Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 346
       
       
       
       
       
       
                                Ì557582AÎ557582                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             02/19/2020 04:30 PM       .                                
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       Senator Bradley moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 193 - 244
    4  and insert:
    5  961.03, Florida Statutes, is amended, and paragraph (c) is added
    6  to that subsection, to read:
    7         961.03 Determination of status as a wrongfully incarcerated
    8  person; determination of eligibility for compensation.—
    9         (1)
   10         (b) The person must file the petition with the court:
   11         1.Within 2 years after the order vacating a conviction and
   12  sentence becomes final and the criminal charges against the
   13  person are dismissed or the person is retried and found not
   14  guilty, if the person’s conviction and sentence is vacated on or
   15  after July 1, 2020.
   16         2.By July 1, 2022, if the person’s conviction and sentence
   17  was vacated and the criminal charges against the person were
   18  dismissed or the person was retried and found not guilty after
   19  July 1, 2008, but before July 1, 2020, and he or she previously
   20  filed a claim under this section that was dismissed or did not
   21  file a claim under this section because the:
   22         a.Date when the criminal charges against the person were
   23  dismissed or the date the person was acquitted upon retrial
   24  occurred more than 90 days after the date of the final order
   25  vacating the conviction and sentence; or
   26         b.Person was convicted of an unrelated felony before his
   27  or her wrongful conviction and incarceration and was previously
   28  barred under s. 961.04.
   29         1.Within 90 days after the order vacating a conviction and
   30  sentence becomes final if the person’s conviction and sentence
   31  is vacated on or after July 1, 2008.
   32         2.By July 1, 2010, if the person’s conviction and sentence
   33  was vacated by an order that became final prior to July 1, 2008.
   34         (c)A deceased person’s heirs, successors, or assigns do
   35  not have standing to file a claim on the deceased person’s
   36  behalf under this section.
   37         Section 5. Subsections (3), (4), and (5) of section 961.04,
   38  Florida Statutes, are renumbered as subsections (1), (2), and
   39  (3), respectively, and present subsections (1) and (2) of that
   40  section are amended, to read:
   41         961.04 Eligibility for compensation for wrongful
   42  incarceration.—A wrongfully incarcerated person is not eligible
   43  for compensation under the act if:
   44         (1)Before the person’s wrongful conviction and
   45  incarceration, the person was convicted of, or pled guilty or
   46  nolo contendere to, regardless of adjudication, any violent
   47  felony, or a crime committed in another jurisdiction the
   48  elements of which would constitute a violent felony in this
   49  state, or a crime committed against the United States which is
   50  designated a violent felony, excluding any delinquency
   51  disposition;
   52         (2)Before the person’s wrongful conviction and
   53  incarceration, the person was convicted of, or pled guilty or
   54  nolo contendere to, regardless of adjudication, more than one
   55  felony that is not a violent felony, or more than one crime
   56  committed in another jurisdiction, the elements of which would
   57  constitute a felony in this state, or more than one crime
   58  committed against the United States which is designated a
   59  felony, excluding any delinquency disposition;
   60         Section 6. Section 961.06, Florida Statutes, is amended, to
   61  read:
   62         961.06 Compensation for wrongful incarceration.—
   63         (1) Except as otherwise provided in this act and subject to
   64  the limitations and procedures prescribed in this section, a
   65  person who is found to be entitled to compensation under the
   66  provisions of this act is entitled to:
   67         (a) Monetary compensation for wrongful incarceration, which
   68  shall be calculated at a rate of $50,000 for each year of
   69  wrongful incarceration, prorated as necessary to account for a
   70  portion of a year. For persons found to be wrongfully
   71  incarcerated after December 31, 2008, the Chief Financial
   72  Officer may adjust the annual rate of compensation for inflation
   73  using the change in the December-to-December “Consumer Price
   74  Index for All Urban Consumers” of the Bureau of Labor Statistics
   75  of the Department of Labor;
   76         (b) A waiver of tuition and fees for up to 120 hours of
   77  instruction at any career center established under s. 1001.44,
   78  any Florida College System institution as defined in s.
   79  1000.21(3), or any state university as defined in s. 1000.21(6),
   80  if the wrongfully incarcerated person meets and maintains the
   81  regular admission requirements of such career center, Florida
   82  College System institution, or state university; remains
   83  registered at such educational institution; and makes
   84  satisfactory academic progress as defined by the educational
   85  institution in which the claimant is enrolled;
   86         (c) The amount of any fine, penalty, or court costs imposed
   87  and paid by the wrongfully incarcerated person;
   88         (d) The amount of any reasonable attorney attorney’s fees
   89  and expenses incurred and paid by the wrongfully incarcerated
   90  person in connection with all criminal proceedings and appeals
   91  regarding the wrongful conviction, to be calculated by the
   92  department based upon the supporting documentation submitted as
   93  specified in s. 961.05; and
   94         (e) Notwithstanding any provision to the contrary in s.
   95  943.0583 or s. 943.0585, immediate administrative expunction of
   96  the person’s criminal record resulting from his or her wrongful
   97  arrest, wrongful conviction, and wrongful incarceration. The
   98  Department of Legal Affairs and the Department of Law
   99  Enforcement shall, upon a determination that a claimant is
  100  entitled to compensation, immediately take all action necessary
  101  to administratively expunge the claimant’s criminal record
  102  arising from his or her wrongful arrest, wrongful conviction,
  103  and wrongful incarceration. All fees for this process shall be
  104  waived.
  105  
  106  The total compensation awarded under paragraphs (a), (c), and
  107  (d) may not exceed $2 million. No further award for attorney
  108  attorney’s fees, lobbying fees, costs, or other similar expenses
  109  shall be made by the state.
  110         (2) In calculating monetary compensation under paragraph
  111  (1)(a), a wrongfully incarcerated person who is placed on parole
  112  or community supervision while serving the sentence resulting
  113  from the wrongful conviction and who commits no more than one
  114  felony that is not a violent felony which results in revocation
  115  of the parole or community supervision is eligible for
  116  compensation for the total number of years incarcerated. A
  117  wrongfully incarcerated person who commits one violent felony or
  118  more than one felony that is not a violent felony that results
  119  in revocation of the parole or community supervision is
  120  ineligible for any compensation under subsection (1).
  121         (3) Within 15 calendar days after issuing notice to the
  122  claimant that his or her claim satisfies all of the requirements
  123  under this act, the department shall notify the Chief Financial
  124  Officer to draw a warrant from the General Revenue Fund or
  125  another source designated by the Legislature in law for the
  126  purchase of an annuity for the claimant based on the total
  127  amount determined by the department under this act.
  128         (4) The Chief Financial Officer shall issue payment in the
  129  amount determined by the department to an insurance company or
  130  other financial institution admitted and authorized to issue
  131  annuity contracts in this state to purchase an annuity or
  132  annuities, selected by the wrongfully incarcerated person, for a
  133  term of not less than 10 years. The Chief Financial Officer is
  134  directed to execute all necessary agreements to implement this
  135  act and to maximize the benefit to the wrongfully incarcerated
  136  person. The terms of the annuity or annuities shall:
  137         (a) Provide that the annuity or annuities may not be sold,
  138  discounted, or used as security for a loan or mortgage by the
  139  wrongfully incarcerated person.
  140         (b) Contain beneficiary provisions for the continued
  141  disbursement of the annuity or annuities in the event of the
  142  death of the wrongfully incarcerated person.
  143         (5) If, at the time monetary compensation is determined
  144  under paragraph (1)(a), a court has previously entered a
  145  monetary judgment in favor of the claimant in a civil action
  146  related to the person’s wrongful incarceration, or the claimant
  147  has entered into a settlement agreement with the state or any
  148  political subdivision thereof related to the person’s wrongful
  149  incarceration, the amount of the damages in the civil action or
  150  settlement agreement, less any sums paid for attorney fees or
  151  for costs incurred in litigating the civil action or obtaining
  152  the settlement agreement, must be deducted from the total
  153  monetary compensation to which the claimant is entitled under
  154  this section Before the department approves the application for
  155  compensation, the wrongfully incarcerated person must sign a
  156  release and waiver on behalf of the wrongfully incarcerated
  157  person and his or her heirs, successors, and assigns, forever
  158  releasing the state or any agency, instrumentality, or any
  159  political subdivision thereof, or any other entity subject to s.
  160  768.28, from all present or future claims that the wrongfully
  161  incarcerated person or his or her heirs, successors, or assigns
  162  may have against such entities arising out of the facts in
  163  connection with the wrongful conviction for which compensation
  164  is being sought under the act.
  165         (6)If subsection (5) does not apply, and if after the time
  166  monetary compensation is determined under paragraph (1)(a) the
  167  court enters a monetary judgment in favor of the claimant in a
  168  civil action related to the person’s wrongful incarceration, or
  169  the claimant enters into a settlement agreement with the state
  170  or any political subdivision thereof related to the person’s
  171  wrongful incarceration, the claimant must reimburse the state
  172  for the monetary compensation in paragraph (1)(a), less any sums
  173  paid for attorney fees or costs incurred in litigating the civil
  174  action or obtaining the settlement agreement. A reimbursement
  175  required under this subsection shall not exceed the amount of
  176  the monetary award the claimant received for damages in a civil
  177  action or settlement agreement. The court shall include in the
  178  order of judgment an award to the state of any amount required
  179  to be deducted under this subsection.
  180         (6)(a)A wrongfully incarcerated person may not submit an
  181  application for compensation under this act if the person has a
  182  lawsuit pending against the state or any agency,
  183  instrumentality, or any political subdivision thereof, or any
  184  other entity subject to the provisions of s. 768.28, in state or
  185  federal court requesting compensation arising out of the facts
  186  in connection with the claimant’s conviction and incarceration.
  187         (7)(a)The claimant shall notify the department upon filing
  188  a civil action against the state or any political subdivision
  189  thereof in which the claimant is seeking monetary damages
  190  related to the claimant’s wrongful incarceration for which he or
  191  she previously received or is applying to receive compensation
  192  pursuant to paragraph (1)(a).
  193         (b)Upon notice of the claimant’s civil action, the
  194  department shall file in the case a notice of payment of
  195  monetary compensation to the claimant under paragraph (1)(a).
  196  The notice shall constitute a lien upon any judgment or
  197  settlement recovered under the civil action that is equal to the
  198  sum of monetary compensation paid to the claimant under
  199  paragraph (1)(a), less any attorney fees and litigation costs.
  200         (8)(a)(b) A wrongfully incarcerated person may not submit
  201  an application for compensation under this act if the person is
  202  the subject of a claim bill pending for claims arising out of
  203  the facts in connection with the claimant’s conviction and
  204  incarceration.
  205         (b)(c) Once an application is filed under this act, a
  206  wrongfully incarcerated person may not pursue recovery under a
  207  claim bill until the final disposition of the application.
  208         (c)(d)Any amount awarded under this act is intended to
  209  provide the sole compensation for any and all present and future
  210  claims arising out of the facts in connection with the
  211  claimant’s conviction and incarceration. Upon notification by
  212  the department that an application meets the requirements of
  213  this act, a wrongfully incarcerated person may not recover under
  214  a claim bill.
  215         (d)(e) Any compensation awarded under a claim bill shall be
  216  the sole redress for claims arising out of the facts in
  217  connection with the claimant’s conviction and incarceration and,
  218  upon any award of compensation to a wrongfully incarcerated
  219  person under a claim bill, the person may not receive
  220  compensation under this act.
  221         (9)(7) Any payment made under this act does not constitute
  222  a waiver of any defense of sovereign immunity or an increase in
  223  the limits of liability on behalf of the state or any person
  224  subject to the provisions of s. 768.28 or other law.
  225  
  226  ================= T I T L E  A M E N D M E N T ================
  227  And the title is amended as follows:
  228         Delete lines 31 - 39
  229  and insert:
  230         officer; amending s. 961.03, F.S.; extending the
  231         filing deadline for a petition claiming wrongful
  232         incarceration; providing limited retroactivity for
  233         filing a petition claiming wrongful incarceration;
  234         amending s. 961.04, F.S.; deleting eligibility
  235         requirements relating to a person’s conduct before the
  236         person’s wrongful conviction or incarceration;
  237         amending s. 961.06, F.S.; requiring the state to
  238         deduct the amount of a civil award from the state
  239         compensation amount owed if the claimant first
  240         receives a civil award; deleting a requirement that a
  241         wrongfully incarcerated person sign a liability
  242         release before receiving compensation; requiring a
  243         claimant to reimburse the state for any difference
  244         between state compensation and a civil award if the
  245         claimant receives statutory compensation prior to a
  246         civil award; deleting provisions prohibiting an
  247         application for compensation if the applicant has a
  248         pending civil suit requesting compensation; requiring
  249         a claimant to notify the Department of Legal Affairs
  250         upon filing a civil action; requiring the department
  251         to file a notice of payment of monetary compensation
  252         in the civil action; amending s.