Florida 2025 2025 Regular Session

Florida Senate Bill S0130 Analysis / Analysis

Filed 03/04/2025

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Appropriations Committee on Criminal and Civil Justice  
 
BILL: SB 130 
INTRODUCER:  Senator Bradley 
SUBJECT:  Compensation of Victims of Wrongful Incarceration 
DATE: March 4, 2025 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Cellon Stokes CJ Favorable 
2. Atchley Harkness ACJ  Pre-meeting 
3.     FP  
 
I. Summary: 
SB 130 amends the Victims of Wrongful Incarceration Compensation Act by amending 
s. 961.02, F.S., to remove an unnecessary definition. 
 
The bill amends s. 961.03, F.S., to: 
• Prospectively extend the filing deadline for a petition under the Act 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, if the person’s 
conviction and sentence is vacated on or after July 1, 2025. 
• Retroactively authorize a person to file a petition for determination of status as a wrongfully 
incarcerated person and determination of eligibility for compensation by July 1, 2027, under 
specified circumstances. 
• Provide that a deceased person’s heirs, successors, or assigns do not have standing to file a 
petition on the deceased person’s behalf. 
 
Section 961.04, F.S., is amended to remove the bar to compensation for a petitioner who has 
been convicted of a violent felony or multiple nonviolent felonies before or during his or her 
wrongful conviction and incarceration. A person continues to be ineligible for compensation for 
any period of wrongful incarceration during which the person was serving a concurrent sentence 
for which he or she was not wrongfully incarcerated. 
 
Section 961.06, F.S., is amended to prohibit the Chief Financial Officer (CFO) from drawing a 
warrant to purchase an annuity to pay a claimant for his or her wrongful incarceration if the 
claimant is currently incarcerated under specified circumstances. The bill also provides for 
reimbursement arrangements for the state under circumstances relating to the claimant and any 
successful civil litigation in which he or she may prevail. 
 
Section 961.07, F.S., is amended to provide for funds to be appropriated. 
REVISED:   BILL: SB 130   	Page 2 
 
 
While there are existing limitations on compensation ($50,000 per year of wrongful incarceration 
up to a limit of $2 million) for a qualified claimant, it is not possible to quantify the additional 
number of people who may be compensable. Therefore, the fiscal impact of the bill is 
indeterminate, but likely significant. See Section V. Fiscal Impact Statement. 
 
The bill takes effect on July 1, 2025. 
II. Present Situation: 
Victims of Wrongful Incarceration Act 
Since 2000, 23 people in Florida have been exonerated or released from incarceration as a result 
of post-conviction DNA testing, false or misleading forensic evidence, mistaken identity, 
perjury, or false accusations.
1
 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
 
 
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 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 the 
offense.
4
 
 
As of February 2023, five people have qualified for and been awarded a total of $6,276,900 as 
compensation under the Act.
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. 
 
1
 Frank Lee Smith, Jerry Townsend, Rudolph Holton, Wilton Dedge, Luis Diaz, Orlando Boquete, Alan Crotzer, Larry Bostic, Cody Davis, 
Chad Heins, William Dillon, James Bain, Anthony Caravella, Derrick Williams, Cheydrick Britt, Narcisse Antoine, Clemente Aguirre-
Jarquin, Dean McKee, Ronald Stewart, and Robert Duboise have been released from prison or exonerated in Florida. The National Registry 
of Exonerations; A Project of the University of California Irvine Newkirk Center for Science & Society, 
University of Michigan Law School & Michigan State University College of Law, available at 
https://www.law.umich.edu/special/exoneration/Pages/browse.aspx?View=%7bB8342AE7-6520-4A32-8A06-
4B326208BAF8%7d&FilterField1=State&FilterValue1=Florida&FilterField2=DNA&FilterValue2=8%5FDNA(last visited February 4, 
2025). 
2
 Chapter 2008–39, L.O.F. 
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. Section 961.02(4), F.S. 
4
 Section 961.02(7), F.S. 
5
 E-mail from the Department of Legal Affairs dated February 13, 2023, (on file with the Senate Criminal Justice Committee).  BILL: SB 130   	Page 3 
 
 
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. According to the Innocence Project, six exonerees in 
Florida are barred from receiving compensation as a result of missing the 90 day filing deadline.
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. 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 facts related to the petitioner’s alleged wrongful 
 
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. 
Section 961.03(1)(b), F.S. 
7
 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 February 6, 2025). 
8
 Section 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. 
Section 961.03(3), F.S. 
10
 Section 961.03(3), F.S. 
11
 Section 961.03(4)(a), F.S.  BILL: SB 130   	Page 4 
 
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 the 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 the DLA.
18
 
 
The “Clean Hands” Provision 
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
 
 
 
12
 Section 961.03(4)(b), F.S. 
13
 Section 961.03(6)(a), F.S. 
14
 Section 961.03(5), F.S. 
15
 Section 961.03(6)(b), F.S. 
16
 Section 961.03(6)(c), F.S. 
17
 Section 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. Section 961.03(7), F.S. 
19
 Chapter 2008-39, L.O.F. 
20
 Chapter 2017-120, L.O.F. 
21
 Section. 961.04, F.S.  BILL: SB 130   	Page 5 
 
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 parole or 
community supervision is ineligible for any compensation under the Act. 
• No more than one nonviolent felony which results in revocation of 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: 
• Section 755.084(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, 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. At least 17 exonerees in Florida are currently ineligible to receive compensation under 
the Act because of the “clean hands” requirement.
25
 
 
22
 Section 961.06(2), F.S. 
23
 Section 961.02(6), F.S. 
24
 The National Registry of Exonerations; Issues, Compensation, Charts; Key Provisions in Wrongful Compensation Law, available at 
https://www.law.umich.edu/special/exoneration/Documents/IP%20-%20Key%20Provisions.pdf (last visited February 6, 2025). 
25
 Jeffrey Gutman, Compensation Under the Microscope, George Washington University Law School,  BILL: SB 130   	Page 6 
 
 
The 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 the DLA for compensation, if he or she is otherwise eligible to apply, within 
two years.
26
 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
27
 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,
28
 and once the DLA notifies a claimant that his or her application meets 
the requirements of the Act, he or she is prohibited from seeking additional compensation under 
a claim bill.
29, 30
 
 
Only the claimant, not the claimant’s estate or its personal representative, may apply for 
compensation.
31
 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 the 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’s fees and expenses. 
 
The 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. The DLA must process and review each completed application 
within 90 days.
32
 
 
 
(2022),https://www.law.umich.edu/special/exoneration/Documents/UTM%20Florida.pdf (last visited February 6, 2025) 
26
 Section 961.05(1) and (2), F.S. 
27
 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). 
28
 Section 961.06(6)(c), F.S. 
29
 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. Section 961.06(6)(d), F.S. 
30
 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 compensation for wrongful incarceration 
through the claim bill process: Alan Crotzer (2008), William Dillon (2017), and Clifford Williams (2020). 
31
 Section 961.05(2), F.S. 
32
 Section 961.05(5), F.S.  BILL: SB 130   	Page 7 
 
Before the 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.
33
 Once DLA determines whether a claim meets the Act’s 
requirements, it must notify the claimant within five business days of its determination.
34
 If DLA 
determines that a claimant meets the Act’s requirements, the wrongfully incarcerated person 
becomes entitled to compensation.
35
 
 
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’s 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.
36
 
 
Within 15 calendar days after the DLA issues notice to the claimant that his or her claim satisfies 
all of the requirements under the Act, the 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 the DLA.
37
 Section 961.07, 
F.S., currently provides for a continuing appropriation from the General Revenue Fund to the 
CFO for payments under the Act.
38
 
 
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 the 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
 
 
III. Effect of Proposed Changes: 
The bill amends s. 961.02, F.S., to remove of the definition of the term “violent felony” to 
conform to changes made by the bill. 
 
 
33
 Section 961.06(5), F.S. 
34
 Section 961.05(5), F.S. 
35
 Section 961.05(6), F.S. 
36
 Section 961.06(1), F.S. 
37
 Section 961.06(3), F.S. 
38
 Section 961.06(1), F.S. 
39
 Id. 
40
 Section 961.06(4), F.S.  BILL: SB 130   	Page 8 
 
The bill amends s. 961.03, F.S., to prospectively extend the filing deadline for a petition under 
the Act 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, if the person’s conviction and sentence is vacated on or after July 1, 2025. 
 
The bill also amends s. 961.03, F.S., to retroactively authorize a person to file a petition for 
determination of status as a wrongfully incarcerated person and determination of eligibility for 
compensation by July 1, 2027, if: 
• The person’s conviction and sentence was vacated and the criminal charges against the 
person were dismissed, or the person was retried and acquitted, after January 1, 2006, but 
before July 1, 2025; and 
• The person previously filed a petition that was dismissed or did not file a petition, because 
the: 
o Date when the criminal charges against the person were dismissed or the date the person 
was acquitted occurred more than 90 days after the date of the final order vacating his or 
her conviction and sentence; or 
o Person was convicted of an unrelated felony before or during his or her wrongful 
conviction and incarceration and was ineligible to receive compensation under s. 961.04, 
F.S., the “clean hands” requirement. 
 
Additionally, the bill provides that a deceased person’s heirs, successors, or assigns do not have 
standing to file a petition on the deceased person’s behalf. 
 
The bill amends s. 961.04, F.S., to remove the bar to compensation for a petitioner who has been 
convicted of a violent felony or multiple nonviolent felonies before or during his or her wrongful 
conviction and incarceration, thereby making such a person eligible to seek compensation under 
the Act. A person continues to be ineligible for compensation for any period of wrongful 
incarceration during which the person was serving a concurrent sentence for a felony offense for 
which he or she was not wrongfully incarcerated. 
 
The bill amends s. 961.06, F.S., to remove the provision stating that a person who is on parole or 
community supervision from the wrongful incarceration and commits a violent felony or more 
than one felony that results in the revocation of parole or community supervision is ineligible for 
any compensation. 
 
The bill amends s. 961.06, F.S., to prohibit the CFO from drawing a warrant to purchase an 
annuity to pay a claimant for his or her wrongful incarceration if the claimant is currently 
incarcerated: 
• For a felony conviction other than the crime for which the compensation is owed; or  
• Due to the revocation of parole or probation for a felony conviction other than a crime for 
which the compensation is owed. 
 
The CFO must commence with the drawing of a warrant after the term of imprisonment for the 
wrongful conviction has concluded unless the claimant is incarcerated on a felony, a parole 
revocation, or a felony probation violation unrelated to the wrongful incarceration. When the 
claimant’s incarceration is concluded, the CFO will commence drawing the warrant. 
  BILL: SB 130   	Page 9 
 
The bill clarifies that when monetary compensation for the claimant is determined, and if the 
claimant has previously prevailed in a civil case against the state or another party related to the 
wrongful incarceration, the amount of the damages will be deducted from the monetary 
compensation and reimbursed to the state or other party related to the wrongful incarceration. 
The bill also provides for additional reimbursement arrangements by the claimant determined by 
the timing of the claimant’s civil judgments.  
 
Likewise, the bill addresses the claimant’s application for wrongful incarceration compensation 
as it relates to a claim bill. The claimant may not apply for compensation if he or she is the 
subject of a pending claim bill. If the application has been filed, the wrongfully incarcerated 
person may not pursue a claim bill until the final disposition of the compensation application. 
Upon the award of claim bill compensation to the wrongfully incarcerated person, he or she may 
not receive compensation under this act.    
 
The bill also amends s. 961.07, F.S., to provide that beginning in Fiscal Year 2025-2026, and 
continuing each fiscal year thereafter, a sum sufficient to pay the approved payments under 
s. 961.03(1)(b)1., F.S.,
41
 is appropriated from the General Revenue Fund to the Chief Financial 
Officer, which sum is further appropriated for expenditure pursuant to the Victims of Wrongful 
Incarceration Act. Petitions filed pursuant to s. 961.03(1)(b)2., F.S.,
42
 are subject to specific 
appropriation. 
 
The bill takes effect on July 1, 2025. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
 
41
 Subparagraph 961.03(1)(b)1., F.S., extends the time for filing a petition 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, if the person’s 
conviction and sentence is vacated on or after July 1, 2025. 
42
 Subparagraph s. 961.03(1)(b)2., F.S., extends the time for filing a petition to July 1, 2025, if the: 
• Person’s conviction and sentence was vacated and the criminal charges against the person were dismissed, or the person was retried 
and acquitted, after January 1, 2006, but before July 1, 2025; and 
• Person previously filed a petition that was dismissed or did not file a petition, because the: 
o Date when the criminal charges against the person were dismissed or the date the person was acquitted occurred more than 90 
days after the date of the final order vacating his or her conviction and sentence; or  
o Person was convicted of an unrelated felony before or during his or her wrongful conviction and incarceration and was 
ineligible to receive compensation under s. 961.04, F.S., the “clean hands” requirement (emphasis added).  BILL: SB 130   	Page 10 
 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None. 
C. Government Sector Impact: 
The bill will likely expand the number of persons who qualify for compensation from the 
state due to the extended timelines and parameters for seeking compensation based on a 
wrongful incarceration claim. While there are existing limitations on compensation 
($50,000 per year of wrongful incarceration up to a limit of $2 million) for a person, it is 
not possible to quantify the additional number of people who may be compensable.  
 
The Innocence Project of Florida identified 18 exonerees who were denied compensation 
under current law but who would likely be eligible if the bill were to be passed. The fiscal 
impact of those 18 exonerees is estimated to be $15 million. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes: 961.03, 961.04, 
961.06, and 961.07. 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None.  BILL: SB 130   	Page 11 
 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.