Florida Senate - 2014                              (NP)    SB 16
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-00082-14                                             201416__
    1                        A bill to be entitled                      
    2  
    3         WHEREAS, in 1970, Barney Brown was convicted in Dade County, Florida, of rape and was sentenced to life in prison despite an earlier acquittal of the same charges in juvenile court, andWHEREAS, Barney Brown served 38 years in prison, during which time he maintained his innocence, andWHEREAS, in September 2008, the Circuit Court in the Eleventh Circuit vacated the judgment and sentence of Barney Brown as entered on September 11, 1970, as significant doubt existed as to his guilt, andWHEREAS, the Legislature acknowledges that the state’s system of justice yielded an imperfect result that had tragic consequences in this case, andWHEREAS, this act is based on a moral desire to acknowledge those who are wrongfully convicted of a felony offense, incarcerated as a result of that conviction, and determined to be actually innocent and is not a recognition of a constitutional right or violation, andWHEREAS, the Legislature is providing compensation to Barney Brown to acknowledge the fact that he suffered significant damages that are unique to Barney Brown, andWHEREAS, the Legislature intends that any compensation made pursuant to this act be the sole compensation to be provided by the state for any and all present and future claims arising out of the factual situation in connection with the claimant’s conviction and imprisonment, NOW, THEREFORE,Be It Enacted by the Legislature of the State of Florida:Section 1. The facts stated in the preamble to this act are found and declared to be true.Section 2. The sum of $1.9 million is appropriated from the General Revenue Fund to the Department of Financial Services for the relief of Barney Brown for injuries and damages sustained.Section 3. The Chief Financial Officer is directed to draw a warrant in favor of Barney Brown in the sum of $1.9 million upon funds of the Department of Financial Services in the State Treasury, and the Chief Financial Officer is directed to pay the same out of such funds in the State Treasury.Section 4. The Legislature by this act does not waive any defense of sovereign immunity or increase the limits of liability on behalf of the state or any person or entity that is subject to s. 768.28, Florida Statutes, or any other law.Section 5. This award is intended to provide the sole compensation for any and all present and future claims arising out of the factual situation in connection with Barney Brown’s arrest, conviction, and incarceration. There shall be no further award to include attorney fees, lobbying fees, costs, or other similar expenses to Barney Brown by the state or any agency, instrumentality, or political subdivision thereof, or any other entity, including any county constitutional office, officer, or employee, in state or federal court.Section 6. This act shall take effect upon becoming a law.