Amendment
Bill No. 1867
Amendment No. 336809
CHAMBER ACTION
Senate House
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1Representative Joyner offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 37-39 and insert:
5     Section 2.  Effective July 1, 2005, section 914.145,
6Florida Statutes, is created to read:
7     914.145  Wrongful convictions; civil damages.--
8     (1)  Any person convicted of a crime whose conviction was
9based upon evidence fabricated or deceptively manipulated by any
10law enforcement agency or state attorney shall have a civil
11cause of action against the law enforcement agency or state
12attorney that fabricated or deceptively manipulated the
13evidence.
14     (2)  Liability under subsection (1) shall be joint and
15several.
16     (3)  The statute of limitations applicable to a cause of
17action created by this section shall:
18     (a)  Run from the time a person convicted as described in
19subsection (1) is exonerated in a court of law.
20     (b)  Be as provided under s. 95.11(3)(o).
21     Section 3.  Except as otherwise provided herein, this act
22shall take effect upon becoming a law. The repeal of Rule 3.203,
23Florida Rules of Criminal Procedure, in this act shall take
24effect only if this act is enacted by a two-thirds vote of the
25membership of each house of the Legislature.
26
27================ T I T L E  A M E N D M E N T =============
28     Remove lines 2-5 and insert:
29
30An act relating to criminal law; repealing Rule 3.203,
31Florida Rules of Criminal Procedure, relating to
32imposition of the death penalty; creating s. 914.145,
33F.S.; providing for civil damages for certain wrongful
34criminal convictions; providing for joint and several
35liability; providing an effective dates.


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