| 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 a condition which constitutes |
| 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 |
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| 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 |
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| 57 | Be It Enacted by the Legislature of the State of Florida: |
| 58 |
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| 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's acts did not constitute a crime; and |
| 74 | (e) A court of competent jurisdiction found by clear and |
| 75 | convincing evidence that the claimant is actually innocent as |
| 76 | defined in this act and issued an order vacating, dismissing, or |
| 77 | reversing the conviction and sentence and providing that no |
| 78 | further proceedings can or will be held against the claimant on |
| 79 | any facts and circumstances alleged in the proceedings which |
| 80 | resulted in the conviction. |
| 81 | (3) A claimant shall not be eligible for compensation if |
| 82 | the claimant submits a completed application to the Department |
| 83 | of Legal Affairs later than 2 years after the order vacating, |
| 84 | reversing, or dismissing the sentence. |
| 85 | (4) The claimant must submit to the Department of Legal |
| 86 | Affairs for review and processing the following documents as an |
| 87 | application package, as proof of the claimant's eligibility for |
| 88 | compensation: |
| 89 | (a) A certified copy of the judgment and sentence in the |
| 90 | case, including fingerprints; |
| 91 | (b) A set of the claimant's fingerprints, prepared by the |
| 92 | sheriff of the county in which the claimant resides and taken |
| 93 | within 6 months before the date on which the claim is filed; |
| 94 | (c) A recent photograph of the claimant in a format no |
| 95 | larger than 2 inches by 3 inches; |
| 96 | (d) A certified copy of the order vacating, dismissing, or |
| 97 | reversing the conviction; |
| 98 | (e) A record from the Department of Corrections showing |
| 99 | the actual dates of the claimant's incarceration and a |
| 100 | photograph of the claimant taken by the department; and |
| 101 | (f) A brief sworn statement reciting the facts upon which |
| 102 | the claim for compensation is based and showing that the |
| 103 | claimant is actually innocent and in compliance with all |
| 104 | requirements of this act. |
| 105 | (5)(a) Upon receipt of an application, the Department of |
| 106 | Legal Affairs shall examine the application. Within 30 days |
| 107 | after receipt of the application, the department shall notify |
| 108 | the applicant of any apparent errors or omissions and request |
| 109 | any additional information the department is permitted by law to |
| 110 | require. The department shall not deny a claim for failure to |
| 111 | correct an error or omission or supply additional information |
| 112 | unless the department timely notified the claimant within the |
| 113 | 30-day period specified in this paragraph. |
| 114 | (b) The department shall process and review the claim |
| 115 | within a reasonable period of time after receiving a completed |
| 116 | application, which may not exceed 90 days. |
| 117 | (6) If the department determines that the claim for |
| 118 | compensation is supported by sufficient proof, the department |
| 119 | must forward a request for payment to the Chief Financial |
| 120 | Officer who shall pay the claim according to the recommendation. |
| 121 | Payment shall be as follows: |
| 122 | (a) At the rate of $50,000 for each year of wrongful |
| 123 | incarceration, prorated as necessary to compensate for portions |
| 124 | of years. |
| 125 | (b) For sums exceeding $500,000, payments shall be made in |
| 126 | equal annual installments prorated over 10 years. |
| 127 | (c) Any person who receives prorated payments pursuant to |
| 128 | paragraph (b) and who subsequently pleads guilty or nolo |
| 129 | contendere to, or is convicted of, regardless of adjudication, a |
| 130 | felony shall, immediately upon conviction, be ineligible to |
| 131 | receive any unpaid amounts or benefits pursuant to this act. Any |
| 132 | amount forfeited shall revert to the General Revenue Fund. |
| 133 | (d) If the claimant has not executed the release and |
| 134 | waiver pursuant to paragraph (7)(a), the claimant is not |
| 135 | precluded from filing a claim bill in accordance with the |
| 136 | current Rules of the House of Representatives and the Rules of |
| 137 | the Senate, which shall be the sole redress of any dispute |
| 138 | regarding any part of this act. |
| 139 | (7)(a) Before payment is tendered pursuant this act, the |
| 140 | claimant must present to the Chief Financial Officer an executed |
| 141 | release and waiver on behalf of the claimant or his or her |
| 142 | heirs, successors, and assigns, forever releasing the state or |
| 143 | any agency, instrumentality, officer, or employee, or any |
| 144 | political subdivision thereof, or any other entity subject to |
| 145 | the provisions of s. 768.28, Florida Statutes, from any and all |
| 146 | present or future claims the claimant or his or her heirs, |
| 147 | successors, and assigns may have against such enumerated |
| 148 | entities and arising out of the factual situation in connection |
| 149 | with the conviction for which compensation is being sought under |
| 150 | this act. |
| 151 | (b) Declaratory action to obtain judicial expungement of |
| 152 | the claimant's judicial and executive branch records as |
| 153 | otherwise provided by law is not prohibited by this act. |
| 154 | (8)(a) The Chief Financial Officer shall process and pay a |
| 155 | claim under this act according to the request for payment made |
| 156 | by the Department of Legal Affairs within a reasonable time |
| 157 | after receiving the department's request which may not exceed 90 |
| 158 | days. |
| 159 | (b) Payment shall be made pursuant to specific |
| 160 | appropriation provided to the Department of Legal Affairs. |
| 161 | (c) In the event that payments are prorated pursuant to |
| 162 | this act, the Department of Legal Affairs shall include in its |
| 163 | annual legislative budget request a specific appropriation for |
| 164 | funds sufficient to make prorated payments payable under this |
| 165 | act during each relevant fiscal year. It is the intent of the |
| 166 | Legislature that any amounts appropriated pursuant to authority |
| 167 | granted by this act shall be from recurring funds for a |
| 168 | sufficient length of time to cover the obligation. |
| 169 | (9) Any claimant who is compensated pursuant to this act |
| 170 | shall also have tuition and fees waived for up to a total of 120 |
| 171 | hours of instruction at any career center established pursuant |
| 172 | to s. 1001.44, Florida Statutes, any community college |
| 173 | established under part III of chapter 1004, Florida Statutes, or |
| 174 | any state university. For any educational benefit made, the |
| 175 | claimant is required to meet and maintain the regular admission |
| 176 | requirements of, and be registered at, such career center, |
| 177 | community college, or state university and make satisfactory |
| 178 | academic progress as defined by the educational institution in |
| 179 | which the claimant is enrolled. |
| 180 | (10) The Legislature shall not be deemed by this act or by |
| 181 | the payment of any claim to have waived any defense of sovereign |
| 182 | immunity or to have increased the limits of liability on behalf |
| 183 | of the state or any person subject to the provisions of s. |
| 184 | 768.28, Florida Statutes, or any other law. |
| 185 | (11) Any amount awarded by this act is intended to provide |
| 186 | the sole compensation for any and all present and future claims |
| 187 | arising out of the factual situation in connection with the |
| 188 | claimant's conviction and imprisonment. No further award for |
| 189 | attorney's fees, lobbying fees, costs, or other similar expenses |
| 190 | shall be made by the state. |
| 191 | (12) The Legislature is authorized to make an official |
| 192 | apology to a claimant under this act on behalf of the State of |
| 193 | Florida. |
| 194 | Section 2. This act shall take effect October 1, 2007. |