Senate Bill sb1920e1

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




    CS for SB 1920                           First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to compensation for wrongful

  3         incarceration; authorizing certain individuals

  4         to petition a court to determine whether they

  5         were actually innocent; requiring clear and

  6         convincing evidence to establish that a person

  7         was actually innocent; providing criteria for

  8         determining whether a person was actually

  9         innocent; creating exceptions to the

10         authorization for compensation; authorizing an

11         actually innocent person to apply to the

12         Department of Financial Services for

13         compensation; providing for application

14         procedures; authorizing a compensation amount

15         per year of imprisonment and authorizing a

16         tuition waiver for instruction at state

17         universities, community colleges, and career

18         centers; providing for compensation exceeding a

19         certain amount to be paid in installments over

20         a 10-year period; providing for the forfeiture

21         of unpaid installments upon the conviction of a

22         felony; requiring the release and waiver of any

23         claims against the state prior to payment of

24         compensation; requiring payments of

25         compensation to be processed by the Chief

26         Financial Officer; requiring the Department of

27         Financial Services to request a specific

28         appropriation for funds to pay compensation

29         installments in its legislative budget

30         requests; authorizing the Department of

31  


                                  1

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






    CS for SB 1920                           First Engrossed (ntc)



 1         Financial Services to adopt rules; providing an

 2         effective date.

 3  

 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, and

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 and future

25  claims arising out of the factual situation in connection with

26  the claimant's conviction and imprisonment, NOW, THEREFORE,

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Claim for compensation for wrongful

31  incarceration.--


                                  2

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






    CS for SB 1920                           First Engrossed (ntc)



 1         (1)  A person who has been wrongfully convicted of a

 2  felony offense and incarcerated within the Department of

 3  Corrections as a result of that conviction may be financially

 4  compensated if the claimant is found to be actually innocent

 5  by a court.

 6         (2)  A person may petition a court to determine whether

 7  he or she was actually innocent of a felony conviction. As a

 8  prerequisite to the petition, the court must issue an order

 9  vacating, dismissing, or reversing the conviction and sentence

10  and providing that no further proceedings can or will be held

11  against the person on any facts and circumstances alleged in

12  the proceedings that resulted in the conviction.

13         (3)  As used in this section, a claimant is actually

14  innocent if a court has found by clear and convincing evidence

15  that:

16         (a)  The claimant was charged, by indictment or

17  information, with the commission of an offense classified as a

18  felony;

19         (b)  The claimant was convicted of the offense;

20         (c)  The claimant was sentenced to incarceration for a

21  term of imprisonment as a result of the conviction;

22         (d)  The claimant was imprisoned solely on the basis of

23  the conviction for the offense;

24         (e)  The claimant did not commit the offense that

25  resulted in the conviction and incarceration or that the

26  claimant's acts did not constitute a crime; and

27         (f)  The claimant did not aid, abet, or act as an

28  accomplice to a person who committed the offense.

29         (4)  A claimant is not eligible for compensation if the

30  claimant:

31  


                                  3

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






    CS for SB 1920                           First Engrossed (ntc)



 1         (a)  Pled guilty or nolo contendere to, or was

 2  convicted of, regardless of adjudication, a felony prior to

 3  payment of a claim pursuant to this act, not including the

 4  wrongful incarceration for which compensation is being sought

 5  pursuant to this act; or

 6         (b)  Submits a completed application to the Department

 7  of Financial Services after October 1, 2008, or more than 2

 8  years after the order vacating, reversing, or dismissing the

 9  sentence, whichever is later.

10         (5)  The claimant must submit to the Department of

11  Financial Services for review and processing the following

12  documents as an application package as proof of the person's

13  eligibility for compensation:

14         (a)  A certified copy of the judgment and sentence in

15  the case, including fingerprints;

16         (b)  A set of the claimant's fingerprints, prepared by

17  the sheriff of the county in which the person resides and

18  taken within 6 months before the date on which the claim is

19  submitted;

20         (c)  A recent photograph of the claimant in a format no

21  larger than 2 inches by 3 inches;

22         (d)  A certified copy of the order vacating,

23  dismissing, or reversing the conviction;

24         (e)  A certified copy of the court order finding that

25  the claimant is actually innocent;

26         (f)  A record from the Department of Corrections

27  showing the actual dates of the claimant's incarceration and a

28  photograph of the person taken by the department; and

29         (g)  A brief statement reciting the facts upon which

30  the claim for compensation is based and showing that the

31  claimant is in compliance with all requirements of this act.


                                  4

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






    CS for SB 1920                           First Engrossed (ntc)



 1         (6)(a)  Upon receipt of an application, the Department

 2  of Financial Services shall examine the application. Within 30

 3  days after receipt of the application, the department shall

 4  notify the applicant of any apparent errors or omissions and

 5  request any additional information the department is permitted

 6  by law to require. The department shall not deny a claim for

 7  failure to correct an error or omission or supply additional

 8  information unless the department timely notified the claimant

 9  within the 30-day period specified in this paragraph.

10         (b)  The department shall process and review the claim

11  within a reasonable period of time after receiving a completed

12  application, which may not exceed 90 days.

13         (7)  If the department determines that the claim for

14  compensation is supported by sufficient proof, the department

15  must forward a request for payment to the Chief Financial

16  Officer, who shall pay the claim according to the

17  recommendation. Payment shall be as follows:

18         (a)  At the rate of $50,000 for each year of wrongful

19  incarceration, prorated as necessary to compensate for

20  portions of years.

21         (b)  For sums exceeding $500,000, payments shall be

22  made in equal annual installments prorated over 10 years.

23         (c)  Any person who receives prorated payments pursuant

24  to paragraph (b) and who subsequently pleads guilty or nolo

25  contendere to, or is convicted of, regardless of adjudication,

26  a felony shall, immediately upon conviction, be ineligible to

27  receive any unpaid amounts or benefits pursuant to this act.

28  Any amount forfeited shall revert to the General Revenue Fund.

29         (8)(a)  Before payment is tendered pursuant to this

30  act, the claimant must present to the Chief Financial Officer

31  an executed release and waiver on behalf of the claimant, or


                                  5

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






    CS for SB 1920                           First Engrossed (ntc)



 1  his or her heirs, successors, and assigns, forever releasing

 2  the state or any agency, instrumentality, officer, employee,

 3  or political subdivision thereof, or any other entity subject

 4  to the provisions of s. 768.28, Florida Statutes, from any and

 5  all present or future claims that the claimant or his or her

 6  heirs, successors, and assigns may have against such

 7  enumerated entities and arising out of the factual situation

 8  in connection with the conviction for which compensation is

 9  being sought under this act.

10         (b)  Declaratory action to obtain judicial expungement

11  of the claimant's judicial and executive branch records as

12  otherwise provided by law is not prohibited by this act.

13         (9)(a)  The Chief Financial Officer shall process and

14  pay a claim under this act according to the request for

15  payment made by the Department of Financial Services within a

16  reasonable time after receiving the request, which may not

17  exceed 90 days.

18         (b)  Payment shall be made pursuant to specific

19  appropriation provided to the Department of Financial

20  Services.

21         (c)  In the event that payments must be made for a

22  10-year period under paragraph (7)(b), the Department of

23  Financial Services shall include in its annual legislative

24  budget request a specific appropriation for funds sufficient

25  to make payments payable under this act during each relevant

26  fiscal year. It is the intent of the Legislature that any

27  amounts appropriated pursuant to authority granted by this act

28  be from recurring funds for a sufficient length of time to

29  cover the obligation.

30         (10)  Any claimant who is compensated pursuant to this

31  act shall also have tuition and fees waived for up to a total


                                  6

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






    CS for SB 1920                           First Engrossed (ntc)



 1  of 120 hours of instruction at any career center established

 2  pursuant to s. 1001.44, Florida Statutes, any community

 3  college established under part III of chapter 1004, Florida

 4  Statutes, or any state university. For any educational benefit

 5  made, the claimant shall meet and maintain the regular

 6  admission requirements of, and be registered at, such career

 7  center, community college, or state university and make

 8  satisfactory academic progress as defined by the educational

 9  institution in which the claimant is enrolled.

10         (11)  The Legislature shall not be deemed by this act

11  or by the payment of any claim to have waived any defense of

12  sovereign immunity or to have increased the limits of

13  liability on behalf of the state or any person subject to the

14  provisions of s. 768.28, Florida Statutes, or any other law.

15         (12)  Any amount awarded by this act is intended to

16  provide the sole compensation for any and all present and

17  future claims arising out of the factual situation in

18  connection with the claimant's conviction and imprisonment. No

19  further award for attorney's fees, lobbying fees, costs, or

20  other similar expenses shall be made by the state.

21         (13)  The Department of Financial Services may adopt

22  rules under ss. 120.536(1) and 120.54, Florida Statutes,

23  governing the forms and procedures related to applications for

24  compensation.

25         Section 2.    This act shall take effect October 1,

26  2006.

27  

28  

29  

30  

31  


                                  7

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