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; requiring the department to make |
16 | a legislative budget request; providing for legislative |
17 | redress of disputes; requiring an executed release and |
18 | waiver as a condition precedent to tender of payment; |
19 | providing requirements with respect to the processing and |
20 | payment of a claim; providing that payment shall be made |
21 | pursuant to specific appropriation provided to the |
22 | Department of Legal Affairs; providing for waiver of |
23 | specified tuition and fees for claimants compensated under |
24 | the act; providing requirements with respect to |
25 | educational benefits; providing that the Legislature is |
26 | not deemed to have waived any defense of sovereign |
27 | immunity nor increased the limits of liability as a result |
28 | of the act or the payment of a claim thereunder; providing |
29 | legislative intent with respect to amounts awarded under |
30 | the act; authorizing the Legislature to make an official |
31 | apology; providing an effective date. |
32 |
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33 | WHEREAS, the Legislature recognizes that no system of |
34 | justice is impervious to human error, and |
35 | WHEREAS, United States v. Hasting, 461 U.S. 499 (1983), |
36 | reads, in part, "Given the myriad safeguards provided to assure |
37 | a fair trial, and taking into account the reality of the human |
38 | fallibility of the participants, there can be no such thing as |
39 | an error-free, perfect trial, and . . . the Constitution does |
40 | not guarantee such a trial.", and |
41 | WHEREAS, the Legislature acknowledges that the state's |
42 | system of justice infrequently yields imperfect results which |
43 | may have tragic consequences, and |
44 | WHEREAS, this act is based on a moral desire to acknowledge |
45 | those who are wrongfully convicted of a felony offense, |
46 | incarcerated as a result of that conviction, and determined to |
47 | be actually innocent and is not a recognition of a |
48 | constitutional right or violation, and |
49 | WHEREAS, the Legislature intends that any compensation made |
50 | pursuant to this act be the sole compensation to be provided by |
51 | the state for any and all present and future claims arising out |
52 | of the factual situation in connection with the claimant's |
53 | conviction and imprisonment, NOW, THEREFORE, |
54 |
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55 | Be It Enacted by the Legislature of the State of Florida: |
56 |
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57 | Section 1. Claim for compensation for wrongful |
58 | incarceration.-- |
59 | (1) A person who has been wrongfully convicted of a felony |
60 | offense and incarcerated within the Department of Corrections as |
61 | a result of that conviction may be financially compensated if |
62 | the claimant is actually innocent. |
63 | (2) As used in this section, the term "actually innocent" |
64 | means: |
65 | (a) The claimant was charged, by indictment or |
66 | information, with the commission of an offense classified as a |
67 | felony; |
68 | (b) The claimant was convicted of the offense; |
69 | (c) The claimant was sentenced to incarceration for a term |
70 | of 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 |
73 | convincing evidence that the claimant is actually innocent as |
74 | defined in this act and issued an order vacating, dismissing, or |
75 | reversing the conviction and sentence and providing that no |
76 | further proceedings can or will be held against the claimant on |
77 | any facts and circumstances alleged in the proceedings which |
78 | resulted in the conviction. |
79 | (3) A claimant shall not be eligible for compensation if |
80 | the claimant submits a completed application to the Department |
81 | of Legal Affairs later than 2 years after the order vacating, |
82 | reversing, or dismissing the sentence. |
83 | (4) The claimant must submit to the Department of Legal |
84 | Affairs for review and processing the following documents as an |
85 | application package, as proof of the claimant's eligibility for |
86 | compensation: |
87 | (a) A certified copy of the judgment and sentence in the |
88 | case, including fingerprints; |
89 | (b) A set of the claimant's fingerprints, prepared by the |
90 | sheriff of the county in which the claimant resides and taken |
91 | within 6 months before the date on which the claim is filed; |
92 | (c) A recent photograph of the claimant in a format no |
93 | larger than 2 inches by 3 inches; |
94 | (d) A certified copy of the order vacating, dismissing, or |
95 | reversing the conviction; |
96 | (e) A record from the Department of Corrections showing |
97 | the actual dates of the claimant's incarceration and a |
98 | photograph of the claimant taken by the department; and |
99 | (f) A brief sworn statement reciting the facts upon which |
100 | the claim for compensation is based and showing that the |
101 | claimant is actually innocent and in compliance with all |
102 | requirements of this act. |
103 | (5)(a) Upon receipt of an application, the Department of |
104 | Legal Affairs shall examine the application. Within 30 days |
105 | after receipt of the application, the department shall notify |
106 | the applicant of any apparent errors or omissions and request |
107 | any additional information the department is permitted by law to |
108 | require. The department shall not deny a claim for failure to |
109 | correct an error or omission or supply additional information |
110 | unless the department timely notified the claimant within the |
111 | 30-day period specified in this paragraph. |
112 | (b) The department shall process and review the claim |
113 | within a reasonable period of time after receiving a completed |
114 | application, which may not exceed 90 days. |
115 | (6) If the Department of Legal Affairs determines that the |
116 | claim for compensation is supported by sufficient proof, the |
117 | department must forward a request for payment to the Chief |
118 | Financial Officer who shall pay the claim according to the |
119 | recommendation, subject to a specific appropriation made by the |
120 | Legislature pursuant to subsection (8). |
121 | (a) The department shall recommend compensation at the |
122 | rate of $50,000 for each year of wrongful incarceration, |
123 | prorated as necessary to compensate for portions of years. |
124 | (b) The department shall request sufficient funding in its |
125 | legislative budget request pursuant to chapter 216, Florida |
126 | Statutes, to make payments that it recommends pursuant to the |
127 | provisions of this act. |
128 | (c) If the claimant has not executed the release and |
129 | waiver pursuant to paragraph (7)(a), the claimant is not |
130 | precluded from filing a claim bill in accordance with the |
131 | current Rules of the House of Representatives and the Rules of |
132 | the Senate, which shall be the sole redress of any dispute |
133 | regarding any part of this act. |
134 | (7)(a) Before payment is tendered pursuant to this act, |
135 | the claimant must present to the Chief Financial Officer an |
136 | executed release and waiver on behalf of the claimant or his or |
137 | her heirs, successors, and assigns, forever releasing the state |
138 | or any agency, instrumentality, officer, or employee, or any |
139 | political subdivision thereof, or any other entity subject to |
140 | the provisions of s. 768.28, Florida Statutes, from any and all |
141 | present or future claims the claimant or his or her heirs, |
142 | successors, and assigns may have against such enumerated |
143 | entities and arising out of the factual situation in connection |
144 | with the conviction for which compensation is being sought under |
145 | this act. |
146 | (b) Declaratory action to obtain judicial expungement of |
147 | the claimant's judicial and executive branch records as |
148 | otherwise provided by law is not prohibited by this act. |
149 | (8) Payment shall be made to a claimant pursuant to |
150 | specific appropriation to the Department of Legal Affairs made |
151 | by the Legislature for the benefit of the claimant. Payment |
152 | shall be made within 90 days after the appropriation has become |
153 | effective. |
154 | (9) Any claimant who is compensated pursuant to this act |
155 | shall also have tuition and fees waived for up to a total of 120 |
156 | hours of instruction at any career center established pursuant |
157 | to s. 1001.44, Florida Statutes, any community college |
158 | established under part III of chapter 1004, Florida Statutes, or |
159 | any state university. For any educational benefit made, the |
160 | claimant is required to meet and maintain the regular admission |
161 | requirements of, and be registered at, such career center, |
162 | community college, or state university and make satisfactory |
163 | academic progress as defined by the educational institution in |
164 | which the claimant is enrolled. |
165 | (10) The Legislature shall not be deemed by this act or by |
166 | the payment of any claim to have waived any defense of sovereign |
167 | immunity or to have increased the limits of liability on behalf |
168 | of the state or any person subject to the provisions of s. |
169 | 768.28, Florida Statutes, or any other law. |
170 | (11) Any amount awarded by this act is intended to provide |
171 | the sole compensation for any and all present and future claims |
172 | arising out of the factual situation in connection with the |
173 | claimant's conviction and imprisonment. No further award for |
174 | attorney's fees, lobbying fees, costs, or other similar expenses |
175 | shall be made by the state. |
176 | (12) The Legislature is authorized to make an official |
177 | apology to a claimant under this act on behalf of the State of |
178 | Florida. |
179 | Section 2. This act shall take effect October 1, 2007. |