CS/HB 125

1
A bill to be entitled
2An act relating to compensation for wrongful
3incarceration; providing that a person who has been
4wrongfully convicted of a felony offense and incarcerated
5within the Department of Corrections as a result of that
6conviction may be financially compensated if determined to
7be actually innocent; defining the term "actually
8innocent"; providing a condition which constitutes
9ineligibility for compensation under the act; requiring
10that the claimant submit specified documents to the
11Department of Legal Affairs as proof of eligibility for
12compensation; providing procedures and requirements of the
13department with respect to the examination and review of a
14claim; providing criteria for payment of a claim by the
15Chief Financial Officer; requiring the department to make
16a legislative budget request; providing for legislative
17redress of disputes; requiring an executed release and
18waiver as a condition precedent to tender of payment;
19providing requirements with respect to the processing and
20payment of a claim; providing that payment shall be made
21pursuant to specific appropriation provided to the
22Department of Legal Affairs; providing for waiver of
23specified tuition and fees for claimants compensated under
24the act; providing requirements with respect to
25educational benefits; providing that the Legislature is
26not deemed to have waived any defense of sovereign
27immunity nor increased the limits of liability as a result
28of the act or the payment of a claim thereunder; providing
29legislative intent with respect to amounts awarded under
30the act; authorizing the Legislature to make an official
31apology; providing an effective date.
32
33     WHEREAS, the Legislature recognizes that no system of
34justice is impervious to human error, and
35     WHEREAS, United States v. Hasting, 461 U.S. 499 (1983),
36reads, in part, "Given the myriad safeguards provided to assure
37a fair trial, and taking into account the reality of the human
38fallibility of the participants, there can be no such thing as
39an error-free, perfect trial, and . . . the Constitution does
40not guarantee such a trial.", and
41     WHEREAS, the Legislature acknowledges that the state's
42system of justice infrequently yields imperfect results which
43may have tragic consequences, and
44     WHEREAS, this act is based on a moral desire to acknowledge
45those who are wrongfully convicted of a felony offense,
46incarcerated as a result of that conviction, and determined to
47be actually innocent and is not a recognition of a
48constitutional right or violation, and
49     WHEREAS, the Legislature intends that any compensation made
50pursuant to this act be the sole compensation to be provided by
51the state for any and all present and future claims arising out
52of the factual situation in connection with the claimant's
53conviction and imprisonment, NOW, THEREFORE,
54
55Be It Enacted by the Legislature of the State of Florida:
56
57     Section 1.  Claim for compensation for wrongful
58incarceration.--
59     (1)  A person who has been wrongfully convicted of a felony
60offense and incarcerated within the Department of Corrections as
61a result of that conviction may be financially compensated if
62the claimant is actually innocent.
63     (2)  As used in this section, the term "actually innocent"
64means:
65     (a)  The claimant was charged, by indictment or
66information, with the commission of an offense classified as a
67felony;
68     (b)  The claimant was convicted of the offense;
69     (c)  The claimant was sentenced to incarceration for a term
70of imprisonment as a result of the conviction;
71     (d)  The claimant's acts did not constitute a crime; and
72     (e)  A court of competent jurisdiction found by clear and
73convincing evidence that the claimant is actually innocent as
74defined in this act and issued an order vacating, dismissing, or
75reversing the conviction and sentence and providing that no
76further proceedings can or will be held against the claimant on
77any facts and circumstances alleged in the proceedings which
78resulted in the conviction.
79     (3)  A claimant shall not be eligible for compensation if
80the claimant submits a completed application to the Department
81of Legal Affairs later than 2 years after the order vacating,
82reversing, or dismissing the sentence.
83     (4)  The claimant must submit to the Department of Legal
84Affairs for review and processing the following documents as an
85application package, as proof of the claimant's eligibility for
86compensation:
87     (a)  A certified copy of the judgment and sentence in the
88case, including fingerprints;
89     (b)  A set of the claimant's fingerprints, prepared by the
90sheriff of the county in which the claimant resides and taken
91within 6 months before the date on which the claim is filed;
92     (c)  A recent photograph of the claimant in a format no
93larger than 2 inches by 3 inches;
94     (d)  A certified copy of the order vacating, dismissing, or
95reversing the conviction;
96     (e)  A record from the Department of Corrections showing
97the actual dates of the claimant's incarceration and a
98photograph of the claimant taken by the department; and
99     (f)  A brief sworn statement reciting the facts upon which
100the claim for compensation is based and showing that the
101claimant is actually innocent and in compliance with all
102requirements of this act.
103     (5)(a)  Upon receipt of an application, the Department of
104Legal Affairs shall examine the application. Within 30 days
105after receipt of the application, the department shall notify
106the applicant of any apparent errors or omissions and request
107any additional information the department is permitted by law to
108require. The department shall not deny a claim for failure to
109correct an error or omission or supply additional information
110unless the department timely notified the claimant within the
11130-day period specified in this paragraph.
112     (b)  The department shall process and review the claim
113within a reasonable period of time after receiving a completed
114application, which may not exceed 90 days.
115     (6)  If the Department of Legal Affairs determines that the
116claim for compensation is supported by sufficient proof, the
117department must forward a request for payment to the Chief
118Financial Officer who shall pay the claim according to the
119recommendation, subject to a specific appropriation made by the
120Legislature pursuant to subsection (8).
121     (a)  The department shall recommend compensation at the
122rate of $50,000 for each year of wrongful incarceration,
123prorated as necessary to compensate for portions of years.
124     (b)  The department shall request sufficient funding in its
125legislative budget request pursuant to chapter 216, Florida
126Statutes, to make payments that it recommends pursuant to the
127provisions of this act.
128     (c)  If the claimant has not executed the release and
129waiver pursuant to paragraph (7)(a), the claimant is not
130precluded from filing a claim bill in accordance with the
131current Rules of the House of Representatives and the Rules of
132the Senate, which shall be the sole redress of any dispute
133regarding any part of this act.
134     (7)(a)  Before payment is tendered pursuant to this act,
135the claimant must present to the Chief Financial Officer an
136executed release and waiver on behalf of the claimant or his or
137her heirs, successors, and assigns, forever releasing the state
138or any agency, instrumentality, officer, or employee, or any
139political subdivision thereof, or any other entity subject to
140the provisions of s. 768.28, Florida Statutes, from any and all
141present or future claims the claimant or his or her heirs,
142successors, and assigns may have against such enumerated
143entities and arising out of the factual situation in connection
144with the conviction for which compensation is being sought under
145this act.
146     (b)  Declaratory action to obtain judicial expungement of
147the claimant's judicial and executive branch records as
148otherwise provided by law is not prohibited by this act.
149     (8)  Payment shall be made to a claimant pursuant to
150specific appropriation to the Department of Legal Affairs made
151by the Legislature for the benefit of the claimant. Payment
152shall be made within 90 days after the appropriation has become
153effective.
154     (9)  Any claimant who is compensated pursuant to this act
155shall also have tuition and fees waived for up to a total of 120
156hours of instruction at any career center established pursuant
157to s. 1001.44, Florida Statutes, any community college
158established under part III of chapter 1004, Florida Statutes, or
159any state university. For any educational benefit made, the
160claimant is required to meet and maintain the regular admission
161requirements of, and be registered at, such career center,
162community college, or state university and make satisfactory
163academic progress as defined by the educational institution in
164which the claimant is enrolled.
165     (10)  The Legislature shall not be deemed by this act or by
166the payment of any claim to have waived any defense of sovereign
167immunity or to have increased the limits of liability on behalf
168of the state or any person subject to the provisions of s.
169768.28, Florida Statutes, or any other law.
170     (11)  Any amount awarded by this act is intended to provide
171the sole compensation for any and all present and future claims
172arising out of the factual situation in connection with the
173claimant's conviction and imprisonment. No further award for
174attorney's fees, lobbying fees, costs, or other similar expenses
175shall be made by the state.
176     (12)  The Legislature is authorized to make an official
177apology to a claimant under this act on behalf of the State of
178Florida.
179     Section 2.  This act shall take effect October 1, 2007.


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