| 1 | A bill to be entitled |
| 2 | An act relating to wrongful criminal convictions; creating |
| 3 | s. 914.145, F.S.; providing for civil damages for certain |
| 4 | wrongful criminal convictions; providing for joint and |
| 5 | several liability; providing for statute of limitations; |
| 6 | providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Section 914.145, Florida Statutes, is created |
| 11 | to read: |
| 12 | 914.145 Wrongful convictions; civil damages.-- |
| 13 | (1) Any person convicted of a crime whose conviction was |
| 14 | based upon evidence fabricated or deceptively manipulated by any |
| 15 | law enforcement agency or state attorney shall have a civil |
| 16 | cause of action against the law enforcement agency or state |
| 17 | attorney that fabricated or deceptively manipulated the |
| 18 | evidence. |
| 19 | (2) Liability under subsection (1) shall be joint and |
| 20 | several. |
| 21 | (3) The statute of limitations applicable to a cause of |
| 22 | action created by this section shall: |
| 23 | (a) Run from the time a person convicted as described in |
| 24 | subsection (1) is exonerated in a court of law. |
| 25 | (b) Be as provided under s. 95.11(3)(o). |
| 26 | Section 2. This act shall take effect July 1, 2005. |