions of fact remain as to the petitioner’s wrongful incarceration, and that the petitioner is not
ineligible from seeking compensation under s. 961.04, F.S.; or
Contesting the evidence of actual innocence, the facts related to the petitioner’s alleged wrongful
incarceration, or whether the petitioner is ineligible from seeking compensation under s. 961.04, F.S.
8
If the prosecuting authority certifies the petitioner’s innocence and that no further charges can or will be filed and
that he or she is otherwise eligible for compensation, the original sentencing court
9 must certify to the Department
of Legal Affairs (DLA) that the petitioner qualifies as a wrongfully incarcerated person and is eligible for
compensation under s. 961.04, F.S.
10
If the prosecuting authority contests the petitioner’s actual innocence or eligibility for compensation based on his
or her prior criminal history:
The original sentencing court must use the pleadings and supporting documents to determine whether, by
a preponderance of the evidence, the petitioner is ineligible for compensation under s. 961.04, F.S.,
regardless of his or her claim of wrongful incarceration.
o If the court finds that the petitioner is ineligible under s. 961.04, F.S., it must dismiss the petition.
11
And the court determines that the petitioner is eligible under s. 961.04, F.S., but the prosecuting authority
also contests the nature, significance or effect of the evidence of the petitioner’s actual innocence, or the
5
S. 961.02(7), F.S.
6
Or by July 1, 2010, if the person’s conviction and sentence was vacated by an order that became final prior to July 1, 2008.
S. 961.03(1)(b), F.S.
7
According to the Innocence Project, as of 2022, six exonerees in Florida are barred from receiving compensation as a result of
missing the 90-day filing deadline. Jeffrey Gutman, Compensation Under the Microscope, George Washington University Law
School (2022) https://www.law.umich.edu/special/exoneration/Documents/UTM%20Florida.pdf (last visited Mar. 14, 2025).
8
S. 961.03(2), F.S.
9
Based upon the evidence of actual innocence, the prosecuting authority’s certification, and upon the court’s finding that the
petitioner has presented clear and convincing evidence that the petitioner committed neither the act nor the offense that
served as the basis for the conviction and incarceration, and that the petitioner did not aid, abet, or act as an accomplice to a
person who committed the act or offense. S. 961.03(3), F.S.
10
S. 961.03(3), F.S.
11
S. 961.03(4)(a), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
facts related to the petitioner’s alleged wrongful incarceration, the court is required to set forth its findings
on eligibility and transfer the petition to the Division of Administrative Hearings (DOAH).
12
When a petition is transferred to DOAH, a hearing before an administrative law judge (ALJ) must take place within
120 days after the transfer.
13 At the hearing, the petitioner must establish, by clear and convincing evidence, any
questions of fact, the nature, significance or effect of the evidence of actual innocence, and his or her eligibility for
compensation under the Act.
14 The prosecuting authority must appear at the hearing to contest any evidence of
actual innocence presented by the petitioner.
15 When the hearing concludes, the ALJ is required to file an order
with the original sentencing court within 45 days setting forth his or her findings and recommendation as to
whether the petitioner established by clear and convincing evidence that he or she qualifies as a wrongfully
incarcerated person.
16
Once the ALJ issues his or her findings and recommendation, the original sentencing court must, within 60 days,
issue its own order adopting or declining to adopt the ALJ’s findings and recommendation.
17 If the original
sentencing court concludes that the petitioner qualifies as a wrongfully incarcerated person who is eligible for
compensation under the Act, the court must issue an order certifying its findings to DLA.
18
“Clean Hands” Requirement
When the Act was passed in 2008,
19 a person was ineligible to receive compensation under s. 961.04, F.S., if he or
she was previously convicted of any other felony. As such, s. 961.04, F.S., became commonly known as the “clean
hands” requirement. The Act was amended in 2017,
20 to expand eligibility under the “clean hands” requirement,
making a petitioner ineligible to receive compensation if he or she was:
Convicted of any violent felony, or any crime committed in another jurisdiction the elements of which
would constitute a violent felony in Florida, or a federal crime designated a violent felony, excluding any
delinquency disposition, before or during his or her wrongful conviction and incarceration;
Convicted of more than one nonviolent felony, or more than one crime committed in another jurisdiction
the elements of which would constitute a felony in Florida, or more than one federal crime designated a
felony, excluding any delinquency disposition, before or during his or her wrongful conviction and
incarceration; or
Serving a concurrent sentence for another felony for which he or she was not wrongfully convicted during
the period of wrongful incarceration.
21
Additionally, under s. 961.06(2), F.S., a wrongfully incarcerated person who is placed on parole or community
supervision as a part of the sentence he or she is serving for his or her wrongful conviction and who commits:
One violent felony or more than one nonviolent felony that results in revocation of the parole or
community supervision is not eligible for any compensation under the Act.
No more than one nonviolent felony which results in revocation of the parole or community supervision is
eligible for compensation for the total number of years he or she was incarcerated.
22
For the purpose of determining a person’s eligibility, s. 961.02(6), F.S., defines a violent felony as any felony listed
in:
12
S. 961.03(4)(b), F.S.
13
S. 961.03(6)(a), F.S.
14
S. 961.03(5), F.S.
15
S. 961.03(6)(b), F.S.
16
S. 961.03(6)(c), F.S.
17
S. 961.03(6)(d), F.S.
18
The order must indicate that the ALJ’s findings are correct and the petitioner has met his or her burden of proof to establish
status as a wrongfully convicted person or if the ALJ findings indicate that the petitioner has not met his or her burden of
proof, that the court is declining to adopt the findings of the ALJ. S. 961.03(7), F.S.
19
Ch. 2008-39, Laws of Fla.
20
Ch. 2017-120, Laws of Fla.
21
S. 961.04, F.S.
22
S. 961.06(2), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
Section 775.084(1)(c)1., F.S., which includes: arson; sexual battery; robbery; kidnapping; aggravated child
abuse; aggravated abuse of an elderly person or disabled adult; aggravated assault with a deadly weapon;
murder; manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated
manslaughter of a child; unlawful throwing, placing, or discharging of a destructive device or bomb; armed
burglary; aggravated battery; aggravated stalking; home invasion/robbery; carjacking; or an offense
committed in another jurisdiction which has substantially similar elements to a listed crime; or
Section 948.06(8)(c), F.S., which includes: kidnapping or attempted kidnapping, false imprisonment of a
child under 13, or luring or enticing a child; murder or attempted murder, attempted felony murder, or
manslaughter; aggravated battery or attempted aggravated battery; sexual battery or attempted sexual
battery; lewd or lascivious battery or attempted lewd or lascivious battery; lewd or lascivious molestation,
lewd or lascivious conduct, lewd or lascivious exhibition, or lewd or lascivious exhibition on a computer;
robbery or attempted robbery, carjacking or attempted carjacking, or home invasion robbery or attempted
home invasion robbery; lewd or lascivious offense upon or in the presence of an elderly or disabled person
or attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person; sexual
performance by a child or attempted sexual performance by a child; computer pornography, transmission
of child pornography, or selling or buying of minors; poisoning food or water; abuse of a dead human body;
any burglary offense or attempted burglary offense that is a first or second degree felony; arson or
attempted arson; aggravated assault; aggravated stalking; aircraft piracy; unlawful throwing, placing, or
discharging of a destructive device or bomb; treason under s. 876.32, F.S.; or any offense committed in
another jurisdiction which would be a listed offense if it were committed in Florida.
23
Currently, the Federal Government, the District of Columbia, and 38 states have a process to compensate
wrongfully incarcerated individuals.
24 Florida’s wrongful incarceration compensation law is the only one in the
country that makes a person ineligible for compensation if he or she was previously convicted of certain unrelated
crimes.
25,26
Application Process
After the original sentencing court enters an order finding that the claimant meets the definition of a wrongfully
incarcerated person who is eligible for compensation, the claimant must submit an application to DLA for
compensation within two years.
27 Section 961.06, F.S., prohibits a wrongfully incarcerated person from applying
for compensation if he or she is the subject of a pending claim bill
28 which is based on his or her wrongful
conviction and incarceration. Similarly, once a claimant files an application for compensation, he or she may not
pursue recovery under a claim bill until the final disposition of his or her application,
29 and once DLA notifies a
claimant that his or her application meets the requirements of the Act, he or she is prohibited from recovering
compensation under a claim bill.
30, 31
23
S. 961.02(6), F.S.
24
Alaska, Arizona, Arkansas, Delaware, Georgia, Kentucky, New Mexico, North Dakota, Pennsylvania, South Carolina, South
Dakota, and Wyoming do not have compensation laws. The National Registry of Exonerations, Compensation Statutes: A
National Overview,
https://www.law.umich.edu/special/exoneration/Documents/Compensation%20Chart_Version%202024Dec%20%281%29.
pdf (last visited Mar. 14, 2025).
25
Id.
26
According to the Innocence Project and independent research conducted at George Washington University Law School, at
least 17 exonerees in Florida are currently ineligible to receive compensation under the Act because of the “clean hands”
requirement. Jeffrey Gutman, supra note 7.
27
S. 961.05(1) and (2), F.S.
28
S. 961.06(6)(b), F.S.; A claim bill is not an action at law, but rather is a legislative measure that directs the CFO, or if
appropriate, a unit of local government, to pay a specific sum of money to a claimant to satisfy an equitable or moral
obligation. The amount awarded under a claim bill is based on the Legislature’s concept of fair treatment of a person who has
been injured or damaged but who is without a complete judicial remedy or who is not otherwise compensable. Wagner v.
Orange Cty., 960 So. 2d 785, 788 (Fla. 5th DCA 2007).
29
S. 961.06(6)(c), F.S.
30
Any amount awarded under the Act is intended to provide the sole compensation for any and all present and future claims
arising out of the facts in connection with the claimant’s wrongful conviction and incarceration. S. 961.06(6)(d), F.S.
31
Since 2008, numerous claim bills have been filed on behalf of wrongfully incarcerated persons who were ineligible for
compensation under the Act because of the “clean hands” requirement. At least three such persons have received JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
Only the claimant, not the claimant’s estate or its personal representative, may apply for compensation.
32 Section
961.05(3), F.S., requires, in part, that a claimant’s application include:
A certified copy of the order vacating the conviction and sentence;
A certified copy of the original sentencing court's order finding the claimant to be a wrongfully incarcerated
person who is eligible for compensation under the Act;
Certified copies of the original judgment and sentence;
Documentation demonstrating the length of the sentence served, including documentation from the
Department of Corrections (DOC) regarding the person's admission into and release from the custody of
DOC;
Proof of identification demonstrating that the person seeking compensation is the same individual who
was wrongfully incarcerated;
All supporting documentation of any fine, penalty, or court costs imposed and paid by the wrongfully
incarcerated person; and
All supporting documentation of any reasonable attorney fees and expenses.
DLA is required to review the application, and within 30 days, notify the claimant of any errors or omissions and
request any additional information relevant to the review of the application. The claimant has 15 days after
notification of existing errors or omissions to supplement the application. DLA must process and review each
completed application within 90 days.
33
Before DLA approves an application, the wrongfully incarcerated person must sign a release and waiver on behalf
of himself or herself and his or her heirs, successors, and assigns, forever releasing the state or any agency, or any
political subdivision thereof, from all present or future claims that may arise out of the facts in connection with the
wrongful conviction for which compensation is being sought.
34 Once DLA determines whether a claim meets the
Act’s requirements, it must notify the claimant within five business days of its determination.
35 If DLA determines
that a claimant meets the Act’s requirements, the wrongfully incarcerated person becomes entitled to
compensation.
36
Compensation
Under s. 961.06, F.S., a wrongfully incarcerated person is entitled to:
Monetary compensation, at a rate of $50,000 for each year of wrongful incarceration;
A waiver of tuition and fees for up to 120 hours of instruction at a public career center, community college,
or state university;
A refund of fines, penalties, and court costs imposed and paid;
Reasonable attorney fees and expenses incurred and paid in connection with all criminal proceedings and
appeals regarding the wrongful conviction; and
Immediate administrative expunction of the person’s criminal record resulting from the wrongful arrest,
conviction, and incarceration.
37
Within 15 calendar days after DLA issues notice to the claimant that his or her claim satisfies all of the
requirements under the Act, DLA must notify the CFO to draw a warrant from the General Revenue Fund or
another source designated by the Legislature in law for the purchase of an annuity for the claimant based on the
total amount determined by DLA.
38 Section 961.07, F.S., currently provides for a continuing appropriation from the
General Revenue Fund to the CFO for payments under the Act.
compensation for wrongful incarceration through the claim bill process – Alan Crotzer (2008), William Dillon (2017), and
Clifford Williams (2020).
32
S. 961.05(2), F.S.
33
S. 961.05(5), F.S.
34
S. 961.06(5), F.S.
35
S. 961.05(5), F.S.
36
S. 961.05(6), F.S.
37
S. 961.06(1), F.S.; For persons found to be wrongfully incarcerated after December 31, 2008, the CFO may adjust the annual
rate of compensation.
38
S. 961.06(3), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
The total compensation awarded to a claimant may not exceed $2 million.
39 The CFO is required to issue payment
in the amount determined by DLA to an insurance company or other financial institution admitted and authorized
to issue annuity contracts to purchase an annuity or annuities, selected by the claimant, for a term not less than 10
years to distribute such compensation.
40
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023 CS/SB 382 Koster and Driskell Bradley The bill passed the Senate, but
died in the House.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Criminal Justice Subcommittee 17 Y, 0 N, As CS 2/19/2025 Hall Leshko
THE CHANGES ADOPTED BY THE
COMMITTEE:
Removed a conflict with existing statutory provisions and clarified that
heirs, successors, and assigns do not have standing to file a petition to
determine eligibility for compensation or to bring a claim for
compensation on behalf of a deceased person who was wrongfully
incarcerated.
Budget Committee Pridgeon Saag
Judiciary Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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39
S. 961.06(1), F.S.
40
S. 961.06(4), F.S.