Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2464
Barcode 375464
CHAMBER ACTION
Senate House
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11 The Committee on Criminal Justice (Aronberg) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
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16 page 6, line 26, delete those lines
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19 (6) If the Department of Legal Affairs determines that
20 the claim for compensation is supported by sufficient proof,
21 the department must forward a request for payment to the Chief
22 Financial Officer who shall pay the claim according to the
23 recommendation, subject to a specific appropriation made by
24 the Legislature pursuant to subsection (8).
25 (a) The department shall recommend compensation at the
26 rate of $50,000 for each year of wrongful incarceration,
27 prorated as necessary to compensate for portions of years.
28 (b) The department shall request sufficient funding in
29 its Legislative Budget Request pursuant to chapter 216 Florida
30 Statutes, to make payments that it recommends pursuant to the
31 provisions of this act.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2464
Barcode 375464
1 (c) If the claimant has not executed the release and
2 waiver pursuant to paragraph (7)(a), the claimant is not
3 precluded from filing a claim bill in accordance with the
4 current Rules of the House of Representatives and the Rules of
5 the Senate, which shall be the sole redress of any dispute
6 regarding any part of this act.
7 (7)(a) Before payment is tendered pursuant to this
8 act, the claimant must present to the Chief Financial Officer
9 an executed release and waiver on behalf of the claimant or
10 his or her heirs, successors, and assigns, forever releasing
11 the state or any agency, instrumentality, officer, or
12 employee, or any political subdivision thereof, or any other
13 entity subject to the provisions of s. 768.28, Florida
14 Statutes, from any and all present or future claims that the
15 claimant or his or her heirs, successors, or assigns may have
16 against such entities and arising out of the factual situation
17 in connection with the conviction for which compensation is
18 being sought under this act.
19 (b) Declaratory action to obtain judicial expungement
20 of the claimant's judicial and executive branch records as
21 otherwise provided by law is not prohibited by this act.
22 (8) Payment shall be made to a claimant pursuant to
23 specific appropriation to the Department of Legal Affairs made
24 by the Legislature for the benefit of the claimant. Payment
25 shall be made within 90 days after the effective date of the
26 appropriation.
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30 And the title is amended as follows:
31 On page 1, lines 18-20, delete those lines
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2464
Barcode 375464
1 and insert:
2 the Chief Financial Officer; requiring the
3 department to make a legislative budget
4 request; providing for legislative redress of
5 disputes; requiring an executed release and
6 waiver as a condition precedent to tender of
7 payment; providing requirements with respect to
8 the processing and payment of a claim;
9 requiring that payment be made pursuant to
10 specific appropriation to the Department of
11 Legal Affairs; providing for waiver of
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