Florida Senate - 2013                             (NP)    SB 170
       
       
       
       By Senator Soto
       
       
       
       
       14-00470-13                                            2013170__
    1                        A bill to be entitled                      
    2         An act for the relief of Barney Brown, who was
    3         wrongfully incarcerated for 38 years; providing an
    4         appropriation to compensate Barney Brown for his
    5         wrongful incarceration; directing the Chief Financial
    6         Officer to draw a warrant; providing that the act does
    7         not waive certain defenses or increase the state’s
    8         liability; providing a limitation on the payment of
    9         fees and costs; providing an effective date.
   10  
   11         WHEREAS, in 1970, Barney Brown was convicted in Dade
   12  County, Florida, of rape and was sentenced to life in prison
   13  despite an earlier acquittal of the same charges in juvenile
   14  court, and
   15         WHEREAS, Barney Brown served 38 years in prison, during
   16  which time he maintained his innocence, and
   17         WHEREAS, in September 2008, the Circuit Court in the
   18  Eleventh Circuit vacated the judgment and sentence of Barney
   19  Brown as entered on September 11, 1970, as significant doubt
   20  existed as to his guilt, and
   21         WHEREAS, the Legislature acknowledges that the state’s
   22  system of justice yielded an imperfect result that had tragic
   23  consequences in this case, and
   24         WHEREAS, this act is based on a moral desire to acknowledge
   25  those who are wrongfully convicted of a felony offense,
   26  incarcerated as a result of that conviction, and determined to
   27  be actually innocent and is not a recognition of a
   28  constitutional right or violation, and
   29         WHEREAS, the Legislature is providing compensation to
   30  Barney Brown to acknowledge the fact that he suffered
   31  significant damages that are unique to Barney Brown, and
   32         WHEREAS, the Legislature intends that any compensation made
   33  pursuant to this act be the sole compensation to be provided by
   34  the state for any and all present and future claims arising out
   35  of the factual situation in connection with the claimant’s
   36  conviction and imprisonment, NOW, THEREFORE,
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. The facts stated in the preamble to this act are
   41  found and declared to be true.
   42         Section 2. The sum of $1,900,000 is appropriated from the
   43  General Revenue Fund to the Department of Financial Services for
   44  the relief of Barney Brown for injuries and damages sustained.
   45         Section 3. The Chief Financial Officer is directed to draw
   46  a warrant in favor of Barney Brown in the sum of $1,900,000 upon
   47  funds of the Department of Financial Services in the State
   48  Treasury, and the Chief Financial Officer is directed to pay the
   49  same out of such funds in the State Treasury.
   50         Section 4. The Legislature by this act does not waive any
   51  defense of sovereign immunity or increase the limits of
   52  liability on behalf of the state or any person or entity that is
   53  subject to s. 768.28, Florida Statutes, or any other law.
   54         Section 5. This award is intended to provide the sole
   55  compensation for any and all present and future claims arising
   56  out of the factual situation in connection with Barney Brown’s
   57  arrest, conviction, and incarceration. There shall be no further
   58  award to include attorney fees, lobbying fees, costs, or other
   59  similar expenses to Barney Brown by the state or any agency,
   60  instrumentality, or political subdivision thereof, or any other
   61  entity, including any county constitutional office, officer, or
   62  employee, in state or federal court.
   63         Section 6. This act shall take effect upon becoming a law.