1 | House Concurrent Resolution |
2 | A concurrent resolution proposing the adoption of Joint |
3 | Rule 9, Joint Rules of the Florida Legislature, relating |
4 | to compensation for the wrongfully incarcerated. |
5 |
|
6 | Be It Resolved by the House of Representatives of the State of |
7 | Florida, the Senate Concurring: |
8 |
|
9 | That Joint Rule 9, Joint Rules of the Legislature, is |
10 | hereby created to read: |
11 |
|
12 | Joint Rule Nine |
13 | Compensation for Wrongful Incarceration |
14 |
|
15 | 9.1-Eligibility |
16 | (1) A claim bill shall be allowed for wrongful criminal |
17 | felony convictions resulting in imprisonment if the claimant has |
18 | been granted judicial relief absolving the claimant of guilt on |
19 | the basis of actual innocence of the crime for which the |
20 | claimant was sentenced. |
21 | (2) As used in this Joint Rule, "actual innocence" means: |
22 | (a) The claimant was charged, by indictment or |
23 | information, with the commission of an offense classified as a |
24 | felony; |
25 | (b) The claimant did not plead guilty or no contest to the |
26 | offense charged or to any lesser included offense, unless the |
27 | claimant was charged with a capital offense; |
28 | (c) The claimant was convicted of the offense; |
29 | (d) The claimant was sentenced to incarceration for a term |
30 | of imprisonment as a result of the conviction; |
31 | (e) The claimant was imprisoned solely on the basis of the |
32 | conviction for the offense; |
33 | (f) The claimant did not, by his or her misconduct or |
34 | neglect, bring about the prosecution; |
35 | (g) The claimant's acts did not constitute a crime; and |
36 | (h) A court of competent jurisdiction found by clear and |
37 | convincing evidence that the offense for which the claimant was |
38 | convicted, sentenced, and imprisoned, including any lesser |
39 | included offenses, was not committed by the claimant and issued |
40 | an order vacating, dismissing, or reversing the conviction and |
41 | sentence and providing that no further proceedings can be or |
42 | will be held against the claimant on any facts and circumstances |
43 | alleged in the proceedings which had resulted in the conviction. |
44 | (3) A claimant shall not be eligible for compensation if |
45 | the claimant was also serving a concurrent felony sentence. |
46 | (4) The claimant must comply with both the Senate Rules |
47 | and the Rules of the House of Representatives and shall not file |
48 | a claim bill later than 2 years after the order vacating, |
49 | reversing, or dismissing the sentence, except that all other |
50 | judicial and administrative remedies need not be exhausted. |
51 |
|
52 | 9.2-Relief |
53 | (1) Upon a finding of actual innocence and that all |
54 | conditions of this Joint Rule have been satisfied, the |
55 | Legislature may award the claimant relief as specified in Joint |
56 | Rule 9.3 or 9.4, but not both. |
57 | (2) Any person awarded compensation pursuant to this Joint |
58 | Rule who is subsequently convicted of a felony shall, |
59 | immediately upon such conviction, not be eligible to receive any |
60 | unpaid amounts or benefits from any compensation awarded in the |
61 | relief act. Any amount from an annuity that is forfeited |
62 | pursuant to this section shall revert to the state General |
63 | Revenue Fund. |
64 | (3) No award for relief pursuant to this Joint Rule shall |
65 | include punitive damages. |
66 | (4) The relief act may include an apology made by the |
67 | Legislature on behalf of the State of Florida. |
68 |
|
69 | 9.3-Nonmonetary Compensation |
70 | (1) HEALTH CARE PLAN.-The relief act may direct the |
71 | appropriate state agency to purchase a comprehensive health care |
72 | plan, including dental and mental health coverage. |
73 | (2) EDUCATIONAL ASSISTANCE.-The relief act may waive |
74 | tuition and fees for up to a total of 4 years of instruction at |
75 | any career center established pursuant to section 1001.44, |
76 | Florida Statutes, at any community college established under |
77 | part III of chapter 1004, Florida Statutes, or any state |
78 | university. The relief act shall state that for any educational |
79 | benefit made, the claimant shall be required to meet and |
80 | maintain the regular admission requirements of, and be |
81 | registered at, such career center, community college, or state |
82 | university and make satisfactory academic progress as defined by |
83 | the educational institution in which the claimant is enrolled. |
84 | (3) JOB PREFERENCE.-The relief act may award first |
85 | preference in employment by the state and its political |
86 | subdivisions. |
87 | (a) The relief act must state that the claimant must be |
88 | otherwise eligible for employment with the hiring agency or |
89 | political subdivision. |
90 | (b) The relief act must state that the job preference |
91 | benefits awarded do not apply to positions that are exempt from |
92 | the State Career Service System under section 110.205(2), |
93 | Florida Statutes, positions which are filled by officers elected |
94 | by popular vote or persons appointed to fill vacancies in such |
95 | offices, members of boards and commissions, persons employed on |
96 | a temporary basis without benefits, heads of departments, and |
97 | positions that require licensure as a physician, osteopathic |
98 | physician, chiropractic physician, engineer, or membership in |
99 | The Florida Bar. |
100 | (4) WAIVER OF FEES.-The relief act shall waive any |
101 | statutory fees required to expunge any arrest or court records |
102 | as otherwise subject to expunction by law or court rule and |
103 | shall waive any fees for copying costs or other costs of |
104 | obtaining public records in furtherance of such expunction. |
105 |
|
106 | Rule 9.4-Monetary Compensation |
107 | (1) The relief act may provide compensation in an amount |
108 | not to exceed $200,000. |
109 | (2) Any compensation computed pursuant to subsection (1) |
110 | may be awarded in a lump sum or may be paid in an initial lump |
111 | sum equal to 20 percent of the compensation award with the |
112 | remaining 80 percent of the principal of the compensation award |
113 | to be used by the Chief Financial Officer to purchase an |
114 | annuity. If the Legislature directs that an annuity be |
115 | purchased, the relief act must state the following: |
116 | (a) That any annuity purchased shall be purchased from any |
117 | A+ rated company, to provide equal monthly installments to the |
118 | claimant for a period certain of a stated number of years |
119 | commencing no later than 1 year after the effective date of the |
120 | appropriation; |
121 | (b) That the annuity shall provide that it shall not be |
122 | sold, discounted, or used as security for loans and mortgages by |
123 | the claimant; and |
124 | (c) That the annuity shall contain beneficiary provisions |
125 | providing for the annuity's continued disbursement in the event |
126 | of the death of the claimant, subject to the provisions of Joint |
127 | Rule 9.2(2). |
128 |
|
129 | 9.5-Release and Waiver |
130 | As a condition of receiving any compensation under this |
131 | Joint Rule, a claimant shall execute a release and waiver on |
132 | behalf of the claimant or his or her heirs, successors, and/or |
133 | assigns forever releasing the State of Florida or any agency, |
134 | instrumentality, officer, employee, or political subdivision |
135 | thereof, or any other entity subject to the provisions of |
136 | section 768.28, Florida Statutes, from any and all present or |
137 | future claims the claimant or his or her heirs, successors, |
138 | and/or assigns may have against such enumerated entities and |
139 | arising out of the factual situation in connection with the |
140 | conviction for which the compensation is being sought under this |
141 | Joint Rule. |
142 |
|
143 | 9.6-Collateral Sources |
144 | The claimant is not eligible for compensation if the |
145 | claimant was awarded a final judgment in a court of law, or has |
146 | received any funds pursuant to a settlement agreement for |
147 | compensation or damages arising out of the factual situation in |
148 | connection with the conviction for which compensation is sought |
149 | under this Joint Rule. |
150 |
|
151 | 9.7-Attorney's and Lobbyist's Fees |
152 | Attorney's and lobbyist's fees are subject to the |
153 | provisions of section 768.28(8), Florida Statutes. No |
154 | compensation shall be made for attorney's fees charged for legal |
155 | services relating to a finding of actual innocence as defined by |
156 | this Joint Rule. |
157 |
|
158 | 9.8-Sovereign Immunity; Limits of Liability |
159 | The passage of a relief act pursuant to this Joint Rule |
160 | shall not be deemed to have waived any defense of sovereign |
161 | immunity or to have increased the limits of liability on behalf |
162 | of the state or any person or entity subject to the provisions |
163 | of section 768.28, Florida Statutes. |