Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1920
                        Barcode 702724
                            CHAMBER ACTION
              Senate                               House
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       04/04/2006 08:28 PM         .                    
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11  The Committee on Judiciary (Webster) 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.  Claim for compensation for wrongful
19  incarceration.--
20         (1)  A person who has been wrongfully convicted of a
21  felony offense and incarcerated within the Department of
22  Corrections as a result of that conviction may be financially
23  compensated if the claimant is found to be actually innocent
24  by a court.
25         (2)  A person may petition a court to determine whether
26  he or she was actually innocent of a felony conviction. As a
27  prerequisite to the petition, the court must issue an order
28  vacating, dismissing, or reversing the conviction and sentence
29  and providing that no further proceedings can or will be held
30  against the person on any facts and circumstances alleged in
31  the proceedings which resulted in the conviction.
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    3:10 PM   04/03/06                              s1920.ju09.01p

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1920 Barcode 702724 1 (3) As used in this section, a claimant is actually 2 innocent if a court has found by clear and convincing evidence 3 that: 4 (a) The claimant was charged, by indictment or 5 information, with the commission of an offense classified as a 6 felony; 7 (b) The claimant was convicted of the offense; 8 (c) The claimant was sentenced to incarceration for a 9 term of imprisonment as a result of the conviction; 10 (d) The claimant was imprisoned solely on the basis of 11 the conviction for the offense; 12 (e) The claimant did not commit the offense that 13 resulted in the conviction and incarceration or that the 14 claimant's acts did not constitute a crime; and 15 (f) The claimant did not aid, abet, or act as an 16 accomplice to a person who committed the offense. 17 (4) A claimant is not eligible for compensation if the 18 claimant: 19 (a) Pled guilty or nolo contendere to, or was 20 convicted of, regardless of adjudication, a felony prior to 21 payment of a claim pursuant to this act, not including the 22 wrongful incarceration for which compensation is being sought 23 pursuant to this act; 24 (b) Pled guilty or nolo contendere to the felony for 25 which compensation is sought; 26 (c) Submits a completed application to the Department 27 of Financial Services after October 1, 2008, or more than 2 28 years after the order vacating, reversing, or dismissing the 29 sentence, whichever is later; or 30 (d) Applies for compensation based on an order 31 vacating, dismissing, or reversing a conviction and sentence 2 3:10 PM 04/03/06 s1920.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1920 Barcode 702724 1 that was issued before October 1, 2001. 2 (5) The claimant must submit to the Department of 3 Financial Services for review and processing the following 4 documents as an application package, as proof of the person's 5 eligibility for compensation: 6 (a) A certified copy of the judgment and sentence in 7 the case, including fingerprints; 8 (b) A set of the claimant's fingerprints, prepared by 9 the sheriff of the county in which the person resides and 10 taken within 6 months before the date on which the claim is 11 submitted; 12 (c) A recent photograph of the claimant in a format no 13 larger than 2 inches by 3 inches; 14 (d) A certified copy of the order vacating, 15 dismissing, or reversing the conviction; 16 (e) A certified copy of the court order finding that 17 the claimant is actually innocent; 18 (f) A record from the Department of Corrections 19 showing the actual dates of the claimant's incarceration and a 20 photograph of the person taken by the department; and 21 (g) A brief statement reciting the facts upon which 22 the claim for compensation is based and showing that the 23 claimant is in compliance with all requirements of this act. 24 (6)(a) Upon receipt of an application, the Department 25 of Financial Services shall examine the application. Within 30 26 days after receipt of the application, the department shall 27 notify the applicant of any apparent errors or omissions and 28 request any additional information the department is permitted 29 by law to require. The department shall not deny a claim for 30 failure to correct an error or omission or supply additional 31 information unless the department timely notified the claimant 3 3:10 PM 04/03/06 s1920.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1920 Barcode 702724 1 within the 30-day period specified in this paragraph. 2 (b) The department shall process and review the claim 3 within a reasonable period of time after receiving a completed 4 application, which may not exceed 90 days. 5 (7) If the department determines that the claim for 6 compensation is supported by sufficient proof, the department 7 must forward a request for payment to the Chief Financial 8 Officer, who shall pay the claim according to the 9 recommendation. Payment shall be as follows: 10 (a) At the rate of $50,000 for each year of wrongful 11 incarceration, prorated as necessary to compensate for 12 portions of years. 13 (b) For sums exceeding $500,000, payments shall be 14 made in equal annual installments prorated over 10 years. 15 (c) Any person who receives prorated payments pursuant 16 to paragraph (b) and who subsequently pleads guilty or nolo 17 contendere to, or is convicted of, regardless of adjudication, 18 a felony shall, immediately upon conviction, be ineligible to 19 receive any unpaid amounts or benefits pursuant to this act. 20 Any amount forfeited shall revert to the General Revenue Fund. 21 (8)(a) Before payment is tendered pursuant this act, 22 the claimant must present to the Chief Financial Officer an 23 executed release and waiver on behalf of the claimant or his 24 or her heirs, successors, and assigns, forever releasing the 25 state or any agency, instrumentality, officer, or employee, or 26 any political subdivision thereof, or any other entity subject 27 to the provisions of s. 768.28, Florida Statutes, from any and 28 all present or future claims the claimant or his or her heirs, 29 successors, and assigns may have against such enumerated 30 entities and arising out of the factual situation in 31 connection with the conviction for which compensation is being 4 3:10 PM 04/03/06 s1920.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1920 Barcode 702724 1 sought under this act. 2 (b) Declaratory action to obtain judicial expungement 3 of the claimant's judicial and executive branch records as 4 otherwise provided by law is not prohibited by this act. 5 (9)(a) The Chief Financial Officer shall process and 6 pay a claim under this act according to the request for 7 payment made by the Department of Financial Services within a 8 reasonable time after receiving the request which may not 9 exceed 90 days. 10 (b) Payment shall be made pursuant to specific 11 appropriation provided to the Department of Financial 12 Services. 13 (c) In the event that payments must be made for a 14 10-year period under paragraph (7)(b), the Department of 15 Financial Services shall include in its annual legislative 16 budget request, a specific appropriation for funds sufficient 17 to make payments payable under this act during each relevant 18 fiscal year. It is the intent of the Legislature that any 19 amounts appropriated pursuant to authority granted by this act 20 shall be from recurring funds for a sufficient length of time 21 to cover the obligation. 22 (10) Any claimant who is compensated pursuant to this 23 act shall also have tuition and fees waived for up to a total 24 of 120 hours of instruction at any career center established 25 pursuant to s. 1001.44, Florida Statutes, any community 26 college established under part III of chapter 1004, Florida 27 Statutes, or any state university. For any educational benefit 28 made, the claimant is required to meet and maintain the 29 regular admission requirements of, and be registered at, such 30 career center, community college, or state university and make 31 satisfactory academic progress as defined by the educational 5 3:10 PM 04/03/06 s1920.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1920 Barcode 702724 1 institution in which the claimant is enrolled. 2 (11) The Legislature shall not be deemed by this act 3 or by the payment of any claim to have waived any defense of 4 sovereign immunity or to have increased the limits of 5 liability on behalf of the state or any person subject to the 6 provisions of s. 768.28, Florida Statutes, or any other law. 7 (12) Any amount awarded by this act is intended to 8 provide the sole compensation for any and all present and 9 future claims arising out of the factual situation in 10 connection with the claimant's conviction and imprisonment. No 11 further award for attorney's fees, lobbying fees, costs, or 12 other similar expenses shall be made by the state. 13 (13) The Department of Financial Services may adopt 14 rules under ss. 120.536(1) and 120.54, Florida Statutes, 15 governing the forms and procedures related to applications for 16 compensation. 17 Section 2. This act shall take effect October 1, 2006. 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 Delete everything before the enacting clause 23 24 and insert: 25 A bill to be entitled 26 An act relating to compensation for wrongful 27 incarceration; providing that a person who has 28 been wrongfully convicted of a felony offense 29 and incarcerated within the Department of 30 Corrections as a result of that conviction may 31 be financially compensated if determined to be 6 3:10 PM 04/03/06 s1920.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1920 Barcode 702724 1 actually innocent; defining the term "actually 2 innocent;" providing conditions which 3 constitute ineligibility for compensation under 4 the act; requiring that the claimant submit 5 specified documents to the Department of Legal 6 Affairs as proof of eligibility for 7 compensation; providing procedures and 8 requirements of the department with respect to 9 the examination and review of a claim; 10 providing criteria for payment of a claim by 11 the Chief Financial Officer; providing for 12 forfeiture and reversion of unpaid amounts 13 under specified circumstances; providing for 14 legislative redress of disputes; requiring an 15 executed release and waiver as a condition 16 precedent to tender of payment; providing 17 requirements of the Chief Financial Officer 18 with respect to the processing and payment of a 19 claim; providing that payment shall be made 20 pursuant to specific appropriation provided to 21 the Department of Legal Affairs; providing 22 legislative intent with respect to such 23 appropriations; providing for waiver of 24 specified tuition and fees for claimants 25 compensated under the act; providing 26 requirements with respect to educational 27 benefits; providing that the Legislature is not 28 deemed to have waived any defense of sovereign 29 immunity nor increased the limits of liability 30 as a result of the act or the payment of a 31 claim thereunder; providing legislative intent 7 3:10 PM 04/03/06 s1920.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1920 Barcode 702724 1 with respect to amounts awarded under the act; 2 authorizing the Legislature to make an official 3 apology; providing an effective date. 4 WHEREAS, the Legislature recognizes that no system of 5 justice is impervious to human error, and WHEREAS, United 6 States v. Hasting, 461 U.S. 499 (1983), states, in part, 7 "Given the myriad safeguards provided to assure a fair trial, 8 and taking into account the reality of the human fallibility 9 of the participants, there can be no such thing as an 10 error-free, perfect trial, and . . . the Constitution does not 11 guarantee such a trial.", and 12 WHEREAS, the Legislature acknowledges that the state's 13 system of justice infrequently yields imperfect results that 14 may have tragic consequences, and this act is based on a moral 15 desire to acknowledge those who are wrongfully convicted of a 16 felony offense, incarcerated as a result of that conviction, 17 and determined to be actually innocent and is not a 18 recognition of a constitutional right or violation, 19 WHEREAS, the Legislature finds that persons who are 20 actually innocent and were incarcerated have been deprived of 21 their liberty, and 22 WHEREAS, the Legislature intends that any compensation 23 made pursuant to this act be the sole compensation to be 24 provided by the state for any and all present an d future 25 claims arising out of the factual situation in connection with 26 the claimant's conviction and imprisonment, NOW, THEREFORE, 27 28 29 30 31 8 3:10 PM 04/03/06 s1920.ju09.01p