Florida Senate - 2014 SENATOR AMENDMENT
Bill No. CS for CS for SB 326
Ì6872622Î687262
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
05/02/2014 09:00 PM .
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Senator Thompson moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 961.055, Florida Statutes, is created to
6 read:
7 961.055 Application for compensation for a wrongfully
8 incarcerated person; exemption from application by nolle
9 prosequi.—
10 (1) A person alleged to be a wrongfully incarcerated person
11 who was convicted and sentenced to death on or before December
12 31, 1979, is exempt from the application provisions of ss.
13 961.03, 961.04, and 961.05 in the determination of wrongful
14 incarceration and eligibility to receive compensation pursuant
15 to s. 961.06 if:
16 (a) The Governor issues an executive order appointing a
17 special prosecutor to review the defendant’s conviction; and
18 (b) The special prosecutor thereafter enters a nolle
19 prosequi for the charges for which the defendant was convicted
20 and sentenced to death.
21 (2) The nolle prosequi constitutes conclusive proof that
22 the defendant is innocent of the offenses charged and is
23 eligible to receive compensation under this chapter.
24 (3) This section is repealed July 1, 2018.
25 Section 2. Section 961.056, Florida Statutes, is created to
26 read:
27 961.056 Alternative application for compensation for a
28 wrongfully incarcerated person.—
29 (1) A person who has been determined to be a wrongfully
30 incarcerated person pursuant to s. 961.055 is eligible to apply
31 to the department to receive compensation for such wrongful
32 incarceration.
33 (a) Only the wrongfully incarcerated person may apply for
34 compensation. The estate of, or personal representative for, a
35 decedent may not apply on behalf of the decedent for
36 compensation for wrongful incarceration.
37 (b) In order to receive compensation, the wrongfully
38 incarcerated person shall, by July 1, 2016, submit to the
39 Department of Legal Affairs an application for compensation
40 irrespective of whether the person has previously sought
41 compensation under this chapter. The application must include:
42 1. A certified copy of the nolle prosequi or nolle prosequi
43 memorandum;
44 2. Certified copies of the original judgment and sentence;
45 3. Documentation demonstrating the length of the sentence
46 served, including documentation from the Department of
47 Corrections regarding the person’s admission into and release
48 from the custody of the Department of Corrections;
49 4. Positive proof of identification, as evidenced by two
50 full sets of fingerprints prepared by a law enforcement agency
51 of this state and a current form of photo identification;
52 5. Supporting documentation of any fine, penalty, or court
53 costs imposed on and paid by the wrongfully incarcerated person
54 as described in s. 961.06(1);
55 6. Supporting documentation of any reasonable attorney fees
56 and expenses as described in s. 961.06(1); and
57 7. Any other documentation, evidence, or information
58 required by rules adopted by the department.
59 (2) The law enforcement agency that prepared the
60 applicant’s set of fingerprints shall forward both full sets to
61 the Department of Law Enforcement. The Department of Law
62 Enforcement shall retain one set for statewide criminal records
63 checks and forward the second set of fingerprints to the Federal
64 Bureau of Investigation for national criminal records checks.
65 The results of the state and national records checks shall be
66 submitted to the department.
67 (3) Upon receipt of an application, the department shall
68 examine the application and, within 30 days after receipt of the
69 application, shall notify the claimant of any error or omission
70 and request any additional information relevant to the review of
71 the application.
72 (a) The claimant has 15 days after proper notification by
73 the department to correct any identified error or omission in
74 the application and to supply any additional information
75 relevant to the application.
76 (b) The department may not deny an application for failure
77 of the claimant to correct an error or omission or to supply
78 additional information unless the department has notified the
79 claimant of such error or omission and requested the additional
80 information within the 30-day period specified in this
81 subsection.
82 (c) The department shall process and review each complete
83 application within 90 calendar days.
84 (d) Once the department determines whether a claim for
85 compensation meets the requirements of this chapter, the
86 department shall notify the claimant within 5 business days
87 after that determination.
88 (4) If the department determines that a claimant making
89 application under this section meets the requirements of this
90 chapter, the wrongfully incarcerated person is entitled to
91 compensation under s. 961.06.
92 (5)(a) No portion of the compensation paid to a claimant
93 making application under this section may be used for attorney
94 fees, lobbyist fees, or costs relating to assisting the claimant
95 in receiving such compensation.
96 (b) A person who accepts any portion of the compensation
97 paid to a claimant making application under this section as
98 payment for attorney fees, lobbyist fees, or costs relating to
99 assisting the claimant in receiving such compensation commits a
100 misdemeanor of the first degree, punishable as provided in s.
101 775.082 or s. 775.083.
102 (6) This section is repealed July 1, 2018.
103 Section 3. Subsections (4) and (5) of section 961.06,
104 Florida Statutes, are amended to read:
105 961.06 Compensation for wrongful incarceration.—
106 (4) The Chief Financial Officer shall issue payment in the
107 amount determined by the department to an insurance company or
108 other financial institution admitted and authorized to issue
109 purchase an annuity contracts in this state to purchase an
110 annuity or annuities, selected by the wrongfully incarcerated
111 person, on behalf of the claimant for a term of not less than 10
112 years. The Chief Financial Officer is directed to execute all
113 necessary agreements to implement this act and to maximize the
114 benefit to the wrongfully incarcerated person. The terms of the
115 annuity or annuities shall:
116 (a) Provide that the annuity or annuities may not be sold,
117 discounted, or used as security for a loan or mortgage by the
118 wrongfully incarcerated person applicant.
119 (b) Contain beneficiary provisions for the continued
120 disbursement of the annuity or annuities in the event of the
121 death of the wrongfully incarcerated person applicant.
122 (5) Before the department approves the application for
123 compensation Chief Financial Officer draws the warrant for the
124 purchase of the annuity, the wrongfully incarcerated person
125 claimant must sign a release and waiver on behalf of the
126 wrongfully incarcerated person claimant and his or her heirs,
127 successors, and assigns, forever releasing the state or any
128 agency, instrumentality, or any political subdivision thereof,
129 or any other entity subject to the provisions of s. 768.28, from
130 all present or future claims that the wrongfully incarcerated
131 person claimant or his or her heirs, successors, or assigns may
132 have against such entities arising out of the facts in
133 connection with the wrongful conviction for which compensation
134 is being sought under the act. The release and waiver must be
135 provided to the department prior to the issuance of the warrant
136 by the Chief Financial Officer.
137 Section 4. This act shall take effect July 1, 2014.
138
139 ================= T I T L E A M E N D M E N T ================
140 And the title is amended as follows:
141 Delete everything before the enacting clause
142 and insert:
143 A bill to be entitled
144 An act relating to victims of wrongful incarceration;
145 creating s. 961.055, F.S.; providing that a wrongfully
146 incarcerated person who was convicted and sentenced to
147 death on or before December 31, 1979, is exempt from
148 certain application procedures for compensation if a
149 special prosecutor issues a nolle prosequi after
150 reviewing the defendant’s conviction; creating s.
151 961.056, F.S.; providing alternative procedures for
152 applying for compensation; requiring the claimant to
153 file an application with the Department of Legal
154 Affairs within a specified time; requiring the
155 application to include certain information and
156 documents; providing that the claimant is entitled to
157 compensation if all requirements are met; prohibiting
158 compensation from being used for specified attorney
159 fees, lobbyist fees, and costs; providing criminal
160 penalties; providing that the section is repealed on a
161 specified date; amending s. 961.06, F.S.; requiring
162 the Chief Financial Officer to issue payment to an
163 insurance company or other financial institution
164 authorized to issue annuity contracts to purchase an
165 annuity or annuities selected by the wrongfully
166 incarcerated person; requiring the Chief Financial
167 Officer to execute all necessary agreements to
168 implement compensation and to maximize the benefit to
169 the wrongfully incarcerated person; requiring the
170 wrongfully incarcerated person to sign a waiver before
171 the department’s approval of the application;
172 providing an effective date.