HCR 1879

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


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