Senate Bill sb2464c1

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    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

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    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:

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    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:

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    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,

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    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  

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    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  

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    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.
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    -    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.

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