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A bill to be entitled

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An act relating to compensation for wrongful

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incarceration; creating the Victims of Wrongful

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Incarceration Compensation Act; defining the term

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"wrongfully incarcerated person"; requiring that courts

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determine whether certain persons are wrongfully

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incarcerated persons upon petition by such persons or

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their attorneys; providing requirements for such petition;

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providing for monetary compensation for certain wrongfully

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incarcerated persons; providing for tuition waivers for

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wrongfully incarcerated persons who meet certain

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requirements; requiring that the criminal record of a

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wrongfully incarcerated person be expunged; providing

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exceptions and limitations regarding the eligibility of a

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wrongfully incarcerated person for compensation or

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benefits; requiring that a wrongfully incarcerated person

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seeking compensation or benefits as provided by the act

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apply with the Chief Financial Officer for such

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compensation or benefits; providing requirements and a

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deadline for such application; requiring that the Chief

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Financial Officer review each application and notify the

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claimant of any omissions or errors, or the need for

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additional information, within a specified period;

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requiring that the Chief Financial Officer process and

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review each completed application within a specified

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period; requiring that the Chief Financial Officer notify

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the claimant if he or she qualifies for benefits within a

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specified period; requiring that any compensation be paid

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within a specified period by specified means; requiring

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that a claimant receiving compensation sign a release

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before receiving such compensation; providing the terms of

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such release; providing that an award of compensation does

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not constitute a waiver of sovereign immunity by the

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state; authorizing the Department of Financial Services to

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adopt rules; providing for severability; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. Short title.--Sections 1-5 of this act may be

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cited as the "Victims of Wrongful Incarceration Compensation

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Act."

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     Section 2. Definition; finding of wrongful incarceration.--

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     (1) As used in sections 1-5 of this act, the term

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"wrongfully incarcerated person" means a person whose felony

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conviction and sentence have been vacated by a court of competent

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jurisdiction:

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     (a) Upon a finding by clear and convincing evidence that

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the person did not commit the offense resulting in the conviction

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and incarceration and that the person did not aid, abet, or act

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as an accomplice or accessory to a person who committed the

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offense; or

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     (b) Due to the discovery of exonerating evidence that is so

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probative of innocence that the court determines that a jury

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likely would have found the defendant not guilty had it known of

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the exonerating evidence, and the person is, in fact,

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subsequently acquitted or, due to the exonerating evidence, no

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further criminal proceedings can or will be initiated by the

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prosecutorial authority.

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     (2) Whenever a court, based on exonerating evidence, enters

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an order vacating a conviction and sentence, upon petition by the

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defendant or the defendant's attorney, the court must determine

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whether the defendant was wrongfully convicted and set forth in

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detail the evidence on which that finding is based. A court must

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find that a defendant was wrongfully convicted if there is clear

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and convincing evidence that the person did not commit the

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offense that resulted in the conviction and incarceration and

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that the person did not aid, abet, or act as an accomplice to a

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person who committed the offense.

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     (3) A person whose sentence and conviction have been

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vacated and who has not been subsequently convicted of the same

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offense, or any lesser included offense, for which the previous

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sentence and conviction were vacated before October 1, 2008, may

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petition the court for a determination of whether the person is a

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wrongfully incarcerated person if the prosecuting authority is

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given reasonable notice in writing that the person intends to

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petition the court for such a finding. The person must file the

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petition with the court by October 1, 2010, for a determination

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whether the person is a wrongfully incarcerated person in order

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to apply for compensation under this act.

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     Section 3. Compensation for wrongful incarceration.--

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     (1) Except as otherwise provided in this section and

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subject to the limitations and procedures prescribed in section 4

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of this act, a person who is found to be a wrongfully

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incarcerated person is entitled to:

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     (a) Monetary compensation for wrongful incarceration, which

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shall be calculated at a rate of $50,000 for each year of

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wrongful incarceration, prorated as necessary to account for

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portions of years. For persons found to be wrongfully

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incarcerated after December 31, 2008, the Chief Financial Officer

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may adjust the annual rate of compensation for inflation using

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the Consumer Price Index starting on January 1, 2009;

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     (b) A waiver of tuition and fees for up to 120 hours of

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instruction at any career center established under s. 1001.44,

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Florida Statutes, any community college established under part

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III of chapter 1004, Florida Statutes, or any state university,

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if the person found to have been wrongfully incarcerated meets

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and maintains the regular admission requirements of such career

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center, community college, or state university; remains

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registered at such educational institution; and makes

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satisfactory academic progress as defined by the educational

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institution in which the claimant is enrolled; and

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     (c) Notwithstanding any provision to the contrary in s.

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943.0585, Florida Statutes, immediate administrative expunction

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of the person's criminal record resulting from his or her

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wrongful arrest, wrongful conviction, and wrongful incarceration.

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     (2) A wrongfully incarcerated person is not eligible for

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compensation or benefits as listed in this section if:

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     (a) The person initiates his or her application to the

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Department of Financial Services more than 2 years after a court

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of competent jurisdiction determines that the person is a

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wrongfully incarcerated person; or

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     (b) Before his or her wrongful conviction and

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incarceration, the person has previously been designated as a

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violent career criminal pursuant to s. 775.084, Florida Statutes.

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     Section 4. Application for compensation or benefits for

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wrongful incarceration.--

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     (1) A wrongfully incarcerated person seeking compensation

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or benefits as described in section 3 of this act must apply to

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the Chief Financial Officer for such compensation or benefits.

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The application must include:

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     (a) A certified copy of the order finding the claimant to

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be a wrongfully incarcerated person;

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     (b) Certified copies of the original judgment and sentence;

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     (c) Documentation demonstrating the length of the sentence

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served, including documentation obtained from the Department of

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Corrections regarding the person's admission into and release

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from the department's custody;

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     (d) Positive proof of identification, including

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fingerprints and a current form of photo identification,

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demonstrating that the person seeking compensation is the same

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individual who was wrongfully incarcerated;

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     (e) All documentation maintained by the Department of Law

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Enforcement related to the person's criminal history or criminal

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record; and

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     (f) Any other documentation, evidence, or information

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required by rules adopted by the Department of Financial Services

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on behalf of the Chief Financial Officer.

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     (2) Upon receipt of an application for compensation, the

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Chief Financial Officer shall examine the application and notify

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the claimant within 30 calendar days of any errors or omissions,

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and request any additional information relevant to the review of

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the application. The claimant shall have 30 calendar days to

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correct any errors or omissions, or submit any additional

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information requested by the Chief Financial Officer. The Chief

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Financial Officer may not deny an application for failure of the

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claimant to correct an error or omission or supply additional

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information unless the Chief Financial Officer timely notified

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the claimant of such errors or omissions or requested such

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additional information within the 30-day period specified in this

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subsection. The Department of Financial Services shall process

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and review each completed application within 90 calendar days. If

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the department determines that the claim for compensation meets

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the requirements of sections 1 through 5 of this act, the

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department shall notify the claimant within 5 business days of

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that determination.

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     (3) Within 30 calendar days after issuing notice to the

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claimant, the Chief Financial Officer shall draw and issue a

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state warrant for the entire amount of the claim from the General

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Revenue Fund or any other available state funds.

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     (4) Before receiving the state warrant, the claimant must

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sign a release and waiver on behalf of the claimant and his or

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her heirs, successors, and assigns, forever releasing the state

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or any agency, instrumentality, or any political subdivision

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thereof, or any other entity subject to the provisions of s.

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768.28, Florida Statutes, from all present or future claims that

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the claimant or his or her heirs, successors, or assigns may have

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against such entities arising out of the factual situation in

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connection with the conviction for which compensation is being

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sought under sections 1 through 5 of this act.

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     (5) Notwithstanding any provision of s. 943.0585, Florida

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Statutes, the Department of Legal Affairs and the Department of

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Law Enforcement shall, upon notification by the Department of

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Financial Services that a claimant is eligible for compensation,

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immediately take all action necessary to administratively expunge

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the claimant's criminal record arising from his or her wrongful

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arrest, wrongful conviction, and wrongful incarceration. All fees

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for this process shall be waived.

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     (6) Any payment made under this act does not constitute a

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waiver of any defense of sovereign immunity or an increase in the

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limits of liability on behalf of the state or any person subject

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to the provisions of s. 768.28, Florida Statutes, or other law.

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     Section 5. The Department of Financial Services, on behalf

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of the Chief Financial Officer, may adopt rules regarding the

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forms and procedures related to applications for compensation

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under the Victims of Wrongful Incarceration Compensation Act.

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     Section 6. If any provision of this act or its application

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to any person or circumstance is held invalid, the invalidity

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does not affect other provisions or applications of the act which

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can be given effect without the invalid provision or application,

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and to this end the provisions of this act are severable.

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     Section 7.  This act shall take effect October 1, 2008.