Florida Senate - 2015                              (NP)    SB 48
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-00073-15                                             201548__
    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 Mr. Brown for his wrongful
    5         incarceration; directing the Chief Financial Officer
    6         to draw a warrant; providing that the act does not
    7         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 Miami-Dade
   12  County, then known as Dade County, of rape and was sentenced to
   13  life in prison despite an earlier acquittal of the same charges
   14  in juvenile court, and
   15         WHEREAS, Mr. Brown served 38 years in prison, during which
   16  time he maintained his innocence, and
   17         WHEREAS, in September 2008, the Circuit Court in the 11th
   18  Judicial Circuit in and for Miami-Dade County vacated the
   19  judgment and sentence of Mr. Brown as entered on September 11,
   20  1970, as significant doubt 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 Mr.
   30  Brown to acknowledge the fact that he suffered significant
   31  damages that are unique to him, 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 $1.9 million is appropriated from the
   43  General Revenue Fund to the Department of Financial Services for
   44  the relief of Barney Brown for the injuries and damages he
   45  sustained.
   46         Section 3. The Chief Financial Officer is directed to draw
   47  a warrant in favor of Mr. Brown in the sum of $1.9 million upon
   48  funds of the Department of Financial Services in the State
   49  Treasury, and the Chief Financial Officer is directed to pay the
   50  same out of such funds in the State Treasury.
   51         Section 4. The Legislature by this act does not waive any
   52  defense of sovereign immunity or increase the limits of
   53  liability on behalf of the state or any person or entity that is
   54  subject to s. 768.28, Florida Statutes, or any other law.
   55         Section 5. This award is intended to provide the sole
   56  compensation for any and all present and future claims arising
   57  out of the factual situation in connection with Mr. Brown’s
   58  arrest, conviction, and incarceration. There shall be no further
   59  award to include attorney fees, lobbying fees, costs, or other
   60  similar expenses to Mr. Brown by the state or any agency,
   61  instrumentality, or political subdivision thereof, or any other
   62  entity, including any county constitutional office, officer, or
   63  employee, in state or federal court.
   64         Section 6. This act shall take effect upon becoming a law.