House Bill 3035er

    ENROLLED

    1998 Legislature                   CS/HB 3035, First Engrossed



  1

  2         An act for the relief of Freddie Lee Pitts and

  3         Wilbert Lee; providing for a hearing to be

  4         conducted by the Division of Administrative

  5         Hearings; requiring the Department of Legal

  6         Affairs to represent the state; providing a

  7         contingent appropriation to compensate Freddie

  8         Lee Pitts and Wilbert Lee, if appropriate;

  9         providing a contingent appropriation for the

10         payment of attorneys' fees; providing an

11         effective date.

12

13         WHEREAS, in 1972 Freddie Lee Pitts and Wilbert Lee were

14  convicted of first degree murder in the deaths of Grover Floyd

15  and Jesse Burkett, and

16         WHEREAS, in 1975 Freddie Lee Pitts and Wilbert Lee were

17  granted a full pardon for their convictions, and

18         WHEREAS, beginning in 1977 numerous relief bills have

19  been filed on behalf of Freddie Lee Pitts and Wilbert Lee, and

20         WHEREAS, in 1979, 1989, and 1990 the Florida House of

21  Representatives conducted hearings on relief bills for Freddie

22  Lee Pitts and Wilbert Lee, but resolution of the issues

23  relating to the fundamental fairness of the criminal

24  proceedings which resulted in the claimant's convictions, and

25  their entitlement to equitable relief, was not concluded, and

26         WHEREAS, the Florida Legislature seeks to provide an

27  impartial forum for the resolution of these issues, NOW,

28  THEREFORE,

29

30  Be It Enacted by the Legislature of the State of Florida:

31


                                  1

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                   CS/HB 3035, First Engrossed



  1         Section 1.  This act may be cited as the "Maurice Rosen

  2  Act."

  3         Section 2.  The Division of Administrative Hearings is

  4  directed to appoint an administrative law judge to conduct a

  5  hearing and determine whether a basis for equitable relief

  6  exists for the purpose of compensating claimants Freddie Lee

  7  Pitts and Wilbert Lee for any wrongful act or omission of the

  8  State of Florida, or officials thereof, which affected the

  9  fundamental fairness of the criminal proceedings against the

10  claimants and resulted in their convictions. In conducting the

11  hearing, the administrative law judge shall review the trial

12  and appellate record of the criminal cases against the

13  claimants, the record of the legislative proceedings, and the

14  Cabinet pardon proceedings and shall report on the fundamental

15  fairness thereof. The Department of Legal Affairs is directed

16  to provide representation for the State of Florida.

17         Section 3.  If the administrative law judge determines

18  by a preponderance of the evidence that the State of Florida,

19  or officials, thereof, committed a wrongful act and that a

20  basis for equitable relief exists, the administrative law

21  judge is authorized to award claimants Freddie Lee Pitts and

22  Wilbert Lee the amount of $500,000 each. The determination of

23  the administrative law judge shall be reported to the

24  President of the Florida Senate and the Speaker of the Florida

25  House of Representatives no later than July 1, 1998. The

26  Comptroller is authorized to draw a warrant in satisfaction of

27  the relief awarded by the administrative law judge as provided

28  in this act, and the State Treasurer is directed to pay the

29  same out of funds appropriated in section 4 of this act.

30         Section 4.  The amount of $1,250,000 is hereby

31  appropriated from the General Revenue Fund in the State


                                  2

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                   CS/HB 3035, First Engrossed



  1  Treasury to fund any amounts awarded to Freddie Lee Pitts and

  2  Wilbert Lee pursuant to this act, including amounts awarded

  3  pursuant to section 5 of this act.

  4         Section 5.  In addition to any funds awarded to

  5  claimants, if the claimants are determined to be prevailing

  6  parties, the administrative law judge is authorized to award a

  7  reasonable attorney's fee including all costs to the claimants

  8  in an amount not to exceed 25 percent of the compensation

  9  awarded.

10         Section 6.  This act shall take effect upon becoming a

11  law.

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  3