HB 7231

1	A bill to be entitled
2	An act relating to compensation for wrongful
3	incarceration; providing that a person who has been
4	wrongfully convicted of a felony offense and incarcerated
5	within the Department of Corrections as a result of that
6	conviction may be financially compensated if determined to
7	be actually innocent; defining the term "actually
8	innocent"; providing conditions which constitute
9	ineligibility for compensation under the act; requiring
10	that the claimant submit specified documents to the
11	Department of Legal Affairs as proof of eligibility for
12	compensation; providing procedures and requirements of the
13	department with respect to the examination and review of a
14	claim; providing criteria for payment of a claim by the
15	Chief Financial Officer; providing for forfeiture and
16	reversion of unpaid amounts under specified circumstances;
17	providing for legislative redress of disputes; requiring
18	an executed release and waiver as a condition precedent to
19	tender of payment; providing requirements of the Chief
20	Financial Officer with respect to the processing and
21	payment of a claim; providing that payment shall be made
22	pursuant to specific appropriation provided to the
23	Department of Legal Affairs; providing legislative intent
24	with respect to such appropriations; providing for waiver
25	of specified tuition and fees for claimants compensated
26	under the act; providing requirements with respect to
27	educational benefits; providing that the Legislature is
28	not deemed to have waived any defense of sovereign
29	immunity nor increased the limits of liability as a result
30	of the act or the payment of a claim thereunder; providing
31	legislative intent with respect to amounts awarded under
32	the act; authorizing the Legislature to make an official
33	apology; providing an effective date.
34
35	WHEREAS, the Legislature recognizes that no system of
36	justice is impervious to human error, and
37	WHEREAS, United States v. Hasting, 461 U.S. 499 (1983),
38	reads, in part, "Given the myriad safeguards provided to assure
39	a fair trial, and taking into account the reality of the human
40	fallibility of the participants, there can be no such thing as
41	an error-free, perfect trial, and . . . the Constitution does
42	not guarantee such a trial.", and
43	WHEREAS, the Legislature acknowledges that the state's
44	system of justice infrequently yields imperfect results which
45	may have tragic consequences, and
46	WHEREAS, this act is based on a moral desire to acknowledge
47	those who are wrongfully convicted of a felony offense,
48	incarcerated as a result of that conviction, and determined to
49	be actually innocent and is not a recognition of a
50	constitutional right or violation, and
51	WHEREAS, the Legislature intends that any compensation made
52	pursuant to this act be the sole compensation to be provided by
53	the state for any and all present and future claims arising out
54	of the factual situation in connection with the claimant's
55	conviction and imprisonment, NOW, THEREFORE,
56
57	Be It Enacted by the Legislature of the State of Florida:
58
59	Section 1.  Claim for compensation for wrongful
60	incarceration.--
61	(1)  A person who has been wrongfully convicted of a felony
62	offense and incarcerated within the Department of Corrections as
63	a result of that conviction may be financially compensated if
64	the claimant is actually innocent.
65	(2)  As used in this section, the term "actually innocent"
66	means:
67	(a)  The claimant was charged, by indictment or
68	information, with the commission of an offense classified as a
69	felony;
70	(b)  The claimant was convicted of the offense;
71	(c)  The claimant was sentenced to incarceration for a term
72	of imprisonment as a result of the conviction;
73	(d)  The claimant was imprisoned solely on the basis of the
74	conviction for the offense;
75	(e)  The claimant's acts did not constitute a crime; and
76	(f)  A court of competent jurisdiction found by clear and
77	convincing evidence that the claimant is actually innocent as
78	defined in this act and issued an order vacating, dismissing, or
79	reversing the conviction and sentence and providing that no
80	further proceedings can or will be held against the claimant on
81	any facts and circumstances alleged in the proceedings which
82	resulted in the conviction.
83	(3)  A claimant shall not be eligible for compensation if
84	the claimant:
85	(a)  Pled guilty or nolo contendere to, or was convicted
86	of, regardless of adjudication, a felony prior to payment of a
87	claim pursuant to this act, not including the wrongful
88	incarceration for which compensation is being sought pursuant to
89	this act; or
90	(b)  Submits a completed application to the Department of
91	Legal Affairs later than 2 years after the order vacating,
92	reversing, or dismissing the sentence.
93	(4)  The claimant must submit to the Department of Legal
94	Affairs for review and processing the following documents as an
95	application package, as proof of the person's eligibility for
96	compensation:
97	(a)  A certified copy of the judgment and sentence in the
98	case, including fingerprints;
99	(b)  A set of the claimant's fingerprints, prepared by the
100	sheriff of the county in which the person resides and taken
101	within 6 months before the date on which the claim is filed;
102	(c)  A recent photograph of the claimant in a format no
103	larger than 2 inches by 3 inches;
104	(d)  A certified copy of the order vacating, dismissing, or
105	reversing the conviction;
106	(e)  A record from the Department of Corrections showing
107	the actual dates of the claimant's incarceration and a
108	photograph of the person taken by the department; and
109	(f)  A brief sworn statement reciting the facts upon which
110	the claim for compensation is based and showing that the
111	claimant is actually innocent and in compliance with all
112	requirements of this act.
113	(5)(a)  Upon receipt of an application, the Department of
114	Legal Affairs shall examine the application. Within 30 days
115	after receipt of the application, the department shall notify
116	the applicant of any apparent errors or omissions and request
117	any additional information the department is permitted by law to
118	require. The department shall not deny a claim for failure to
119	correct an error or omission or supply additional information
120	unless the department timely notified the claimant within the
121	30-day period specified in this paragraph.
122	(b)  The department shall process and review the claim
123	within a reasonable period of time after receiving a completed
124	application, which may not exceed 90 days.
125	(6)  If the department determines that the claim for
126	compensation is supported by sufficient proof, the department
127	must forward a request for payment to the Chief Financial
128	Officer who shall pay the claim according to the recommendation.
129	Payment shall be as follows:
130	(a)  At the rate of $50,000 for each year of wrongful
131	incarceration, prorated as necessary to compensate for portions
132	of years.
133	(b)  For sums exceeding $500,000, payments shall be made in
134	equal annual installments prorated over 10 years.
135	(c)  Any person who receives prorated payments pursuant to
136	paragraph (b) and who subsequently pleads guilty or nolo
137	contendere to, or is convicted of, regardless of adjudication, a
138	felony shall, immediately upon conviction, be ineligible to
139	receive any unpaid amounts or benefits pursuant to this act. Any
140	amount forfeited shall revert to the General Revenue Fund.
141	(d)  If the claimant has not executed the release and
142	waiver pursuant to paragraph (7)(a), the claimant is not
143	precluded from filing a claim bill in accordance with the
144	current Rules of the House of Representatives and the Rules of
145	the Senate, which shall be the sole redress of any dispute
146	regarding any part of this act.
147	(7)(a)  Before payment is tendered pursuant this act, the
148	claimant must present to the Chief Financial Officer an executed
149	release and waiver on behalf of the claimant or his or her
150	heirs, successors, and assigns, forever releasing the state or
151	any agency, instrumentality, officer, or employee, or any
152	political subdivision thereof, or any other entity subject to
153	the provisions of s. 768.28, Florida Statutes, from any and all
154	present or future claims the claimant or his or her heirs,
155	successors, and assigns may have against such enumerated
156	entities and arising out of the factual situation in connection
157	with the conviction for which compensation is being sought under
158	this act.
159	(b)  Declaratory action to obtain judicial expungement of
160	the claimant's judicial and executive branch records as
161	otherwise provided by law is not prohibited by this act.
162	(8)(a)  The Chief Financial Officer shall process and pay a
163	claim under this act according to the request for payment made
164	by the Department of Legal Affairs within a reasonable time
165	after receiving the department's request which may not exceed 90
166	days.
167	(b)  Payment shall be made pursuant to specific
168	appropriation provided to the Department of Legal Affairs.
169	(c)  In the event that payments are prorated pursuant to
170	this act, the Department of Legal Affairs shall include in its
171	annual legislative budget request a specific appropriation for
172	funds sufficient to make prorated payments payable under this
173	act during each relevant fiscal year. It is the intent of the
174	Legislature that any amounts appropriated pursuant to authority
175	granted by this act shall be from recurring funds for a
176	sufficient length of time to cover the obligation.
177	(9)  Any claimant who is compensated pursuant to this act
178	shall also have tuition and fees waived for up to a total of 120
179	hours of instruction at any career center established pursuant
180	to s. 1001.44, Florida Statutes, any community college
181	established under part III of chapter 1004, Florida Statutes, or
182	any state university. For any educational benefit made, the
183	claimant is required to meet and maintain the regular admission
184	requirements of, and be registered at, such career center,
185	community college, or state university and make satisfactory
186	academic progress as defined by the educational institution in
187	which the claimant is enrolled.
188	(10)  The Legislature shall not be deemed by this act or by
189	the payment of any claim to have waived any defense of sovereign
190	immunity or to have increased the limits of liability on behalf
191	of the state or any person subject to the provisions of s.
192	768.28, Florida Statutes, or any other law.
193	(11)  Any amount awarded by this act is intended to provide
194	the sole compensation for any and all present and future claims
195	arising out of the factual situation in connection with the
196	claimant's conviction and imprisonment. No further award for
197	attorney's fees, lobbying fees, costs, or other similar expenses
198	shall be made by the state.
199	(12)  The Legislature is authorized to make an official
200	apology to a claimant under this act on behalf of the State of
201	Florida.
202	Section 2.  This act shall take effect October 1, 2006.

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