Florida 2025 Regular Session

Florida Senate Bill S0130

Introduced
12/20/24  
Refer
1/15/25  
Engrossed
3/27/25  
Engrossed
3/27/25  
Refer
4/28/25  

Caption

Compensation of Victims of Wrongful Incarceration

Impact

The bill is expected to have significant implications for Florida's criminal justice system by ensuring more equitable treatment for those who have been wrongfully incarcerated. By eliminating exclusions for individuals who were convicted of violent felonies prior to their wrongful incarceration, the legislation acknowledges the complexities that often accompany wrongful convictions. This change is anticipated to increase the number of claimants receiving compensation, thereby enhancing support for those who suffered due to judicial errors. The revisions also emphasize the need for timely processing of claims, ensuring that exonerated individuals can quickly access their entitled compensation.

Summary

S0130 is a legislative act aimed at updating the framework for compensating victims of wrongful incarceration in Florida. The bill amends several sections of the Florida Statutes to redefine eligibility, streamline the petition process, and provide clearer financial compensation guidelines for wrongfully convicted individuals. Notably, it broadens the scope of who can be compensated and removes previous exclusions related to violent felonies, thereby allowing more individuals who have faced wrongful convictions to seek justice and financial reparation. The compensation is designated as $50,000 for each year of wrongful incarceration, with provisions also for tuition waivers and immediate administrative expunction of criminal records related to wrongful convictions.

Sentiment

The overall sentiment surrounding S0130 is one of cautious optimism among advocates for criminal justice reform. Proponents of the bill, including various civil rights organizations, view the amendments as a vital step toward correcting injustices in the legal system and ensuring that wrongfully incarcerated individuals receive the support they deserve. However, some legislators expressed concerns regarding the potential financial implications for state resources and the difficulty of determining eligibility, which reflect ongoing tensions in discussions about penal reform and victim compensation.

Contention

One notable point of contention in the discussions around S0130 is the change regarding compensation for those previously convicted of violent felonies. Some lawmakers voiced worries that this alteration could lead to a surge of new claims from individuals with complex criminal histories, potentially straining taxpayer resources. Others countered that justice demands fairness, arguing that past convictions should not negate the reality of wrongful incarceration. The bill also outlines specific financial mechanics that would dictate how compensation is allocated, further fueling debate on the fiscal responsibility of the state in accommodating such reforms.

Companion Bills

FL H0059

Same As Compensation of Victims of Wrongful Incarceration

Previously Filed As

FL H0037

Compensation for Wrongfully Incarcerated Persons

FL H0305

Offenses Involving Children

FL H1235

Sexual Predators and Sexual Offenders

FL H6003

Relief/Sidney Holmes/State of Florida

FL H1385

Human Trafficking, Prostitution, and Lewdness

FL H0651

Civil Liability for the Wrongful Death of an Unborn Child

FL H1605

Crime Victim's Rights

FL H0751

Use of Criminal History in Licensing

FL H1539

Career Offenders

FL H0969

Direct Filing of an Information

Similar Bills

FL H0043

Compensation for Wrongfully Incarcerated Persons

FL H0059

Compensation of Victims of Wrongful Incarceration

FL H0037

Compensation for Wrongfully Incarcerated Persons

FL H0241

Compensation for Eligible Victims of Wrongful Incarceration

PA HB1470

In limitation of time, further providing for six months limitation; in matters affecting government units, further providing for exceptions to sovereign immunity, for limitations on damages and for exceptions to governmental immunity and providing for claims for compensation for wrongful conviction; in general administration, providing for services after wrongful conviction; and, in Pennsylvania Board of Probation and Parole, further providing for powers and duties of department.

PA SB791

In limitation of time, further providing for six months limitation; in matters affecting government units, further providing for exceptions to sovereign immunity, for limitations on damages and for exceptions to governmental immunity and providing for claims for compensation for wrongful conviction; in general administration, providing for services after wrongful conviction; and, in Pennsylvania Board of Probation and Parole, further providing for powers and duties of department.

VA HB640

Wrongful incarceration; compensation.

KY HB206

AN ACT relating to wrongful conviction compensation.