Florida Senate - 2016                              (NP)    SB 24
       By Senator Grimsley
       21-00143-16                                             201624__
    1                        A bill to be entitled                      
    2         An act for the relief of Clinton Treadway; providing
    3         an appropriation and certain benefits to compensate
    4         Clinton Treadway for being wrongfully incarcerated for
    5         7 years and 25 days; directing the Chief Financial
    6         Officer to draw a warrant for the purchase of an
    7         annuity; providing conditions for the purchase of the
    8         annuity; requiring the Department of Legal Affairs and
    9         the Department of Law Enforcement to immediately
   10         expunge Clinton Treadway’s criminal record arising
   11         from his wrongful incarceration; waiving all fees
   12         related to the expunction of his criminal record;
   13         providing that the act does not waive certain defenses
   14         or increase the state’s liability; providing that
   15         certain benefits and the appropriation satisfy all
   16         present and future claims related to the wrongful
   17         arrest, conviction, and incarceration of Clinton
   18         Treadway; providing a limitation on the payment of
   19         fees and costs; providing that unused benefits
   20         provided under the act shall be revoked and that
   21         remaining sums shall revert to the General Revenue
   22         Fund upon any future finding that Clinton Treadway is
   23         not innocent of the alleged crimes for which he was
   24         wrongfully incarcerated; providing an effective date.
   26         WHEREAS, Clinton Treadway was arrested on June 11, 2005,
   27  and convicted on February 6, 2006, of four counts of uttering a
   28  forged instrument and four counts of grand theft, and
   29         WHEREAS, Clinton Treadway has always maintained his
   30  innocence of the offenses, and
   31         WHEREAS, based on new evidence in the case, the Office of
   32  the State Attorney in the 10th Judicial Circuit determined with
   33  certainty that Clinton Treadway did not participate in the
   34  offenses for which he was convicted, and
   35         WHEREAS, on July 3, 2012, the Circuit Court in the 10th
   36  Judicial Circuit granted a motion for postconviction relief,
   37  vacated the judgment and sentence of Clinton Treadway as entered
   38  on February 6, 2006, and ordered a new trial, and
   39         WHEREAS, the state filed a nolle prosequi as related to the
   40  retrial on July 3, 2012, and Clinton Treadway was released from
   41  physical confinement on July 5, 2012, and
   42         WHEREAS, the Legislature acknowledges that the state’s
   43  system of justice yielded an imperfect result that had tragic
   44  consequences in this case, and
   45         WHEREAS, as a result of his physical confinement and the
   46  deprivation of the exercise of freedom to which all innocent
   47  citizens are entitled, Clinton Treadway suffered significant
   48  damages that are unique to him, and
   49         WHEREAS, before his wrongful conviction for the
   50  aforementioned offenses, Clinton Treadway pled guilty to
   51  unrelated felonies, and
   52         WHEREAS, because of his prior felony convictions, Clinton
   53  Treadway is ineligible for compensation under chapter 961,
   54  Florida Statutes, and
   55         WHEREAS, the Legislature is providing compensation to
   56  Clinton Treadway to acknowledge the fact that he suffered
   57  significant damages that are unique to him, and
   58         WHEREAS, the compensation provided by this act is the sole
   59  compensation from the state for any and all present and future
   60  claims arising in connection with Clinton Treadway’s wrongful
   61  arrest, wrongful conviction, and wrongful incarceration, and
   62         WHEREAS, Clinton Treadway may not seek future compensation
   63  from the state or any agency, instrumentality, or political
   64  subdivision thereof, or any other entity subject to s. 768.28,
   65  Florida Statutes, in state or federal court, for any and all
   66  present or future claims arising out of the facts in connection
   67  with his wrongful arrest, wrongful conviction, and wrongful
   68  incarceration, and
   69         WHEREAS, the Legislature apologizes to Clinton Treadway on
   70  behalf of the state, NOW, THEREFORE,
   72  Be It Enacted by the Legislature of the State of Florida:
   74         Section 1. The facts stated in the preamble to this act are
   75  found and declared to be true.
   76         Section 2. The sum of $350,000 is appropriated from the
   77  General Revenue Fund to the Department of Financial Services for
   78  the relief of Clinton Treadway for the injuries and damages he
   79  sustained as a result of his wrongful arrest, wrongful
   80  conviction, and wrongful incarceration.
   81         Section 3. The Chief Financial Officer is directed to draw
   82  a warrant in the sum of $350,000 upon the funds of the
   83  Department of Financial Services in the State Treasury, which
   84  shall be payable to an insurance company or other financial
   85  institution admitted and authorized to issue annuity contracts
   86  in this state and selected by Clinton Treadway, to purchase an
   87  annuity or annuities on behalf of Clinton Treadway for a term of
   88  not less than 10 years. The terms of the annuity or annuities
   89  must provide that the annuity or annuities may not be sold,
   90  discounted, or used as security for a loan or mortgage by
   91  Clinton Treadway and must contain beneficiary provisions for the
   92  continued disbursement of the annuity or annuities in the event
   93  of the death of Clinton Treadway. The Chief Financial Officer is
   94  directed to execute all necessary agreements to implement this
   95  section and to maximize the benefit of the annuity or annuities
   96  to Clinton Treadway.
   97         Section 4. The Chief Financial Officer shall purchase the
   98  annuity or annuities required by this act upon delivery by
   99  Clinton Treadway to the Chief Financial Officer, the Department
  100  of Financial Services, the President of the Senate, and the
  101  Speaker of the House of Representatives of a release executed by
  102  Clinton Treadway for himself and on behalf of his heirs,
  103  successors, and assigns, fully and forever releasing and
  104  discharging the State of Florida, and its agencies and
  105  subdivisions, as defined in s. 768.28(2), Florida Statutes, from
  106  any and all present or future claims or declaratory relief that
  107  Clinton Treadway or any of his heirs, successors, or assigns may
  108  have against the State of Florida, and its agencies and
  109  subdivisions, as defined in s. 768.28(2), Florida Statutes,
  110  arising out of the factual situation in connection with the
  111  wrongful arrest, wrongful conviction, and wrongful incarceration
  112  for which compensation is awarded under this act. Without
  113  limitation of the foregoing, the release shall specifically
  114  release and discharge the Sheriff of Polk County, in his
  115  official capacity, and any current or former sheriffs, deputies,
  116  agents, or employees of the Sheriff of Polk County, in their
  117  individual capacities, from all claims, causes of action,
  118  demands, rights, and claims for attorney fees or costs, of
  119  whatever kind or nature, whether in law or equity, including,
  120  but not limited to, any claims pursuant to 42 U.S.C. s. 1983,
  121  which Clinton Treadway had, has, or may in the future have or
  122  claim to have, whether known or unknown, against the Sheriff of
  123  Polk County, and his assigns, successors in interest,
  124  predecessors in interest, heirs, employees, agents, servants,
  125  officers, directors, deputies, insurers, reinsurers, and excess
  126  insurers, in their official and individual capacities, which
  127  arise out of, are associated with, or are a cause of, the
  128  wrongful arrest, wrongful conviction, and wrongful incarceration
  129  for which compensation is awarded under this act, including any
  130  known or unknown loss, injury, or damage related to or caused by
  131  the same and which may arise in the future.
  132         Section 5. Notwithstanding Section 4, this act does not
  133  prohibit Clinton Treadway from seeking declaratory action to
  134  obtain judicial expunction of his criminal record as related to
  135  the arrest and conviction of uttering a forged instrument and
  136  grand theft within a judicial or executive branch agency as
  137  otherwise provided by law. The Department of Legal Affairs and
  138  the Department of Law Enforcement shall immediately take all
  139  action necessary to administratively expunge Clinton Treadway’s
  140  criminal record arising from his wrongful arrest, wrongful
  141  conviction, and wrongful incarceration. All fees related to the
  142  expunction process are waived.
  143         Section 6. Tuition and fees for Clinton Treadway shall be
  144  waived for up to a total of 120 hours of instruction at any
  145  career center established under s. 1001.44, Florida Statutes,
  146  any Florida College System institution as defined in s.
  147  1000.21(3), Florida Statutes, or any state university as defined
  148  in s. 1000.21(6), Florida Statutes, if Clinton Treadway meets
  149  and maintains the regular admissions requirements of such career
  150  center, Florida College System institution, or state university;
  151  remains registered at such educational institution; and makes
  152  satisfactory academic progress as defined by the educational
  153  institution in which he is enrolled.
  154         Section 7. The Legislature, by this act, does not waive any
  155  defense of sovereign immunity or increase the limits of
  156  liability on behalf of the state or any person or entity that is
  157  subject to s. 768.28, Florida Statutes, or any other law.
  158         Section 8. This award is intended to provide the sole
  159  compensation for any and all present and future claims arising
  160  out of the factual situation in connection with Clinton
  161  Treadway’s wrongful arrest, wrongful conviction, and wrongful
  162  incarceration. No further award, including attorney fees,
  163  lobbying fees, costs, or other similar expenses, may be made to
  164  Clinton Treadway by the state or any agency, instrumentality, or
  165  political subdivision thereof, or any other entity, including
  166  any county constitutional office, officer, or employee, in state
  167  or federal court.
  168         Section 9. If a future factual finding determines, by DNA
  169  evidence or otherwise, that Clinton Treadway participated in any
  170  manner related to the four counts of uttering a forged
  171  instrument or four counts of grand theft, the unused benefits
  172  awarded to Clinton Treadway under this act, including any
  173  disbursements remaining under any annuity purchased on his
  174  behalf, shall be immediately revoked and any remaining sums
  175  shall revert to the General Revenue Fund.
  176         Section 10. This act shall take effect upon becoming a law.