CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 68
Amendment No. 1
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5
6
7
8
9
10
11 The Committee on Ways and Means recommended the following
12 amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. The Division of Administrative Hearings is
19 directed to appoint an administrative law judge to conduct a
20 hearing and determine whether a basis for equitable relief
21 exists for the purpose of compensating claimants Freddie Lee
22 Pitts and Wilbert Lee for any wrongful act or omission of the
23 State of Florida, or officials thereof, which affected the
24 fundamental fairness of the criminal proceedings against the
25 claimants and resulted in their convictions. In conducting the
26 hearing, the administrative law judge shall review the trial
27 and appellate record of the criminal cases against the
28 claimants, the record of the legislative proceedings, and the
29 Cabinet pardon proceedings and shall report on the fundamental
30 fairness thereof. The Department of Legal Affairs is directed
31 to provide representation for the State of Florida.
1
2:48 PM 04/27/98 s0068.wm.01
SENATE AMENDMENT
Bill No. CS for SB 68
Amendment No. 1
1 Section 2. If the administrative law judge determines
2 by a preponderance of the evidence that the State of Florida,
3 or officials, thereof, committed a wrongful act and that a
4 basis for equitable relief exists, the administrative law
5 judge is authorized to award claimants Freddie Lee Pitts and
6 Wilbert Lee the amount of $1.5 million each. The determination
7 of the administrative law judge shall be reported to the
8 President of the Florida Senate and the Speaker of the Florida
9 House of Representatives no later than July 1, 1998. The
10 Comptroller is authorized to draw a warrant in satisfaction of
11 the relief awarded by the administrative law judge as provided
12 in this act, and the State Treasurer is directed to pay the
13 same out of funds appropriated in section 3 of this act.
14 Section 3. The amount of $3,750,000 is hereby
15 appropriated from the General Revenue Fund in the State
16 Treasury to fund any amounts awarded to Freddie Lee Pitts and
17 Wilbert Lee pursuant to this act, including amounts awarded
18 pursuant to section 4 of this act.
19 Section 4. In addition to any funds awarded to
20 claimants, if the claimants are determined to be prevailing
21 parties, the administrative law judge is authorized to award a
22 reasonable attorney's fee including all costs to the claimants
23 in an amount not to exceed 25 percent of the compensation
24 awarded.
25 Section 5. This act shall take effect upon becoming a
26 law.
27
28
29 ================ T I T L E A M E N D M E N T ===============
30 And the title is amended as follows:
31 On page 1, lines 3-5, delete those lines
2
2:48 PM 04/27/98 s0068.wm.01
SENATE AMENDMENT
Bill No. CS for SB 68
Amendment No. 1
1 and insert:
2 Wilbert Lee; providing for a hearing to be
3 conducted by the Division of Administrative
4 Hearings; requiring the Department of Legal
5 Affairs to represent the state; providing a
6 contingent appropriation to compensate Freddie
7 Lee Pitts and Wilbert Lee, if appropriate;
8 providing a contingent appropriation for the
9 payment of attorneys' fees; providing an
10 effective
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
2:48 PM 04/27/98 s0068.wm.01