FL
Florida House Bill H0059

Florida 2025 Regular Session

Florida House Bill H0059 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to compensation of victims of wrongful 2
1616 incarceration; amending s. 961.02, F.S.; deleting the 3
1717 definition of the term "violent felony"; amending s. 4
1818 961.03, F.S.; expanding the period during which a 5
1919 petition for compensation for wrongful incar ceration 6
2020 may be filed; providing that certain persons who had 7
2121 petitions dismissed or who had not previously filed 8
22-such petitions may file such petitions; prohibiting a 9
23-deceased person's heirs, successors, or assigns from 10
24-filing a petition; amending s. 961. 04, F.S.; providing 11
25-that a wrongfully incarcerated person is not eligible 12
26-for compensation for any period of incarceration 13
27-during which the person was concurrently serving a 14
28-sentence for a conviction of another felony for which 15
29-such person was lawfully inc arcerated; deleting 16
30-provisions excluding persons convicted of violent 17
31-felonies from compensation; deleting other exclusions; 18
32-amending s. 961.06, F.S.; revising provisions 19
33-concerning the offset of civil judgments in favor of 20
34-claimants against awards; provid ing that the Chief 21
35-Financial Officer may not draw a warrant to purchase 22
36-an annuity for a claimant in certain circumstances; 23
37-amending s. 961.07, F.S.; revising provisions 24
38-concerning a continuing appropriation for certain 25
22+such petitions may file such petitions; amending s. 9
23+961.04, F.S.; providing that a wrongfully incarcerated 10
24+person is not eligible for compensa tion for any period 11
25+of incarceration during which the person was 12
26+concurrently serving a sentence for a conviction of 13
27+another felony for which such person was lawfully 14
28+incarcerated; deleting provisions excluding persons 15
29+convicted of violent felonies from co mpensation; 16
30+deleting other exclusions; amending s. 961.06, F.S.; 17
31+revising provisions concerning the offset of civil 18
32+judgments in favor of claimants against awards; 19
33+providing that the Chief Financial Officer may not 20
34+draw a warrant to purchase an annuity for a claimant 21
35+in certain circumstances; amending s. 961.07, F.S.; 22
36+revising provisions concerning a continuing 23
37+appropriation for certain payments; providing that 24
38+certain payments are subject to specific 25
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4747 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-payments; providing that certain pay ments are subject 26
52-to specific appropriation; providing an effective 27
53-date. 28
51+appropriation; providing an effective date. 26
52+ 27
53+Be It Enacted by the Legislature of the State of Florida: 28
5454 29
55-Be It Enacted by the Legislature of the State of Florida: 30
56- 31
57- Section 1. Subsection (6) of section 961.02, Florida 32
58-Statutes, is amended to read: 33
59- 961.02 Definitions. —As used in ss. 961.01-961.07, the 34
60-term: 35
61- (6) "Violent felony" means a felony listed in s. 36
62-775.084(1)(c)1. or s. 948.06(8)(c). 37
63- Section 2. Paragraph (b) of subsection (1) of section 38
64-961.03, Florida Statutes, is amended, and paragraph (c) is added 39
65-to that subsection, to read: 40
66- 961.03 Determination of status as a wrongfully 41
67-incarcerated person; determination of eligibility for 42
68-compensation.— 43
69- (1) 44
70- (b) The person must file the petition with the court: 45
71- 1. Within 2 years 90 days after the order vacating a 46
72-conviction and sentence becomes final and the criminal charges 47
73-against the person are dismissed or the person is retried and 48
74-acquitted if the person's conviction and sentence is vacated on 49
75-or after July 1, 2025 2008. 50
55+ Section 1. Subsection (6) of section 961.02, Florida 30
56+Statutes, is amended to read: 31
57+ 961.02 Definitions. —As used in ss. 961.01 -961.07, the 32
58+term: 33
59+ (6) "Violent felony" means a felony listed in s. 34
60+775.084(1)(c)1. or s. 948.06(8)(c). 35
61+ Section 2. Paragraph (b) of subsection (1) of section 36
62+961.03, Florida Statutes, is amended to read: 37
63+ 961.03 Determination of status as a wrongfully 38
64+incarcerated person; determination of eligibility for 39
65+compensation.— 40
66+ (1) 41
67+ (b) The person must file the petition with the court: 42
68+ 1. Within 2 years 90 days after the order vacating a 43
69+conviction and sentence becomes final and the criminal charges 44
70+against the person are dismissed or the person is retried and 45
71+acquitted if the person's conviction and sentence is vacated on 46
72+or after July 1, 2025 2008. 47
73+ 2. By July 1, 2027 2010, if the person's conviction and 48
74+sentence was vacated and the criminal charges against the person 49
75+were dismissed or the person was retried and acquitted on or 50
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8484 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- 2. By July 1, 2027 2010, if the person's conv iction and 51
89-sentence was vacated and the criminal charges against the person 52
90-were dismissed or the person was retried and acquitted on or 53
91-after January 1, 2006, but before July 1, 2025, and he or she 54
92-previously filed a petition under this section that was 55
93-dismissed or no petition was filed under this section because: 56
94- a. The date on which the criminal charges against the 57
95-person were dismissed or the date on which the person was 58
96-acquitted upon retrial occurred more than 90 days after the date 59
97-of the final order vacating the conviction and sentence; or 60
98- b. The person was convicted of an unrelated felony before 61
99-or during his or her wrongful conviction and incarceration and 62
100-was ineligible for compensation under s. 961.04 as it existed 63
101-before July 1, 2025. 64
102- (c) A deceased person's heirs, successors, or assigns do 65
103-not have standing to file a petition on the deceased person's 66
104-behalf under this section by an order that became final prior to 67
105-July 1, 2008. 68
106- Section 3. Section 961.04, Florida Statutes, is amended to 69
107-read: 70
108- 961.04 Eligibility for compensation for wrongful 71
109-incarceration.—A wrongfully incarcerated person is not eligible 72
110-for compensation under the act for any period of incarceration 73
111-during which the person was concurrently serving a sentence for 74
112-a conviction of another felony for which such person was 75
88+after January 1, 2006, but before July 1, 2025, and he or she 51
89+previously filed a petition under this section that was 52
90+dismissed or no petition was filed under this section because: 53
91+ a. The date on which the criminal charges against the 54
92+person were dismissed or the date on which the person was 55
93+acquitted upon retrial occurred more than 90 days after the date 56
94+of the final order vacating the conviction and sentence; or 57
95+ b. The person was convicted of an unrelated felony before 58
96+or during his or her wrongful conviction and incarceration and 59
97+was ineligible for compensation under s. 961.04 as it existed 60
98+before July 1, 2025. 61
99+ c. A deceased person's heirs, successors, or assigns did 62
100+not have standing to file a petition on the deceased person's 63
101+behalf under this section by an order that became final prior to 64
102+July 1, 2008. 65
103+ Section 3. Section 961.04, Florida Statutes, is amended to 66
104+read: 67
105+ 961.04 Eligibility for compensation for wrongful 68
106+incarceration.—A wrongfully incarcerated person is not eligible 69
107+for compensation under the act for any period of incarceration 70
108+during which the person was concurrently serving a sentence for 71
109+a conviction of another felony for which such person was 72
110+lawfully incarcerated. if: 73
111+ (1) Before the person's wrongful conviction and 74
112+incarceration, the person was convicted of, or pled guilty or 75
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121121 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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125-lawfully incarcerated. if: 76
126- (1) Before the person's wrongful conviction and 77
127-incarceration, the person was convicted of, or pled guilty or 78
128-nolo contendere to, regardless of adjudication, any violent 79
129-felony, or a crime committed in another jurisdiction the 80
130-elements of which would constitute a violent felony in this 81
131-state, or a crime committed against the United States which is 82
132-designated a violent felony, excluding any delinquency 83
133-disposition; 84
134- (2) Before the person's wrongful conviction and 85
135-incarceration, the person was convicted of, or pled guilty or 86
136-nolo contendere to, regardless of adjudication, more than one 87
137-felony that is not a violent felony, or more than one crime 88
138-committed in another jurisdiction, the elements of which would 89
139-constitute a felony in this state, or more than one crime 90
140-committed against the United States which is designated a 91
141-felony, excluding any delinquency disposition; 92
142- (3) During the person's wrongful incarceration, the person 93
125+nolo contendere to, regardless of adjudication, any violent 76
126+felony, or a crime committed in another jurisdiction the 77
127+elements of which would constitute a violent felony in this 78
128+state, or a crime committed against the United States which is 79
129+designated a violent felony, excluding any delinquency 80
130+disposition; 81
131+ (2) Before the person 's wrongful conviction and 82
132+incarceration, the person was convicted of, or pled guilty or 83
133+nolo contendere to, regardless of adjudication, more than one 84
134+felony that is not a violent felony, or more than one crime 85
135+committed in another jurisdiction, the elemen ts of which would 86
136+constitute a felony in this state, or more than one crime 87
137+committed against the United States which is designated a 88
138+felony, excluding any delinquency disposition; 89
139+ (3) During the person's wrongful incarceration, the person 90
140+was convicted of, or pled guilty or nolo contendere to, 91
141+regardless of adjudication, any violent felony; 92
142+ (4) During the person's wrongful incarceration, the person 93
143143 was convicted of, or pled guilty or nolo contendere to, 94
144-regardless of adjudication, any violent felony; 95
145- (4) During the person's wrongful incarceration, the person 96
146-was convicted of, or pled guilty or nolo contendere to, 97
147-regardless of adjudication, more than o ne felony that is not a 98
148-violent felony; or 99
149- (5) During the person's wrongful incarceration, the person 100
144+regardless of adjudication, more than one felony that is not a 95
145+violent felony; or 96
146+ (5) During the person's wrongful incarceration, the person 97
147+was also serving a concurrent sentence for another felony for 98
148+which the person was not wrongfully convicted. 99
149+ Section 4. Section 961.06, Florida Statutes, is a mended to 100
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158158 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-was also serving a concurrent sentence for another felony for 101
163-which the person was not wrongfully convicted. 102
164- Section 4. Section 961.06, Florida Stat utes, is amended to 103
165-read: 104
166- 961.06 Compensation for wrongful incarceration. — 105
167- (1) Except as otherwise provided in this act and subject 106
168-to the limitations and procedures prescribed in this section, a 107
169-person who is found to be entitled to compensation under the 108
170-provisions of this act is entitled to all of the following : 109
171- (a) Monetary compensation for wrongful incarceration, 110
172-which shall be calculated at a rate of $50,000 for each year of 111
173-wrongful incarceration, prorated as necessary to account for a 112
174-portion of a year. For persons found to be wrongfully 113
175-incarcerated after December 31, 2005 2008, the Chief Financial 114
176-Officer may adjust the annual rate of compensation for inflation 115
177-using the change in the December -to-December "Consumer Price 116
178-Index for All Urban Consumers" of the Bureau of Labor Statistics 117
179-of the Department of Labor .; 118
180- (b) A waiver of tuition and fees for up to 120 hours of 119
181-instruction at any career center established under s. 1001.44, 120
182-any Florida College System institution as defined in s. 121
183-1000.21(5), or any state university as defined in s. 1000.21(9), 122
184-if the wrongfully incarcerated person meets and maintains the 123
185-regular admission requirements of such career center, Florida 124
186-College System institution, or state university; remains 125
162+read: 101
163+ 961.06 Compensation for wrongful incarceration. — 102
164+ (1) Except as otherwise provided in this act and subject 103
165+to the limitations and procedures prescribed in this section, a 104
166+person who is found to be entitled to compensation under the 105
167+provisions of this act is entitled to all of the following : 106
168+ (a) Monetary compensation for wrongful incarceration, 107
169+which shall be calculated at a rate of $50,000 for each year of 108
170+wrongful incarceration, prorated as necessary to account for a 109
171+portion of a year. For persons found to be wrongfully 110
172+incarcerated after December 31, 2005 2008, the Chief Financial 111
173+Officer may adjust the annual rate of compensation for inflation 112
174+using the change in the December -to-December "Consumer Price 113
175+Index for All Urban Consumers" of the Bureau of Labor Statistics 114
176+of the Department of Labor .; 115
177+ (b) A waiver of tuition and fees for up to 120 hours of 116
178+instruction at any career center established under s. 1001.44, 117
179+any Florida College System institution as defined in s. 118
180+1000.21(5), or any state university as defined in s. 1000.21(9), 119
181+if the wrongfully incarcerated person meets and maintains the 120
182+regular admission requirements of such career center, Florida 121
183+College System institution, or state university; remains 122
184+registered at such educati onal institution; and makes 123
185+satisfactory academic progress as defined by the educational 124
186+institution in which the claimant is enrolled .; 125
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195195 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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199-registered at such educational institution; and makes 126
200-satisfactory academic progress as defined by the educational 127
201-institution in which the claimant is enrolled .; 128
202- (c) The amount of any fine, penalty, or court costs 129
203-imposed and paid by the wrongfully incarcerated person .; 130
204- (d) The amount of any reasonable attorney attorney's fees 131
205-and expenses incurred and paid by the wrongfully incarcerated 132
206-person in connection with all criminal proceedings and appeals 133
207-regarding the wrongful conviction, to be calculated by the 134
208-department based upon the supporting documentation submitted as 135
209-specified in s. 961.05 .; and 136
210- (e) Notwithstanding any provision to the contrary in s. 137
211-943.0583 or s. 943.0585, immediate administrative expunction of 138
212-the person's criminal record resulting from his or her wrongful 139
213-arrest, wrongful conviction, and wrongful incarceration. The 140
214-Department of Legal Affairs and the Department of Law 141
215-Enforcement shall, upon a determination that a claimant is 142
216-entitled to compensation, immediately take all action necessary 143
217-to administratively expunge the claimant's criminal record 144
218-arising from his or her wrongful arrest, wrongful conviction, 145
219-and wrongful incarceration. All fees for this process shall be 146
220-waived. 147
221- 148
222-The total compensation awarded under paragraphs (a), (c), and 149
223-(d) may not exceed $2 million. No further award for attorney 150
199+ (c) The amount of any fine, penalty, or court costs 126
200+imposed and paid by the wrongfully incarcerated person .; 127
201+ (d) The amount of any reasonable attorney attorney's fees 128
202+and expenses incurred and paid by the wrongfully incarcerated 129
203+person in connection with all criminal proceedings and appeals 130
204+regarding the wrongful conviction, to be calculated by the 131
205+department based upo n the supporting documentation submitted as 132
206+specified in s. 961.05 .; and 133
207+ (e) Notwithstanding any provision to the contrary in s. 134
208+943.0583 or s. 943.0585, immediate administrative expunction of 135
209+the person's criminal record resulting from his or her wrongf ul 136
210+arrest, wrongful conviction, and wrongful incarceration. The 137
211+Department of Legal Affairs and the Department of Law 138
212+Enforcement shall, upon a determination that a claimant is 139
213+entitled to compensation, immediately take all action necessary 140
214+to administratively expunge the claimant's criminal record 141
215+arising from his or her wrongful arrest, wrongful conviction, 142
216+and wrongful incarceration. All fees for this process shall be 143
217+waived. 144
218+ 145
219+The total compensation awarded under paragraphs (a), (c), and 146
220+(d) may not exceed $2 million. No further award for attorney 147
221+attorney's fees, lobbying fees, costs, or other similar expenses 148
222+shall be made by the state. 149
223+ (2) In calculating monetary compensation under paragraph 150
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232232 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-attorney's fees, lobbying fees, costs, or other similar expenses 151
237-shall be made by the state. 152
238- (2) In calculating monetary compensation under paragraph 153
239-(1)(a), a wrongfully incarcerated person who is placed on parole 154
240-or community supervision while serving the sentence resulting 155
241-from the wrongful conviction and who commits no more than one 156
242-felony that is not a violent felony which results in revocation 157
243-of the parole or community supervision is eligible for 158
244-compensation for the total number of years incarcerated. A 159
245-wrongfully incarcerated person who commits one violent felony or 160
246-more than one felony that is not a violent felony that results 161
247-in revocation of the parole or community supervision is 162
248-ineligible for any compensation under subsection (1). 163
249- (2)(3) Except as provided in subsection (9), within 15 164
250-calendar days after issuing notice to the claimant that his or 165
251-her claim satisfies all of the requirements under this act, the 166
252-department shall notify the Chief Financial Officer to draw a 167
253-warrant from the General Revenue Fund or another source 168
254-designated by the Legislature in law for the purchase of an 169
255-annuity for the claimant based on the total amount determined by 170
256-the department under this act. 171
257- (3)(4) The Chief Financial Officer shall issue payment in 172
258-the amount determined by the department to an insurance company 173
259-or other financial institution admitted and authorized to issue 174
260-annuity contracts in this state to purchase an annuity or 175
236+(1)(a), a wrongfully incarcerated person who is placed on p arole 151
237+or community supervision while serving the sentence resulting 152
238+from the wrongful conviction and who commits no more than one 153
239+felony that is not a violent felony which results in revocation 154
240+of the parole or community supervision is eligible for 155
241+compensation for the total number of years incarcerated. A 156
242+wrongfully incarcerated person who commits one violent felony or 157
243+more than one felony that is not a violent felony that results 158
244+in revocation of the parole or community supervision is 159
245+ineligible for any c ompensation under subsection (1). 160
246+ (2)(3) Except as provided in subsection (9), within 15 161
247+calendar days after issuing notice to the claimant that his or 162
248+her claim satisfies all of the requirements under this act, the 163
249+department shall notify the Chief Fina ncial Officer to draw a 164
250+warrant from the General Revenue Fund or another source 165
251+designated by the Legislature in law for the purchase of an 166
252+annuity for the claimant based on the total amount determined by 167
253+the department under this act. 168
254+ (3)(4) The Chief Financial Officer shall issue payment in 169
255+the amount determined by the department to an insurance company 170
256+or other financial institution admitted and authorized to issue 171
257+annuity contracts in this state to purchase an annuity or 172
258+annuities, selected by the wro ngfully incarcerated person, for a 173
259+term of not less than 10 years. The Chief Financial Officer is 174
260+directed to execute all necessary agreements to implement this 175
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269269 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-annuities, selected by the wrongfully incarcerated person, for a 176
274-term of not less than 10 years. The Chief Financial Officer is 177
275-directed to execute all necessary agreements to implement this 178
276-act and to maximize the benefit to the wrongfully incarcerated 179
277-person. The terms of the annuity or annuities shall: 180
278- (a) Provide that the annuity or annuities may not be sold, 181
279-discounted, or used as security for a loan or mortgage by the 182
280-wrongfully incarcerated person. 183
281- (b) Contain beneficiary provisions for the continued 184
282-disbursement of the annuity or annuities in the event of the 185
283-death of the wrongfully incarcerated person. 186
284- (4) If, when monetary compensation is determined under 187
285-paragraph (1)(a), a court has previously entered a monetary 188
286-judgment in favor of the claimant in a civil ac tion related to 189
287-the claimant's wrongful incarceration, or the claimant has 190
288-entered into a settlement agreement with the state or any 191
289-political subdivision thereof related to the claimant's wrongful 192
290-incarceration, the amount of the damages in the civil acti on or 193
291-settlement agreement, less any sums paid for attorney fees or 194
292-costs incurred in litigating the civil action or obtaining the 195
293-settlement agreement, shall be deducted from the total monetary 196
294-compensation to which the claimant is entitled under this 197
295-section. 198
296- (5)(a) If subsection (4) does not apply and if, after 199
297-monetary compensation is determined under paragraph (1)(a): 200
273+act and to maximize the benefit to the wrongfully incarcerated 176
274+person. The terms of the annuity or annuities shall: 177
275+ (a) Provide that the annuity or annuities may not be sold, 178
276+discounted, or used as security for a loan or mortgage by the 179
277+wrongfully incarcerated person. 180
278+ (b) Contain beneficiary provisions for the continued 181
279+disbursement of the annui ty or annuities in the event of the 182
280+death of the wrongfully incarcerated person. 183
281+ (4) If, when monetary compensation is determined under 184
282+paragraph (1)(a), a court has previously entered a monetary 185
283+judgment in favor of the claimant in a civil action relate d to 186
284+the claimant's wrongful incarceration, or the claimant has 187
285+entered into a settlement agreement with the state or any 188
286+political subdivision thereof related to the claimant's wrongful 189
287+incarceration, the amount of the damages in the civil action or 190
288+settlement agreement, less any sums paid for attorney fees or 191
289+costs incurred in litigating the civil action or obtaining the 192
290+settlement agreement, shall be deducted from the total monetary 193
291+compensation to which the claimant is entitled under this 194
292+section. 195
293+ (5)(a) If subsection (4) does not apply and if, after 196
294+monetary compensation is determined under paragraph (1)(a): 197
295+ 1. The court enters a monetary judgment in favor of the 198
296+claimant in a civil action related to the claimant's wrongful 199
297+incarceration; or 200
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306306 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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310- 1. The court enters a monetary judgment in favor of the 201
311-claimant in a civil action related to the claimant's wrongful 202
312-incarceration; or 203
313- 2. The claimant enters into a settlement agreement with 204
314-the state or any political subdivision thereof related to the 205
315-claimant's wrongful incarceration, 206
316- 207
317-the claimant shall reimburse the state for the monetary 208
318-compensation paid under paragraph (1)(a) , less any sums paid for 209
319-attorney fees or costs incurred in litigating the civil action 210
320-or obtaining the settlement agreement. 211
321- (b) A reimbursement required under this subsection may not 212
322-exceed the amount of the monetary award the claimant received 213
323-for damages in a civil action or settlement agreement. 214
324- (c) In the order of judgment, the court shall award to the 215
325-state any amount required to be deducted under this subsection. 216
326- (6)(a) The claimant shall notify the department upon 217
327-filing a civil action against the state or any political 218
328-subdivision thereof in which the claimant is seeking monetary 219
329-damages related to the claimant's wrongful incarceration for 220
330-which he or she previously received or is applying to receive 221
331-compensation under paragraph (1)(a). 222
332- (b) Upon notice of the claimant's civil action, the 223
333-department shall file in the case a notice of payment of 224
334-monetary compensation to the claimant under paragraph (1)(a). 225
310+ 2. The claimant enters into a settlement agreement with 201
311+the state or any political subdivision thereof related to the 202
312+claimant's wrongful incarceration, 203
313+ 204
314+the claimant shall reimburse the state for the monetary 205
315+compensation paid under paragraph (1)(a), less any sums paid for 206
316+attorney fees or costs incurred in litigating the civil action 207
317+or obtaining the settlement agreement. 208
318+ (b) A reimbursement required under this subsection may not 209
319+exceed the amount of the monetary award the claimant received 210
320+for damages in a civil action or settlement agreement. 211
321+ (c) In the order of judgment, the court shall award to the 212
322+state any amount required to be deducted under this subsection. 213
323+ (6)(a) The claimant shall notify the department upon 214
324+filing a civil action against the state or any political 215
325+subdivision thereof in which the claimant is seeking monetary 216
326+damages related to the claimant's wrongful incarceration for 217
327+which he or she previously received or is applying to receive 218
328+compensation under paragraph (1)(a). 219
329+ (b) Upon notice of the claimant's civil action, the 220
330+department shall file in the case a notice of payment of 221
331+monetary compensation to the claimant under paragraph (1)(a). 222
332+The notice shall constitute a lien upon any monetary judgment or 223
333+settlement recovered under th e civil action which is equal to 224
334+the sum of monetary compensation paid to the claimant under 225
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343343 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-The notice shall constitute a lien upon any monetary judgment or 226
348-settlement recovered under the civil action which is equal to 227
349-the sum of monetary compensation paid to the claimant under 228
350-paragraph (1)(a), less any attorney fees and costs incurred in 229
351-litigating the civil action or obtaining the settlement 230
352-agreement 231
353- (5) Before the depar tment approves the application for 232
354-compensation, the wrongfully incarcerated person must sign a 233
355-release and waiver on behalf of the wrongfully incarcerated 234
356-person and his or her heirs, successors, and assigns, forever 235
357-releasing the state or any agency, ins trumentality, or any 236
358-political subdivision thereof, or any other entity subject to s. 237
359-768.28, from all present or future claims that the wrongfully 238
360-incarcerated person or his or her heirs, successors, or assigns 239
361-may have against such entities arising out o f the facts in 240
362-connection with the wrongful conviction for which compensation 241
363-is being sought under the act . 242
364- (6)(a) A wrongfully incarcerated person may not submit an 243
365-application for compensation under this act if the person has a 244
366-lawsuit pending against the state or any agency, 245
367-instrumentality, or any political subdivision thereof, or any 246
368-other entity subject to the provisions of s. 768.28, in state or 247
369-federal court requesting compensation arising out of the facts 248
370-in connection with the claimant's convic tion and incarceration. 249
371- (7)(a)(b) A wrongfully incarcerated person may not submit 250
347+paragraph (1)(a), less any attorney fees and costs incurred in 226
348+litigating the civil action or obtaining the settlement 227
349+agreement 228
350+ (5) Before the department approv es the application for 229
351+compensation, the wrongfully incarcerated person must sign a 230
352+release and waiver on behalf of the wrongfully incarcerated 231
353+person and his or her heirs, successors, and assigns, forever 232
354+releasing the state or any agency, instrumentality , or any 233
355+political subdivision thereof, or any other entity subject to s. 234
356+768.28, from all present or future claims that the wrongfully 235
357+incarcerated person or his or her heirs, successors, or assigns 236
358+may have against such entities arising out of the facts in 237
359+connection with the wrongful conviction for which compensation 238
360+is being sought under the act . 239
361+ (6)(a) A wrongfully incarcerated person may not submit an 240
362+application for compensation under this act if the person has a 241
363+lawsuit pending against the state o r any agency, 242
364+instrumentality, or any political subdivision thereof, or any 243
365+other entity subject to the provisions of s. 768.28, in state or 244
366+federal court requesting compensation arising out of the facts 245
367+in connection with the claimant's conviction and inc arceration. 246
368+ (7)(a)(b) A wrongfully incarcerated person may not submit 247
369+an application for compensation under this act if the person is 248
370+the subject of a claim bill pending for claims arising out of 249
371+the facts in connection with the claimant's conviction and 250
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380380 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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384-an application for compensation under this act if the person is 251
385-the subject of a claim bill pending for claims arising out of 252
386-the facts in connection with the claimant's co nviction and 253
387-incarceration. 254
388- (b)(c) Once an application is filed under this act, a 255
389-wrongfully incarcerated person may not pursue recovery under a 256
390-claim bill until the final disposition of the application. 257
391- (c)(d) Any amount awarded under this act is inte nded to 258
392-provide the sole compensation for any and all present and future 259
393-claims arising out of the facts in connection with the 260
394-claimant's conviction and incarceration. Upon notification by 261
395-the department that an application meets the requirements of 262
396-this act, a wrongfully incarcerated person may not recover under 263
397-a claim bill. 264
398- (d)(e) Any compensation awarded under a claim bill shall 265
399-be the sole redress for claims arising out of the facts in 266
400-connection with the claimant's conviction and incarceration and, 267
401-upon any award of compensation to a wrongfully incarcerated 268
402-person under a claim bill, the person may not receive 269
403-compensation under this act. 270
404- (8)(7) Any payment made under this act does not constitute 271
405-a waiver of any defense of sovereign immunity or an increase in 272
406-the limits of liability on behalf of the state or any person 273
407-subject to the provisions of s. 768.28 or any other law. 274
408- (9)(a) The Chief Financial Officer may not draw a warrant 275
384+incarceration. 251
385+ (b)(c) Once an application is filed under this act, a 252
386+wrongfully incarcerated person may not pursue recovery under a 253
387+claim bill until the final disposition of the application. 254
388+ (c)(d) Any amount awarded under this act is intended to 255
389+provide the sole compensation for any and all present and future 256
390+claims arising out of the facts in connection with the 257
391+claimant's conviction and incarceration. Upon notification by 258
392+the department that an application meets the requirements of 259
393+this act, a wrongfully incarcerated person may not recover under 260
394+a claim bill. 261
395+ (d)(e) Any compensation awarded under a claim bill shall 262
396+be the sole redress for claims arising out of the facts in 263
397+connection with the claimant's conviction and incarceration and, 264
398+upon any award of compensation to a wrongfully incarcerated 265
399+person under a claim bill, the person may not receive 266
400+compensation under this act. 267
401+ (8)(7) Any payment made under this act does not constitute 268
402+a waiver of any defense of sovereign immunity or an increase in 269
403+the limits of liability on behalf of the state or any person 270
404+subject to the provisions of s. 768.28 or any other law. 271
405+ (9)(a) The Chief Financial Officer may not draw a warrant 272
406+to purchase an annuity for a claimant who is currently 273
407+incarcerated: 274
408+ 1. In a county, city, or federal jail or other 275
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417417 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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421-to purchase an annuity for a claimant who is currently 276
422-incarcerated: 277
423- 1. In a county, city, or federal jail or other 278
424-correctional facility or an institution operated by the 279
425-Department of Corrections for a felony conviction other than a 280
426-crime for which the claimant was wrongfully convicted; or 281
427- 2. Due to the revocation of parole or probation for a 282
428-felony conviction other than a crime for which the claimant was 283
429-wrongfully convicted. 284
430- (b) After a term of incarceration described in 285
431-subparagraph (a)1. or subparagraph (a)2. has concluded, the 286
432-Chief Financial Officer shall c ommence with the drawing of a 287
433-warrant as described in this section. 288
434- Section 5. Section 961.07, Florida Statutes, is amended to 289
435-read: 290
436- 961.07 Continuing appropriation. — 291
437- (1) Beginning in the 2025-2026 2008-2009 fiscal year and 292
438-continuing each fiscal year thereafter, a sum sufficient to pay 293
439-the approved payments under s. 961.03(1)(b) this act is 294
440-appropriated from the General Revenue Fund to the Chief 295
441-Financial Officer, which sum is further appropriated for 296
442-expenditure pursuant to the provisions of this act. 297
443- (2) Payments for petitions filed pursuant to s. 298
444-961.03(1)(b)2. are subject to specific appropriation. 299
445- Section 6. This act shall take effect July 1, 2025. 300
421+correctional facility or an institution operated by the 276
422+Department of Corrections for a felony conviction other than a 277
423+crime for which the claimant was wrongfully convicted; or 278
424+ 2. Due to the revocation of parole o r probation for a 279
425+felony conviction other than a crime for which the claimant was 280
426+wrongfully convicted. 281
427+ (b) After a term of incarceration described in 282
428+subparagraph (a)1. or subparagraph (a)2. has concluded, the 283
429+Chief Financial Officer shall commence with the drawing of a 284
430+warrant as described in this section. 285
431+ Section 5. Section 961.07, Florida Statutes, is amended to 286
432+read: 287
433+ 961.07 Continuing appropriation. — 288
434+ (1) Beginning in the 2025-2026 2008-2009 fiscal year and 289
435+continuing each fiscal year thereafter, a sum sufficient to pay 290
436+the approved payments under s. 961.03(1)(b) this act is 291
437+appropriated from the General Revenue Fund to the Chief 292
438+Financial Officer, which sum is further appropriated for 293
439+expenditure pursuant to the provisions of this act. 294
440+ (2) Payments for petitions filed pursuant to s. 295
441+961.03(1)(b)2. are subject to specific appropriation. 296
442+ Section 6. This act shall take effect July 1, 2025. 297