Senate Bill sb2464c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2464
By the Committee on Criminal Justice; and Senators Joyner and
Ring
591-2606-07
1 A bill to be entitled
2 An act relating to compensation for wrongful
3 incarceration; providing that a person who has
4 been wrongfully convicted of a felony offense
5 and incarcerated within the Department of
6 Corrections as a result of that conviction may
7 be financially compensated if determined to be
8 actually innocent; defining the term "actually
9 innocent"; providing a condition which
10 constitutes ineligibility for compensation
11 under the act; requiring that the claimant
12 submit specified documents to the Department of
13 Legal Affairs as proof of eligibility for
14 compensation; providing procedures and
15 requirements of the department with respect to
16 the examination and review of a claim;
17 providing criteria for payment of a claim by
18 the Chief Financial Officer; requiring the
19 department to make a legislative budget
20 request; providing for legislative redress of
21 disputes; requiring an executed release and
22 waiver as a condition precedent to tender of
23 payment; providing requirements with respect to
24 the processing and payment of a claim;
25 requiring that payment be made pursuant to
26 specific appropriation to the Department of
27 Legal Affairs; providing for waiver of
28 specified tuition and fees for claimants
29 compensated under the act; providing
30 requirements with respect to educational
31 benefits; providing that the Legislature is not
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2464
591-2606-07
1 deemed to have waived any defense of sovereign
2 immunity nor increased the limits of liability
3 as a result of the act or the payment of a
4 claim thereunder; providing legislative intent
5 with respect to amounts awarded under the act;
6 authorizing the Legislature to make an official
7 apology; providing an effective date.
8
9 WHEREAS, the Legislature recognizes that no system of
10 justice is impervious to human error, and
11 WHEREAS, United States v. Hasting, 461 U.S. 499 (1983),
12 reads, in part, "Given the myriad safeguards provided to
13 assure a fair trial, and taking into account the reality of
14 the human fallibility of the participants, there can be no
15 such thing as an error-free, perfect trial, and . . . the
16 Constitution does not guarantee such a trial," and
17 WHEREAS, the Legislature acknowledges that the state's
18 system of justice infrequently yields imperfect results which
19 may have tragic consequences, and
20 WHEREAS, this act is based on a moral desire to
21 acknowledge those who are wrongfully convicted of a felony
22 offense, incarcerated as a result of that conviction, and
23 determined to be actually innocent and is not a recognition of
24 a constitutional right or violation, and
25 WHEREAS, the Legislature intends that any compensation
26 made pursuant to this act be the sole compensation to be
27 provided by the state for any and all present and future
28 claims arising out of the factual situation in connection with
29 the claimant's conviction and imprisonment, NOW, THEREFORE,
30
31 Be It Enacted by the Legislature of the State of Florida:
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2464
591-2606-07
1 Section 1. Claim for compensation for wrongful
2 incarceration.--
3 (1) A person who has been wrongfully convicted of a
4 felony offense and incarcerated within the Department of
5 Corrections as a result of that conviction may be financially
6 compensated if the claimant is actually innocent.
7 (2) As used in this section, the term "actually
8 innocent" means:
9 (a) The claimant was charged, by indictment or
10 information, with the commission of an offense classified as a
11 felony;
12 (b) The claimant was convicted of the offense;
13 (c) The claimant was sentenced to incarceration for a
14 term of imprisonment as a result of the conviction;
15 (d) The claimant's acts did not constitute a crime;
16 and
17 (e) A court of competent jurisdiction found by clear
18 and convincing evidence that the claimant is actually innocent
19 as defined in this act and issued an order vacating,
20 dismissing, or reversing the conviction and sentence and
21 providing that no further proceedings can or will be held
22 against the claimant on any facts and circumstances alleged in
23 the proceedings which resulted in the conviction.
24 (3) A claimant shall not be eligible for compensation
25 if the claimant submits a completed application to the
26 Department of Legal Affairs later than 2 years after the order
27 vacating, reversing, or dismissing the sentence.
28 (4) The claimant must submit to the Department of
29 Legal Affairs for review and processing the following
30 documents as an application package, as proof of the
31 claimant's eligibility for compensation:
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2464
591-2606-07
1 (a) A certified copy of the judgment and sentence in
2 the case, including fingerprints;
3 (b) A set of the claimant's fingerprints, prepared by
4 the sheriff of the county in which the claimant resides and
5 taken within 6 months before the date on which the claim is
6 filed;
7 (c) A recent photograph of the claimant in a format no
8 larger than 2 inches by 3 inches;
9 (d) A certified copy of the order vacating,
10 dismissing, or reversing the conviction;
11 (e) A record from the Department of Corrections
12 showing the actual dates of the claimant's incarceration and a
13 photograph of the claimant taken by the department; and
14 (f) A brief sworn statement reciting the facts upon
15 which the claim for compensation is based and showing that the
16 claimant is actually innocent and in compliance with all
17 requirements of this act.
18 (5)(a) Upon receipt of an application, the Department
19 of Legal Affairs shall examine the application. Within 30 days
20 after receipt of the application, the department shall notify
21 the applicant of any apparent errors or omissions and request
22 any additional information the department is permitted by law
23 to require. The department shall not deny a claim for failure
24 to correct an error or omission or supply additional
25 information unless the department timely notified the claimant
26 within the 30-day period specified in this paragraph.
27 (b) The department shall process and review the claim
28 within a reasonable period of time after receiving a completed
29 application, which may not exceed 90 days.
30 (6) If the Department of Legal Affairs determines that
31 the claim for compensation is supported by sufficient proof,
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2464
591-2606-07
1 the department must forward a request for payment to the Chief
2 Financial Officer who shall pay the claim according to the
3 recommendation, subject to a specific appropriation made by
4 the Legislature pursuant to subsection (8).
5 (a) The department shall recommend compensation at the
6 rate of $50,000 for each year of wrongful incarceration,
7 prorated as necessary to compensate for portions of years.
8 (b) The department shall request sufficient funding in
9 its Legislative Budget Request pursuant to chapter 216 Florida
10 Statutes, to make payments that it recommends pursuant to the
11 provisions of this act.
12 (c) If the claimant has not executed the release and
13 waiver pursuant to paragraph (7)(a), the claimant is not
14 precluded from filing a claim bill in accordance with the
15 current Rules of the House of Representatives and the Rules of
16 the Senate, which shall be the sole redress of any dispute
17 regarding any part of this act.
18 (7)(a) Before payment is tendered pursuant to this
19 act, the claimant must present to the Chief Financial Officer
20 an executed release and waiver on behalf of the claimant or
21 his or her heirs, successors, and assigns, forever releasing
22 the state or any agency, instrumentality, officer, or
23 employee, or any political subdivision thereof, or any other
24 entity subject to the provisions of s. 768.28, Florida
25 Statutes, from any and all present or future claims that the
26 claimant or his or her heirs, successors, or assigns may have
27 against such entities and arising out of the factual situation
28 in connection with the conviction for which compensation is
29 being sought under this act.
30
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2464
591-2606-07
1 (b) Declaratory action to obtain judicial expungement
2 of the claimant's judicial and executive branch records as
3 otherwise provided by law is not prohibited by this act.
4 (8) Payment shall be made to a claimant pursuant to
5 specific appropriation to the Department of Legal Affairs made
6 by the Legislature for the benefit of the claimant. Payment
7 shall be made within 90 days after the effective date of the
8 appropriation.
9 (9) Any claimant who is compensated pursuant to this
10 act shall also have tuition and fees waived for up to a total
11 of 120 hours of instruction at any career center established
12 pursuant to s. 1001.44, Florida Statutes, any community
13 college established under part III of chapter 1004, Florida
14 Statutes, or any state university. For any educational benefit
15 made, the claimant is required to meet and maintain the
16 regular admission requirements of, and be registered at, such
17 career center, community college, or state university and make
18 satisfactory academic progress as defined by the educational
19 institution in which the claimant is enrolled.
20 (10) The Legislature shall not be deemed by this act
21 or by the payment of any claim to have waived any defense of
22 sovereign immunity or to have increased the limits of
23 liability on behalf of the state or any person subject to the
24 provisions of s. 768.28, Florida Statutes, or any other law.
25 (11) Any amount awarded by this act is intended to
26 provide the sole compensation for any and all present and
27 future claims arising out of the factual situation in
28 connection with the claimant's conviction and imprisonment. No
29 further award for attorney's fees, lobbying fees, costs, or
30 other similar expenses shall be made by the state.
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 2464
591-2606-07
1 (12) The Legislature is authorized to make an official
2 apology to a claimant under this act on behalf of the State of
3 Florida.
4 Section 2. This act shall take effect October 1, 2007.
5
6 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
7 Senate Bill 2464
8
9 - The bill is amended to provide for one lump-sum payment,
rather than ten annual installments in cases where the
10 total amount exceeds $500,000.
11 - The Department of Legal Affairs must submit a legislative
budget request, for the benefit of the claimant. The
12 claim must be paid within 90 days of the effective date
of the specific appropriation.
13
- The bill provides that should the claimant elect not to
14 execute the release and waiver required for payment of
compensation, he or she may seek redress through the
15 legislative claim bill process.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
7
CODING: Words stricken are deletions; words underlined are additions.