CODING: Words stricken are deletions; words underlined are additions.
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Senators Holzendorf and Dudley moved the following
amendment:
SENATE AMENDMENT
Bill No. CS/HB 3035
Amendment No.
CHAMBER ACTION
Senate House
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11 Senators Holzendorf and Dudley moved the following amendment:
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13 Senate Amendment
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. The Division of Administrative Hearings is
18 directed to appoint an administrative law judge to conduct a
19 hearing and determine whether a basis for equitable relief
20 exists for the purpose of compensating claimants Freddie Lee
21 Pitts and Wilbert Lee for any wrongful act or omission of the
22 State of Florida, or officials thereof, which affected the
23 fundamental fairness of the criminal proceedings against the
24 claimants and resulted in their convictions. In conducting the
25 hearing, the administrative law judge shall review the trial
26 and appellate record of the criminal cases against the
27 claimants, the record of the legislative proceedings, and the
28 Cabinet pardon proceedings and shall report on the fundamental
29 fairness thereof. The Department of Legal Affairs is directed
30 to provide representation for the State of Florida.
31 Section 2. If the administrative law judge determines
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SENATE AMENDMENT
Bill No. CS/HB 3035
Amendment No.
1 by a preponderance of the evidence that the State of Florida,
2 or officials, thereof, committed a wrongful act and that a
3 basis for equitable relief exists, the administrative law
4 judge is authorized to award claimants Freddie Lee Pitts and
5 Wilbert Lee the amount of $500,000 each. The determination of
6 the administrative law judge shall be reported to the
7 President of the Florida Senate and the Speaker of the Florida
8 House of Representatives no later than August 1, 1998. The
9 Comptroller is authorized to draw a warrant in satisfaction of
10 the relief awarded by the administrative law judge as provided
11 in this act, and the State Treasurer is directed to pay the
12 same out of funds appropriated in section 3 of this act.
13 Section 3. The amount of $1,250,000 is hereby
14 appropriated from the General Revenue Fund in the State
15 Treasury to fund any amounts awarded to Freddie Lee Pitts and
16 Wilbert Lee pursuant to this act, including amounts awarded
17 pursuant to section 4 of this act.
18 Section 4. In addition to any funds awarded to
19 claimants, if the claimants are determined to be prevailing
20 parties, the administrative law judge is authorized to award a
21 reasonable attorney's fee including all costs to the claimants
22 in an amount not to exceed 25 percent of the compensation
23 awarded.
24 Section 5. This act shall take effect upon becoming a
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