Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 700, 1st Eng.
       
       
       
       
       
       
                                Ì842180~Î842180                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/RM          .                                
             03/13/2020 10:14 PM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment to House Amendment (601895) (with title
    2  amendment)
    3  
    4         After line 74
    5  insert:
    6         Section 3. Section 925.11, Florida Statutes, is amended to
    7  read:
    8         925.11 Postsentencing forensic analysis DNA testing.—
    9         (1)DEFINITIONS.—As used in this section, the term:
   10         (a)“CODIS” has the same meaning as provided in s. 943.325.
   11         (b)“Department” means the Department of Law Enforcement.
   12         (c)“Forensic analysis” means the process by which a
   13  forensic or scientific technique is applied to physical evidence
   14  or biological material to identify the perpetrator of, or
   15  accomplice to, a crime. The term includes, but is not limited
   16  to, deoxyribonucleic acid (DNA) testing.
   17         (d)“Petitioner” means a defendant who has been convicted
   18  of and sentenced for a felony.
   19         (2)(1) PETITION FOR EXAMINATION.—
   20         (a)1. A person who has been tried and found guilty of
   21  committing a felony and has been sentenced by a court
   22  established by the laws of the this state may petition that
   23  court to order the forensic analysis examination of physical
   24  evidence collected at the time of the investigation of the crime
   25  for which he or she has been sentenced that may result in
   26  evidence material to the identity of the perpetrator of, or
   27  accomplice to, the crime that resulted in the person’s
   28  conviction may contain DNA (deoxyribonucleic acid) and that
   29  would exonerate that person or mitigate the sentence that person
   30  received.
   31         2.A person who has entered a plea of guilty or nolo
   32  contendere to a felony prior to July 1, 2006, and has been
   33  sentenced by a court established by the laws of this state may
   34  petition that court to order the examination of physical
   35  evidence collected at the time of the investigation of the crime
   36  for which he or she has been sentenced that may contain DNA
   37  (deoxyribonucleic acid) and that would exonerate that person.
   38         (b) A petition for postsentencing forensic analysis DNA
   39  testing under paragraph (a) may be filed or considered at any
   40  time following the date that the judgment and sentence in the
   41  case becomes final.
   42         (3)(2) METHOD FOR SEEKING POSTSENTENCING FORENSIC ANALYSIS
   43  DNA TESTING.—
   44         (a) A The petition for postsentencing forensic analysis DNA
   45  testing must be made under oath by the sentenced defendant and
   46  must include the following:
   47         1. A statement of the facts relied on in support of the
   48  petition, including a description of the physical evidence
   49  containing DNA to be tested and, if known, the present location
   50  or the last known location of the evidence and how it was
   51  originally obtained.;
   52         2. A statement that the evidence was not previously
   53  subjected to forensic analysis tested for DNA or a statement
   54  that the results of any previous forensic analysis DNA testing
   55  were inconclusive and that subsequent scientific developments in
   56  forensic analysis DNA testing techniques would likely produce
   57  evidence material to a definitive result establishing that the
   58  identity of the perpetrator of, or accomplice to, petitioner is
   59  not the person who committed the crime.;
   60         3. A statement that the petitioner sentenced defendant is
   61  innocent and how the forensic analysis DNA testing requested by
   62  the petitioner may result in evidence that is material to
   63  petition will exonerate the identity of the perpetrator of, or
   64  accomplice to, the defendant of the crime for which the
   65  defendant was sentenced or will mitigate the sentence received
   66  by the defendant for that crime.;
   67         4. A statement that identification of the defendant is a
   68  genuinely disputed issue in the case, and why it is an issue.;
   69         5.A statement that the petitioner will comply with any
   70  court order to provide a biological sample for the purpose of
   71  conducting requested forensic analysis and acknowledging that
   72  such analysis could produce exculpatory evidence or evidence
   73  confirming the petitioner’s identity as the perpetrator of, or
   74  accomplice to, the crime or a separate crime.
   75         6.5. Any other facts relevant to the petition.; and
   76         7.6. A certificate that a copy of the petition has been
   77  served on the prosecuting authority.
   78         8.The petitioner’s sworn statement attesting to the
   79  contents of the petition.
   80         (b) Upon receiving the petition, the clerk of the court
   81  shall file it and deliver the court file to the assigned judge.
   82         (c) The court shall review the petition and deny it if it
   83  is insufficient. If the petition is sufficient, the prosecuting
   84  authority shall be ordered to respond to the petition within 30
   85  days.
   86         (d) Upon receiving the response of the prosecuting
   87  authority, the court shall review the response and enter an
   88  order on the merits of the petition or set the petition for
   89  hearing.
   90         (e) Counsel may be appointed to assist the petitioner
   91  sentenced defendant if the petition proceeds to a hearing and if
   92  the court determines that the assistance of counsel is necessary
   93  and makes the requisite finding of indigency.
   94         (f) The court shall make the following findings when ruling
   95  on the petition:
   96         1. Whether the petitioner sentenced defendant has shown
   97  that the physical evidence that may be subjected to forensic
   98  analysis contain DNA still exists.;
   99         2. Whether the results of forensic analysis DNA testing of
  100  that physical evidence would be admissible at trial and whether
  101  there exists reliable proof to establish that the evidence has
  102  not been materially altered and would be admissible at a future
  103  hearing.; and
  104         3. Whether there is a reasonable probability that the
  105  forensic analysis may result in evidence that is material to the
  106  identity of the perpetrator of, or accomplice to, the crime
  107  there is a reasonable probability that the sentenced defendant
  108  would have been acquitted or would have received a lesser
  109  sentence if the DNA evidence had been admitted at trial.
  110         (g) If the court orders forensic analysis DNA testing of
  111  the physical evidence, the cost of such analysis testing may be
  112  assessed against the petitioner sentenced defendant unless he or
  113  she is indigent. If the petitioner sentenced defendant is
  114  indigent, the state shall bear the cost of the forensic analysis
  115  DNA testing ordered by the court, unless otherwise specified in
  116  paragraph (i).
  117         (h) Except as provided in paragraph (i), any forensic
  118  analysis DNA testing ordered by the court shall be performed
  119  carried out by the department of Law Enforcement or its
  120  designee, as provided in s. 943.3251.
  121         (i)The court may order forensic analysis to be performed
  122  by a private laboratory when the petitioner is able to pay for
  123  the cost of such analysis.
  124         (j)Before the court may order a private laboratory to
  125  perform forensic analysis in the form of DNA testing, the
  126  petitioner must obtain and submit certification to the court of
  127  the following:
  128         1.Proof of the private laboratory’s accreditation by an
  129  accreditation body that is a signatory to the International
  130  Laboratory Accreditation Cooperation Mutual Recognition
  131  Arrangement.
  132         2.Proof that the private laboratory is designated by the
  133  Federal Bureau of Investigation as possessing an accreditation
  134  that includes DNA testing and the laboratory is compliant with
  135  Federal Bureau of Investigation quality assurance standards
  136  adopted in accordance with 34 U.S.C. s. 12591.
  137         3.Verification by the department that the private
  138  laboratory’s operating procedures, testing kits, and
  139  instrumentation meet CODIS requirements and submission standards
  140  for inclusion in the statewide DNA database. The department must
  141  comply with a court order to verify private laboratory
  142  eligibility under this section.
  143         (k)If the court orders forensic analysis in the form of
  144  DNA testing and the resulting DNA sample meets statewide DNA
  145  database submission standards established by the department, the
  146  department must perform a DNA database search. A private
  147  laboratory ordered to perform forensic analysis under paragraph
  148  (i) must cooperate with the prosecuting authority and the
  149  department for the purpose of carrying out this requirement.
  150         1.The department shall compare any DNA profile obtained
  151  from the testing to DNA profiles of known offenders and DNA
  152  profiles from unsolved crimes maintained in the statewide DNA
  153  database under s. 943.325.
  154         2.If the testing complies with the Federal Bureau of
  155  Investigation requirements and the data meets national DNA index
  156  system criteria, the department shall request the national DNA
  157  index system to search its database of DNA profiles using any
  158  profile obtained from the testing.
  159         (l)(i) The results of the forensic analysis and the results
  160  of any search of CODIS and the statewide DNA databases DNA
  161  testing ordered by the court shall be provided to the court, the
  162  petitioner sentenced defendant, and the prosecuting authority.
  163  The petitioner or the state may use the information for any
  164  lawful purpose.
  165         (4)(3) RIGHT TO APPEAL; REHEARING.—
  166         (a) An appeal from the court’s order on the petition for
  167  postsentencing forensic analysis DNA testing may be taken by any
  168  adversely affected party.
  169         (b) An order denying relief shall include a statement that
  170  the petitioner sentenced defendant has the right to appeal
  171  within 30 days after the order denying relief is entered.
  172         (c) The petitioner sentenced defendant may file a motion
  173  for rehearing of any order denying relief within 15 days after
  174  service of the order denying relief. The time for filing an
  175  appeal shall be tolled until an order on the motion for
  176  rehearing has been entered.
  177         (d) The clerk of the court shall serve on all parties a
  178  copy of any order rendered with a certificate of service,
  179  including the date of service.
  180         (5)(4) PRESERVATION OF EVIDENCE.—
  181         (a) Governmental entities that may be in possession of any
  182  physical evidence in the case, including, but not limited to,
  183  any investigating law enforcement agency, the clerk of the
  184  court, the prosecuting authority, or the department of Law
  185  Enforcement shall maintain any physical evidence collected at
  186  the time of the crime for which a postsentencing testing of DNA
  187  may be requested.
  188         (b) In a case in which the death penalty is imposed, the
  189  evidence shall be maintained for 60 days after execution of the
  190  sentence. In all other cases, a governmental entity may dispose
  191  of the physical evidence if the term of the sentence imposed in
  192  the case has expired and no other provision of law or rule
  193  requires that the physical evidence be preserved or retained.
  194         (c)In a case in which physical evidence requested for
  195  forensic analysis, last known to be in possession of a
  196  governmental entity, is reported to be missing or destroyed in
  197  violation of this section, the court may order the evidence
  198  custodian to conduct a physical search for the evidence. If a
  199  search is ordered, the governmental entity must produce a report
  200  containing the following information:
  201         1.The nature of the search conducted.
  202         2.The date the search was conducted.
  203         3.The results of the search.
  204         4.Any records showing the physical evidence was lost or
  205  destroyed.
  206         5.The signature of the person who supervised the search,
  207  attesting to the accuracy of the contents of the report.
  208  
  209  The report must be provided to the court, the petitioner, and
  210  the prosecuting authority.
  211         Section 4. Section 925.12, Florida Statutes, is amended to
  212  read:
  213         925.12 Forensic analysis DNA testing; defendants entering
  214  pleas.—
  215         (1) As used in this section, the terms “forensic analysis”
  216  and “petitioner” have the same meanings as provided in s.
  217  925.11.
  218         (2)A person For defendants who has have entered a plea of
  219  guilty or nolo contendere to a felony and has been sentenced by
  220  a court established by the laws of the state on or after July 1,
  221  2006, a defendant may petition that court for postsentencing
  222  forensic analysis DNA testing under s. 925.11 under the
  223  following circumstances:
  224         (a) If the person entered a plea before July 1, 2006, the
  225  person may petition for forensic analysis under s. 925.11.
  226         (b)If the person entered a plea on or after July 1, 2006,
  227  but before July 1, 2020, the person may petition for:
  228         1.Forensic analysis, other than DNA testing, under s.
  229  925.11.
  230         2.DNA testing, when either of the following applies:
  231         a. The facts on which the petition is predicated were
  232  unknown to the petitioner or the petitioner’s attorney at the
  233  time the plea was entered and could not have been ascertained by
  234  the exercise of due diligence; or
  235         b.(b) The physical evidence for which DNA testing is sought
  236  was not disclosed to the defense by the state before prior to
  237  the entry of the plea by the petitioner.
  238         (c)If the person entered a plea on or after July 1, 2020,
  239  the person may petition for forensic analysis when either of the
  240  following applies:
  241         1.The facts on which the petition is predicated were
  242  unknown to the petitioner or the petitioner’s attorney at the
  243  time the plea was entered and could not have been ascertained by
  244  the exercise of due diligence; or
  245         2.The physical evidence for which forensic analysis is
  246  sought was not disclosed to the defense by the state before the
  247  entry of the plea by the petitioner.
  248         (3)(2) For defendants seeking to enter a plea of guilty or
  249  nolo contendere to a felony on or after July 1, 2020 July 1,
  250  2006, the court shall inquire of the defendant and of counsel
  251  for the defendant and the state as to physical evidence
  252  containing DNA known to exist that, if subjected to forensic
  253  analysis, could produce evidence that is material to the
  254  identification of the perpetrator of, or accomplice to, the
  255  crime before could exonerate the defendant prior to accepting a
  256  plea of guilty or nolo contendere. If no such physical evidence
  257  containing DNA that could exonerate the defendant is known to
  258  exist, the court may proceed with consideration of accepting the
  259  plea. If such physical evidence containing DNA that could
  260  exonerate the defendant is known to exist, the court may
  261  postpone the proceeding on the defendant’s behalf and order
  262  forensic analysis DNA testing upon motion of counsel specifying
  263  the physical evidence to be tested.
  264         (4)(3) It is the intent of the Legislature that the Supreme
  265  Court adopt rules of procedure consistent with this section for
  266  a court, before prior to the acceptance of a plea, to make an
  267  inquiry into the following matters:
  268         (a) Whether counsel for the defense has reviewed the
  269  discovery disclosed by the state and whether such discovery
  270  included a listing or description of physical items of evidence.
  271         (b) Whether the nature of the evidence against the
  272  defendant disclosed through discovery has been reviewed with the
  273  defendant.
  274         (c) Whether the defendant or counsel for the defendant is
  275  aware of any physical evidence disclosed by the state for which
  276  forensic analysis could produce a result material to the
  277  identification of the perpetrator of, or accomplice to, the
  278  crime DNA testing may exonerate the defendant.
  279         (d) Whether the state is aware of any physical evidence for
  280  which forensic analysis could produce a result material to the
  281  identification of the perpetrator of, or accomplice to, the
  282  crime DNA testing may exonerate the defendant.
  283         (5)(4) It is the intent of the Legislature that the
  284  postponement of the proceedings by the court on the defendant’s
  285  behalf under subsection (3) (2) constitute an extension
  286  attributable to the defendant for purposes of the defendant’s
  287  right to a speedy trial.
  288         Section 5. Subsections (6) and (14) of section 943.325,
  289  Florida Statutes, are amended to read:
  290         943.325 DNA database.—
  291         (6) SAMPLES.—The statewide DNA database may contain DNA
  292  data obtained from the following types of biological samples:
  293         (a) Crime scene samples.
  294         (b) Samples obtained from qualifying offenders required by
  295  this section to provide a biological sample for DNA analysis and
  296  inclusion in the statewide DNA database.
  297         (c) Samples lawfully obtained during the course of a
  298  criminal investigation.
  299         (d) Samples from deceased victims or suspects that were
  300  lawfully obtained during the course of a criminal investigation.
  301         (e) Samples from unidentified human remains.
  302         (f) Samples from persons reported missing.
  303         (g) Samples voluntarily contributed by relatives of missing
  304  persons.
  305         (h)Samples obtained from DNA testing ordered under s.
  306  925.11.
  307         (i)(h) Other samples approved by the department.
  308         (14) RESULTS.—The results of a DNA analysis and the
  309  comparison of analytic results shall be released only to
  310  criminal justice agencies as defined in s. 943.045 at the
  311  request of the agency or as required by s. 925.11. Otherwise,
  312  such information is confidential and exempt from s. 119.07(1)
  313  and s. 24(a), Art. I of the State Constitution.
  314         Section 6. Section 943.3251, Florida Statutes, is amended
  315  to read:
  316         943.3251 Postsentencing forensic analysis and DNA database
  317  searches DNA testing.—
  318         (1) When a court orders postsentencing forensic analysis
  319  DNA testing of physical evidence, pursuant to s. 925.11, the
  320  Florida Department of Law Enforcement, or its designee, or a
  321  private laboratory shall carry out the analysis. If the forensic
  322  analysis produces a DNA sample meeting statewide DNA database
  323  submission standards, the department shall conduct a DNA
  324  database search testing.
  325         (2) The cost of forensic analysis and any database search
  326  such testing may be assessed against the petitioner sentenced
  327  defendant, pursuant to s. 925.11, unless he or she is indigent.
  328         (3) The results of postsentencing forensic analysis and any
  329  database search DNA testing shall be provided to the court, the
  330  petitioner sentenced defendant, and the prosecuting authority.
  331         Section 7. Paragraph (f) of subsection (2) of section
  332  948.06, Florida Statutes, is amended to read:
  333         948.06 Violation of probation or community control;
  334  revocation; modification; continuance; failure to pay
  335  restitution or cost of supervision.—
  336         (2)
  337         (f)1. Except as provided in subparagraph 3. or upon waiver
  338  by the probationer, the court shall modify or continue a
  339  probationary term upon finding a probationer in violation when
  340  all any of the following apply applies:
  341         a. The term of supervision is probation.
  342         b. The probationer does not qualify as a violent felony
  343  offender of special concern, as defined in paragraph (8)(b).
  344         c. The violation is a low-risk technical violation, as
  345  defined in paragraph (9)(b).
  346         d. The court has not previously found the probationer in
  347  violation of his or her probation pursuant to a filed violation
  348  of probation affidavit during the current term of supervision. A
  349  probationer who has successfully completed sanctions through the
  350  alternative sanctioning program is eligible for mandatory
  351  modification or continuation of his or her probation.
  352         2. Upon modifying probation under subparagraph 1., the
  353  court may include in the sentence a maximum of 90 days in county
  354  jail as a special condition of probation.
  355         3. Notwithstanding s. 921.0024, if a probationer has less
  356  than 90 days of supervision remaining on his or her term of
  357  probation and meets the criteria for mandatory modification or
  358  continuation in subparagraph 1., the court may revoke probation
  359  and sentence the probationer to a maximum of 90 days in county
  360  jail.
  361         4. For purposes of imposing a jail sentence under this
  362  paragraph only, the court may grant credit only for time served
  363  in the county jail since the probationer’s most recent arrest
  364  for the violation. However, the court may not order the
  365  probationer to a total term of incarceration greater than the
  366  maximum provided by s. 775.082.
  367         Section 8. Paragraph (b) of subsection (1) of section
  368  961.03, Florida Statutes, is amended, and paragraph (c) is added
  369  to that subsection, to read:
  370         961.03 Determination of status as a wrongfully incarcerated
  371  person; determination of eligibility for compensation.—
  372         (1)
  373         (b) The person must file the petition with the court:
  374         1. Within 2 years after the order vacating a conviction and
  375  sentence becomes final and the criminal charges against the
  376  person are dismissed or the person is retried and acquitted, if
  377  the person’s conviction and sentence is vacated on or after July
  378  1, 2020.
  379         2. By July 1, 2022, if the person’s conviction and sentence
  380  was vacated and the criminal charges against the person were
  381  dismissed or the person was retried and acquitted on or after
  382  January 1, 2006, but before July 1, 2020, and he or she
  383  previously filed a petition under this section that was
  384  dismissed or did not file a petition under this section because
  385  the:
  386         a. Date when the criminal charges against the person were
  387  dismissed or the date the person was acquitted upon retrial
  388  occurred more than 90 days after the date of the final order
  389  vacating the conviction and sentence; or
  390         b. Person was convicted of an unrelated felony before or
  391  during his or her wrongful conviction and incarceration and was
  392  ineligible for compensation under former s. 961.04.
  393         (c) A deceased person’s heirs, successors, or assigns do
  394  not have standing to file a petition on the deceased person’s
  395  behalf under this section.
  396         1. Within 90 days after the order vacating a conviction and
  397  sentence becomes final if the person’s conviction and sentence
  398  is vacated on or after July 1, 2008.
  399         2. By July 1, 2010, if the person’s conviction and sentence
  400  was vacated by an order that became final prior to July 1, 2008.
  401         Section 9. Section 961.04, Florida Statutes, is amended to
  402  read:
  403         961.04 Eligibility for compensation for wrongful
  404  incarceration.—A wrongfully incarcerated person is not eligible
  405  for compensation under the act for any period of incarceration
  406  during which the person was concurrently serving a sentence for
  407  a conviction of another crime for which such person was lawfully
  408  incarcerated if:
  409         (1) Before the person’s wrongful conviction and
  410  incarceration, the person was convicted of, or pled guilty or
  411  nolo contendere to, regardless of adjudication, any violent
  412  felony, or a crime committed in another jurisdiction the
  413  elements of which would constitute a violent felony in this
  414  state, or a crime committed against the United States which is
  415  designated a violent felony, excluding any delinquency
  416  disposition;
  417         (2) Before the person’s wrongful conviction and
  418  incarceration, the person was convicted of, or pled guilty or
  419  nolo contendere to, regardless of adjudication, more than one
  420  felony that is not a violent felony, or more than one crime
  421  committed in another jurisdiction, the elements of which would
  422  constitute a felony in this state, or more than one crime
  423  committed against the United States which is designated a
  424  felony, excluding any delinquency disposition;
  425         (3) During the person’s wrongful incarceration, the person
  426  was convicted of, or pled guilty or nolo contendere to,
  427  regardless of adjudication, any violent felony;
  428         (4) During the person’s wrongful incarceration, the person
  429  was convicted of, or pled guilty or nolo contendere to,
  430  regardless of adjudication, more than one felony that is not a
  431  violent felony; or
  432         (5) During the person’s wrongful incarceration, the person
  433  was also serving a concurrent sentence for another felony for
  434  which the person was not wrongfully convicted.
  435         Section 10. Section 961.06, Florida Statutes, is amended to
  436  read:
  437         961.06 Compensation for wrongful incarceration.—
  438         (1) Except as otherwise provided in this act and subject to
  439  the limitations and procedures prescribed in this section, a
  440  person who is found to be entitled to compensation under the
  441  provisions of this act is entitled to:
  442         (a) Monetary compensation for wrongful incarceration, which
  443  shall be calculated at a rate of $50,000 for each year of
  444  wrongful incarceration, prorated as necessary to account for a
  445  portion of a year. For persons found to be wrongfully
  446  incarcerated after December 31, 2005 2008, the Chief Financial
  447  Officer may adjust the annual rate of compensation for inflation
  448  using the change in the December-to-December “Consumer Price
  449  Index for All Urban Consumers” of the Bureau of Labor Statistics
  450  of the Department of Labor;
  451         (b) A waiver of tuition and fees for up to 120 hours of
  452  instruction at any career center established under s. 1001.44,
  453  any Florida College System institution as defined in s.
  454  1000.21(3), or any state university as defined in s. 1000.21(6),
  455  if the wrongfully incarcerated person meets and maintains the
  456  regular admission requirements of such career center, Florida
  457  College System institution, or state university; remains
  458  registered at such educational institution; and makes
  459  satisfactory academic progress as defined by the educational
  460  institution in which the claimant is enrolled;
  461         (c) The amount of any fine, penalty, or court costs imposed
  462  and paid by the wrongfully incarcerated person;
  463         (d) The amount of any reasonable attorney attorney’s fees
  464  and expenses incurred and paid by the wrongfully incarcerated
  465  person in connection with all criminal proceedings and appeals
  466  regarding the wrongful conviction, to be calculated by the
  467  department based upon the supporting documentation submitted as
  468  specified in s. 961.05; and
  469         (e) Notwithstanding any provision to the contrary in s.
  470  943.0583 or s. 943.0585, immediate administrative expunction of
  471  the person’s criminal record resulting from his or her wrongful
  472  arrest, wrongful conviction, and wrongful incarceration. The
  473  Department of Legal Affairs and the Department of Law
  474  Enforcement shall, upon a determination that a claimant is
  475  entitled to compensation, immediately take all action necessary
  476  to administratively expunge the claimant’s criminal record
  477  arising from his or her wrongful arrest, wrongful conviction,
  478  and wrongful incarceration. All fees for this process shall be
  479  waived.
  480  
  481  The total compensation awarded under paragraphs (a), (c), and
  482  (d) may not exceed $2 million. No further award for attorney
  483  attorney’s fees, lobbying fees, costs, or other similar expenses
  484  shall be made by the state.
  485         (2) In calculating monetary compensation under paragraph
  486  (1)(a), a wrongfully incarcerated person who is placed on parole
  487  or community supervision while serving the sentence resulting
  488  from the wrongful conviction and who commits no more than one
  489  felony that is not a violent felony which results in revocation
  490  of the parole or community supervision is eligible for
  491  compensation for the total number of years incarcerated. A
  492  wrongfully incarcerated person who commits one violent felony or
  493  more than one felony that is not a violent felony that results
  494  in revocation of the parole or community supervision is
  495  ineligible for any compensation under subsection (1).
  496         (2)(3) Within 15 calendar days after issuing notice to the
  497  claimant that his or her claim satisfies all of the requirements
  498  under this act, the department shall notify the Chief Financial
  499  Officer to draw a warrant from the General Revenue Fund or
  500  another source designated by the Legislature in law for the
  501  purchase of an annuity for the claimant based on the total
  502  amount determined by the department under this act.
  503         (3)(4) The Chief Financial Officer shall issue payment in
  504  the amount determined by the department to an insurance company
  505  or other financial institution admitted and authorized to issue
  506  annuity contracts in this state to purchase an annuity or
  507  annuities, selected by the wrongfully incarcerated person, for a
  508  term of not less than 10 years. The Chief Financial Officer is
  509  directed to execute all necessary agreements to implement this
  510  act and to maximize the benefit to the wrongfully incarcerated
  511  person. The terms of the annuity or annuities shall:
  512         (a) Provide that the annuity or annuities may not be sold,
  513  discounted, or used as security for a loan or mortgage by the
  514  wrongfully incarcerated person.
  515         (b) Contain beneficiary provisions for the continued
  516  disbursement of the annuity or annuities in the event of the
  517  death of the wrongfully incarcerated person.
  518         (4)(5)If, at the time monetary compensation is determined
  519  under paragraph (1)(a), a court has previously entered a
  520  monetary judgment in favor of the claimant in a civil action
  521  related to the claimant’s wrongful incarceration, or the
  522  claimant has entered into a settlement agreement with the state
  523  or any political subdivision thereof related to the claimant’s
  524  wrongful incarceration, the amount of the damages in the civil
  525  action or settlement agreement, less any sums paid for attorney
  526  fees or for costs incurred in litigating the civil action or
  527  obtaining the settlement agreement, shall be deducted from the
  528  total monetary compensation to which the claimant is entitled
  529  under this section Before the department approves the
  530  application for compensation, the wrongfully incarcerated person
  531  must sign a release and waiver on behalf of the wrongfully
  532  incarcerated person and his or her heirs, successors, and
  533  assigns, forever releasing the state or any agency,
  534  instrumentality, or any political subdivision thereof, or any
  535  other entity subject to s. 768.28, from all present or future
  536  claims that the wrongfully incarcerated person or his or her
  537  heirs, successors, or assigns may have against such entities
  538  arising out of the facts in connection with the wrongful
  539  conviction for which compensation is being sought under the act.
  540         (5) If subsection (4) does not apply, and if after the time
  541  monetary compensation is determined under paragraph (1)(a) the
  542  court enters a monetary judgment in favor of the claimant in a
  543  civil action related to the claimant’s wrongful incarceration,
  544  or the claimant enters into a settlement agreement with the
  545  state or any political subdivision thereof related to the
  546  claimant’s wrongful incarceration, the claimant shall reimburse
  547  the state for the monetary compensation in paragraph (1)(a),
  548  less any sums paid for attorney fees or for costs incurred in
  549  litigating the civil action or obtaining the settlement
  550  agreement. A reimbursement required under this subsection shall
  551  not exceed the amount of the monetary award the claimant
  552  received for damages in a civil action or settlement agreement.
  553  In the order of judgment, the court shall award to the state any
  554  amount required to be deducted under this subsection.
  555         (6)(a) The claimant shall notify the department upon filing
  556  a civil action against the state or any political subdivision
  557  thereof in which the claimant is seeking monetary damages
  558  related to the claimant’s wrongful incarceration for which he or
  559  she previously received or is applying to receive compensation
  560  under paragraph (1)(a).
  561         (b) Upon notice of the claimant’s civil action, the
  562  department shall file in the case a notice of payment of
  563  monetary compensation to the claimant under paragraph (1)(a).
  564  The notice shall constitute a lien upon any monetary judgment or
  565  settlement recovered under the civil action that is equal to the
  566  sum of monetary compensation paid to the claimant under
  567  paragraph (1)(a), less any attorney fees and costs incurred in
  568  litigating the civil action or obtaining the settlement
  569  agreement A wrongfully incarcerated person may not submit an
  570  application for compensation under this act if the person has a
  571  lawsuit pending against the state or any agency,
  572  instrumentality, or any political subdivision thereof, or any
  573  other entity subject to the provisions of s. 768.28, in state or
  574  federal court requesting compensation arising out of the facts
  575  in connection with the claimant’s conviction and incarceration.
  576         (7)(a)(b) A wrongfully incarcerated person may not submit
  577  an application for compensation under this act if the person is
  578  the subject of a claim bill pending for claims arising out of
  579  the facts in connection with the claimant’s conviction and
  580  incarceration.
  581         (b)(c) Once an application is filed under this act, a
  582  wrongfully incarcerated person may not pursue recovery under a
  583  claim bill until the final disposition of the application.
  584         (c)(d)Any amount awarded under this act is intended to
  585  provide the sole compensation for any and all present and future
  586  claims arising out of the facts in connection with the
  587  claimant’s conviction and incarceration. Upon notification by
  588  the department that an application meets the requirements of
  589  this act, a wrongfully incarcerated person may not recover under
  590  a claim bill.
  591         (d)(e) Any compensation awarded under a claim bill shall be
  592  the sole redress for claims arising out of the facts in
  593  connection with the claimant’s conviction and incarceration and,
  594  upon any award of compensation to a wrongfully incarcerated
  595  person under a claim bill, the person may not receive
  596  compensation under this act.
  597         (8)(7) Any payment made under this act does not constitute
  598  a waiver of any defense of sovereign immunity or an increase in
  599  the limits of liability on behalf of the state or any person
  600  subject to the provisions of s. 768.28 or other law.
  601         Section 11. Section 961.07, Florida Statutes, is amended to
  602  read:
  603         961.07 Continuing appropriation.—
  604         (1) Beginning in the 2020-2021 2008-2009 fiscal year and
  605  continuing each fiscal year thereafter, a sum sufficient to pay
  606  the approved payments under s. 961.03(1)(b)1. this act is
  607  appropriated from the General Revenue Fund to the Chief
  608  Financial Officer, which sum is further appropriated for
  609  expenditure pursuant to the provisions of this act.
  610         (2) Payments for petitions filed pursuant to s.
  611  961.03(1)(b)2. are subject to specific appropriation.
  612         Section 12. For the purpose of incorporating the amendment
  613  made by this act to section 961.04, Florida Statutes, in a
  614  reference thereto, subsection (4) of section 961.02, Florida
  615  Statutes, is reenacted to read:
  616         961.02 Definitions.—As used in ss. 961.01-961.07, the term:
  617         (4) “Eligible for compensation” means that a person meets
  618  the definition of the term “wrongfully incarcerated person” and
  619  is not disqualified from seeking compensation under the criteria
  620  prescribed in s. 961.04.
  621         Section 13. For the purpose of incorporating the amendment
  622  made by this act to section 961.04, Florida Statutes, in
  623  references thereto, paragraph (a) of subsection (1) and
  624  subsections (2), (3), and (4) of section 961.03, Florida
  625  Statutes, are reenacted to read:
  626         961.03 Determination of status as a wrongfully incarcerated
  627  person; determination of eligibility for compensation.—
  628         (1)(a) In order to meet the definition of a “wrongfully
  629  incarcerated person” and “eligible for compensation,” upon entry
  630  of an order, based upon exonerating evidence, vacating a
  631  conviction and sentence, a person must set forth the claim of
  632  wrongful incarceration under oath and with particularity by
  633  filing a petition with the original sentencing court, with a
  634  copy of the petition and proper notice to the prosecuting
  635  authority in the underlying felony for which the person was
  636  incarcerated. At a minimum, the petition must:
  637         1. State that verifiable and substantial evidence of actual
  638  innocence exists and state with particularity the nature and
  639  significance of the verifiable and substantial evidence of
  640  actual innocence; and
  641         2. State that the person is not disqualified, under the
  642  provisions of s. 961.04, from seeking compensation under this
  643  act.
  644         (2) The prosecuting authority must respond to the petition
  645  within 30 days. The prosecuting authority may respond:
  646         (a) By certifying to the court that, based upon the
  647  petition and verifiable and substantial evidence of actual
  648  innocence, no further criminal proceedings in the case at bar
  649  can or will be initiated by the prosecuting authority, that no
  650  questions of fact remain as to the petitioner’s wrongful
  651  incarceration, and that the petitioner is not ineligible from
  652  seeking compensation under the provisions of s. 961.04; or
  653         (b) By contesting the nature, significance, or effect of
  654  the evidence of actual innocence, the facts related to the
  655  petitioner’s alleged wrongful incarceration, or whether the
  656  petitioner is ineligible from seeking compensation under the
  657  provisions of s. 961.04.
  658         (3) If the prosecuting authority responds as set forth in
  659  paragraph (2)(a), the original sentencing court, based upon the
  660  evidence of actual innocence, the prosecuting authority’s
  661  certification, and upon the court’s finding that the petitioner
  662  has presented clear and convincing evidence that the petitioner
  663  committed neither the act nor the offense that served as the
  664  basis for the conviction and incarceration, and that the
  665  petitioner did not aid, abet, or act as an accomplice to a
  666  person who committed the act or offense, shall certify to the
  667  department that the petitioner is a wrongfully incarcerated
  668  person as defined by this act. Based upon the prosecuting
  669  authority’s certification, the court shall also certify to the
  670  department that the petitioner is eligible for compensation
  671  under the provisions of s. 961.04.
  672         (4)(a) If the prosecuting authority responds as set forth
  673  in paragraph (2)(b), the original sentencing court shall make a
  674  determination from the pleadings and supporting documentation
  675  whether, by a preponderance of the evidence, the petitioner is
  676  ineligible for compensation under the provisions of s. 961.04,
  677  regardless of his or her claim of wrongful incarceration. If the
  678  court finds the petitioner ineligible under the provisions of s.
  679  961.04, it shall dismiss the petition.
  680         (b) If the prosecuting authority responds as set forth in
  681  paragraph (2)(b), and the court determines that the petitioner
  682  is eligible under the provisions of s. 961.04, but the
  683  prosecuting authority contests the nature, significance or
  684  effect of the evidence of actual innocence, or the facts related
  685  to the petitioner’s alleged wrongful incarceration, the court
  686  shall set forth its findings and transfer the petition by
  687  electronic means through the division’s website to the division
  688  for findings of fact and a recommended determination of whether
  689  the petitioner has established that he or she is a wrongfully
  690  incarcerated person who is eligible for compensation under this
  691  act.
  692  
  693  ================= T I T L E  A M E N D M E N T ================
  694  And the title is amended as follows:
  695         Delete lines 78 - 85
  696  and insert:
  697         Remove lines 2-27 and insert:
  698         An act relating to criminal justice; amending s.
  699         20.316, F.S.; revising the name of a program and
  700         creating an additional program within the Department
  701         of Juvenile Justice; conforming a provision to changes
  702         made by the act; amending and reenacting s. 943.0585,
  703         F.S.; expanding an exception to an eligibility
  704         requirement for expunction of a criminal history
  705         record to allow a prior expunction of a criminal
  706         history record granted for an offense committed when
  707         the person was a minor; providing an exception;
  708         amending s. 925.11, F.S.; providing definitions;
  709         authorizing specified persons to petition a court for
  710         postsentencing forensic analysis that may result in
  711         evidence of the identity of a perpetrator or
  712         accomplice to a crime; providing requirements for such
  713         a petition; requiring a court to make specified
  714         findings before entering an order for forensic
  715         analysis; requiring the forensic analysis to be
  716         performed by the Department of Law Enforcement;
  717         providing an exception; requiring the department to
  718         submit a DNA profile meeting submission standards to
  719         certain DNA databases; requiring the results of the
  720         DNA database search to be provided to specified
  721         parties; authorizing a court to order specified
  722         persons to conduct a search for physical evidence
  723         reported to be missing or destroyed in violation of
  724         law; requiring a report of the results of such a
  725         search; amending s. 925.12, F.S.; authorizing
  726         specified persons to petition for forensic analysis
  727         after entering a plea of guilty or nolo contendere;
  728         requiring a court to inquire of a defendant about
  729         specified information relating to physical evidence
  730         before accepting a plea; amending s. 943.325, F.S.;
  731         authorizing certain samples obtained from
  732         postsentencing forensic analysis to be entered into
  733         the statewide DNA database; authorizing DNA analysis
  734         and results to be released to specified entities;
  735         amending s. 943.3251, F.S.; requiring the department
  736         to perform forensic analysis and searches of the
  737         statewide DNA database; providing an exception;
  738         requiring the results of forensic analysis and a DNA
  739         database search to be provided to specified entities;
  740         amending s. 948.06, F.S.; requiring a court to modify
  741         or continue a probationary term upon finding that a
  742         probationer has met all specified conditions, rather
  743         than any of the conditions, after a violation of
  744         probation; amending s. 961.03, F.S.; extending the
  745         filing deadline for a petition claiming wrongful
  746         incarceration; providing limited retroactivity for
  747         filing a petition claiming wrongful incarceration;
  748         providing that a deceased person’s heirs, successors,
  749         or assigns do not have standing to file a claim
  750         related to the wrongful incarceration of the deceased
  751         person; amending s. 961.04, F.S.; revising eligibility
  752         for compensation for wrongful incarceration for a
  753         wrongfully incarcerated person; amending s. 961.06,
  754         F.S.; authorizing the Chief Financial Officer to
  755         adjust compensation for inflation for additional
  756         wrongfully incarcerated persons; revising conditions
  757         for eligibility for compensation for wrongful
  758         incarceration; requiring the state to deduct the
  759         amount of a civil award from the state compensation
  760         amount owed if the claimant first receives a civil
  761         award; deleting a requirement that a wrongfully
  762         incarcerated person sign a liability release before
  763         receiving compensation; requiring a claimant to
  764         reimburse the state for any difference between state
  765         compensation and a civil award if the claimant
  766         receives statutory compensation before a civil award;
  767         deleting provisions prohibiting an application for
  768         compensation if the applicant has a pending civil suit
  769         requesting compensation; requiring a claimant to
  770         notify the Department of Legal Affairs upon filing a
  771         civil action; requiring the department to file a
  772         notice of payment of monetary compensation in the
  773         civil action; amending s. 961.07, F.S.; specifying
  774         that payments for certain petitions filed under the
  775         Victims of Wrongful Incarceration Act are subject to
  776         specific appropriation; reenacting ss. 961.02(4) and
  777         961.03(1)(a), (2), (3), and (4), F.S., all relating to
  778         eligibility for compensation for wrongfully
  779         incarcerated persons, to incorporate the amendment
  780         made to s. 961.04, F.S., in references thereto;
  781         repealing s. 985.686, F.S., relating to shared county
  782         and state responsibility for juvenile detention;
  783         amending s. 985.6865, F.S.; deleting provisions
  784         relating to legislative findings and legislative
  785         intent; deleting a provision requiring each county
  786         that is not a fiscally constrained county to pay its
  787         annual percentage share of the total shared detention
  788         costs; requiring the Department of Juvenile Justice to
  789         calculate and provide to each county that is not a
  790         fiscally constrained county and that does not provide
  791         its own detention care for juveniles its annual
  792         percentage share; requiring each county that is not a
  793         fiscally constrained county and that does not provide
  794         its own detention care for juveniles to incorporate
  795         into its annual budget sufficient funds to pay its
  796         annual percentage share; conforming a provision to
  797         changes made by the act; conforming a cross-reference;
  798         amending s. 943.0582, F.S.; deleting a requirement
  799         that limits diversion program expunction to programs
  800         for misdemeanor offenses; amending s. 985.126, F.S.;
  801         conforming a provision to changes made by the act;
  802         providing an effective date.