Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. HB 7091
       
       
       
       
       
       
                                Ì238312yÎ238312                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1a/RE/3R         .                                
             03/12/2020 05:19 PM       .                                
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       Senator Bradley moved the following:
       
    1         Senate Amendment to Amendment (254366) (with title
    2  amendment)
    3  
    4         Delete lines 39 - 366
    5  and insert:
    6         Section 2. Paragraph (b) of subsection (1) of section
    7  961.03, Florida Statutes, is amended, and paragraph (c) is added
    8  to that subsection, to read:
    9         961.03 Determination of status as a wrongfully incarcerated
   10  person; determination of eligibility for compensation.—
   11         (1)
   12         (b) The person must file the petition with the court:
   13         1.Within 2 years after the order vacating a conviction and
   14  sentence becomes final and the criminal charges against the
   15  person are dismissed or the person is retried and acquitted, if
   16  the person’s conviction and sentence is vacated on or after July
   17  1, 2020.
   18         2.By July 1, 2022, if the person’s conviction and sentence
   19  was vacated and the criminal charges against the person were
   20  dismissed or the person was retried and acquitted on or after
   21  January 1, 2006, but before July 1, 2020, and he or she
   22  previously filed a petition under this section that was
   23  dismissed or did not file a petition under this section because
   24  the:
   25         a.Date when the criminal charges against the person were
   26  dismissed or the date the person was acquitted upon retrial
   27  occurred more than 90 days after the date of the final order
   28  vacating the conviction and sentence; or
   29         b.Person was convicted of an unrelated felony before or
   30  during his or her wrongful conviction and incarceration and was
   31  ineligible for compensation under former s. 961.04.
   32         (c)A deceased person’s heirs, successors, or assigns do
   33  not have standing to file a petition on the deceased person’s
   34  behalf under this section.
   35         1.Within 90 days after the order vacating a conviction and
   36  sentence becomes final if the person’s conviction and sentence
   37  is vacated on or after July 1, 2008.
   38         2.By July 1, 2010, if the person’s conviction and sentence
   39  was vacated by an order that became final prior to July 1, 2008.
   40         Section 3. Section 961.04, Florida Statutes, is amended to
   41  read:
   42         961.04 Eligibility for compensation for wrongful
   43  incarceration.—A wrongfully incarcerated person is not eligible
   44  for compensation under the act for any period of incarceration
   45  during which the person was concurrently serving a sentence for
   46  a conviction of another crime for which such person was lawfully
   47  incarcerated if:
   48         (1)Before the person’s wrongful conviction and
   49  incarceration, the person was convicted of, or pled guilty or
   50  nolo contendere to, regardless of adjudication, any violent
   51  felony, or a crime committed in another jurisdiction the
   52  elements of which would constitute a violent felony in this
   53  state, or a crime committed against the United States which is
   54  designated a violent felony, excluding any delinquency
   55  disposition;
   56         (2)Before the person’s wrongful conviction and
   57  incarceration, the person was convicted of, or pled guilty or
   58  nolo contendere to, regardless of adjudication, more than one
   59  felony that is not a violent felony, or more than one crime
   60  committed in another jurisdiction, the elements of which would
   61  constitute a felony in this state, or more than one crime
   62  committed against the United States which is designated a
   63  felony, excluding any delinquency disposition;
   64         (3)During the person’s wrongful incarceration, the person
   65  was convicted of, or pled guilty or nolo contendere to,
   66  regardless of adjudication, any violent felony;
   67         (4)During the person’s wrongful incarceration, the person
   68  was convicted of, or pled guilty or nolo contendere to,
   69  regardless of adjudication, more than one felony that is not a
   70  violent felony; or
   71         (5)During the person’s wrongful incarceration, the person
   72  was also serving a concurrent sentence for another felony for
   73  which the person was not wrongfully convicted.
   74         Section 4. Section 961.06, Florida Statutes, is amended to
   75  read:
   76         961.06 Compensation for wrongful incarceration.—
   77         (1) Except as otherwise provided in this act and subject to
   78  the limitations and procedures prescribed in this section, a
   79  person who is found to be entitled to compensation under the
   80  provisions of this act is entitled to:
   81         (a) Monetary compensation for wrongful incarceration, which
   82  shall be calculated at a rate of $50,000 for each year of
   83  wrongful incarceration, prorated as necessary to account for a
   84  portion of a year. For persons found to be wrongfully
   85  incarcerated after December 31, 2005 2008, the Chief Financial
   86  Officer may adjust the annual rate of compensation for inflation
   87  using the change in the December-to-December “Consumer Price
   88  Index for All Urban Consumers” of the Bureau of Labor Statistics
   89  of the Department of Labor;
   90         (b) A waiver of tuition and fees for up to 120 hours of
   91  instruction at any career center established under s. 1001.44,
   92  any Florida College System institution as defined in s.
   93  1000.21(3), or any state university as defined in s. 1000.21(6),
   94  if the wrongfully incarcerated person meets and maintains the
   95  regular admission requirements of such career center, Florida
   96  College System institution, or state university; remains
   97  registered at such educational institution; and makes
   98  satisfactory academic progress as defined by the educational
   99  institution in which the claimant is enrolled;
  100         (c) The amount of any fine, penalty, or court costs imposed
  101  and paid by the wrongfully incarcerated person;
  102         (d) The amount of any reasonable attorney attorney’s fees
  103  and expenses incurred and paid by the wrongfully incarcerated
  104  person in connection with all criminal proceedings and appeals
  105  regarding the wrongful conviction, to be calculated by the
  106  department based upon the supporting documentation submitted as
  107  specified in s. 961.05; and
  108         (e) Notwithstanding any provision to the contrary in s.
  109  943.0583 or s. 943.0585, immediate administrative expunction of
  110  the person’s criminal record resulting from his or her wrongful
  111  arrest, wrongful conviction, and wrongful incarceration. The
  112  Department of Legal Affairs and the Department of Law
  113  Enforcement shall, upon a determination that a claimant is
  114  entitled to compensation, immediately take all action necessary
  115  to administratively expunge the claimant’s criminal record
  116  arising from his or her wrongful arrest, wrongful conviction,
  117  and wrongful incarceration. All fees for this process shall be
  118  waived.
  119  
  120  The total compensation awarded under paragraphs (a), (c), and
  121  (d) may not exceed $2 million. No further award for attorney
  122  attorney’s fees, lobbying fees, costs, or other similar expenses
  123  shall be made by the state.
  124         (2)In calculating monetary compensation under paragraph
  125  (1)(a), a wrongfully incarcerated person who is placed on parole
  126  or community supervision while serving the sentence resulting
  127  from the wrongful conviction and who commits no more than one
  128  felony that is not a violent felony which results in revocation
  129  of the parole or community supervision is eligible for
  130  compensation for the total number of years incarcerated. A
  131  wrongfully incarcerated person who commits one violent felony or
  132  more than one felony that is not a violent felony that results
  133  in revocation of the parole or community supervision is
  134  ineligible for any compensation under subsection (1).
  135         (2)(3) Within 15 calendar days after issuing notice to the
  136  claimant that his or her claim satisfies all of the requirements
  137  under this act, the department shall notify the Chief Financial
  138  Officer to draw a warrant from the General Revenue Fund or
  139  another source designated by the Legislature in law for the
  140  purchase of an annuity for the claimant based on the total
  141  amount determined by the department under this act.
  142         (3)(4) The Chief Financial Officer shall issue payment in
  143  the amount determined by the department to an insurance company
  144  or other financial institution admitted and authorized to issue
  145  annuity contracts in this state to purchase an annuity or
  146  annuities, selected by the wrongfully incarcerated person, for a
  147  term of not less than 10 years. The Chief Financial Officer is
  148  directed to execute all necessary agreements to implement this
  149  act and to maximize the benefit to the wrongfully incarcerated
  150  person. The terms of the annuity or annuities shall:
  151         (a) Provide that the annuity or annuities may not be sold,
  152  discounted, or used as security for a loan or mortgage by the
  153  wrongfully incarcerated person.
  154         (b) Contain beneficiary provisions for the continued
  155  disbursement of the annuity or annuities in the event of the
  156  death of the wrongfully incarcerated person.
  157         (4)(5)If, at the time monetary compensation is determined
  158  under paragraph (1)(a), a court has previously entered a
  159  monetary judgment in favor of the claimant in a civil action
  160  related to the claimant’s wrongful incarceration, or the
  161  claimant has entered into a settlement agreement with the state
  162  or any political subdivision thereof related to the claimant’s
  163  wrongful incarceration, the amount of the damages in the civil
  164  action or settlement agreement, less any sums paid for attorney
  165  fees or for costs incurred in litigating the civil action or
  166  obtaining the settlement agreement, shall be deducted from the
  167  total monetary compensation to which the claimant is entitled
  168  under this section Before the department approves the
  169  application for compensation, the wrongfully incarcerated person
  170  must sign a release and waiver on behalf of the wrongfully
  171  incarcerated person and his or her heirs, successors, and
  172  assigns, forever releasing the state or any agency,
  173  instrumentality, or any political subdivision thereof, or any
  174  other entity subject to s. 768.28, from all present or future
  175  claims that the wrongfully incarcerated person or his or her
  176  heirs, successors, or assigns may have against such entities
  177  arising out of the facts in connection with the wrongful
  178  conviction for which compensation is being sought under the act.
  179         (5)If subsection (4) does not apply, and if after the time
  180  monetary compensation is determined under paragraph (1)(a) the
  181  court enters a monetary judgment in favor of the claimant in a
  182  civil action related to the claimant’s wrongful incarceration,
  183  or the claimant enters into a settlement agreement with the
  184  state or any political subdivision thereof related to the
  185  claimant’s wrongful incarceration, the claimant shall reimburse
  186  the state for the monetary compensation in paragraph (1)(a),
  187  less any sums paid for attorney fees or for costs incurred in
  188  litigating the civil action or obtaining the settlement
  189  agreement. A reimbursement required under this subsection shall
  190  not exceed the amount of the monetary award the claimant
  191  received for damages in a civil action or settlement agreement.
  192  In the order of judgment, the court shall award to the state any
  193  amount required to be deducted under this subsection.
  194         (6)(a) The claimant shall notify the department upon filing
  195  a civil action against the state or any political subdivision
  196  thereof in which the claimant is seeking monetary damages
  197  related to the claimant’s wrongful incarceration for which he or
  198  she previously received or is applying to receive compensation
  199  under paragraph (1)(a).
  200         (b)Upon notice of the claimant’s civil action, the
  201  department shall file in the case a notice of payment of
  202  monetary compensation to the claimant under paragraph (1)(a).
  203  The notice shall constitute a lien upon any monetary judgment or
  204  settlement recovered under the civil action that is equal to the
  205  sum of monetary compensation paid to the claimant under
  206  paragraph (1)(a), less any attorney fees and costs incurred in
  207  litigating the civil action or obtaining the settlement
  208  agreement A wrongfully incarcerated person may not submit an
  209  application for compensation under this act if the person has a
  210  lawsuit pending against the state or any agency,
  211  instrumentality, or any political subdivision thereof, or any
  212  other entity subject to the provisions of s. 768.28, in state or
  213  federal court requesting compensation arising out of the facts
  214  in connection with the claimant’s conviction and incarceration.
  215         (7)(a)(b) A wrongfully incarcerated person may not submit
  216  an application for compensation under this act if the person is
  217  the subject of a claim bill pending for claims arising out of
  218  the facts in connection with the claimant’s conviction and
  219  incarceration.
  220         (b)(c) Once an application is filed under this act, a
  221  wrongfully incarcerated person may not pursue recovery under a
  222  claim bill until the final disposition of the application.
  223         (c)(d)Any amount awarded under this act is intended to
  224  provide the sole compensation for any and all present and future
  225  claims arising out of the facts in connection with the
  226  claimant’s conviction and incarceration. Upon notification by
  227  the department that an application meets the requirements of
  228  this act, a wrongfully incarcerated person may not recover under
  229  a claim bill.
  230         (d)(e) Any compensation awarded under a claim bill shall be
  231  the sole redress for claims arising out of the facts in
  232  connection with the claimant’s conviction and incarceration and,
  233  upon any award of compensation to a wrongfully incarcerated
  234  person under a claim bill, the person may not receive
  235  compensation under this act.
  236         (8)(7) Any payment made under this act does not constitute
  237  a waiver of any defense of sovereign immunity or an increase in
  238  the limits of liability on behalf of the state or any person
  239  subject to the provisions of s. 768.28 or other law.
  240         Section 5. Section 961.07, Florida Statutes, is amended to
  241  read:
  242         961.07 Continuing appropriation.—
  243         (1) Beginning in the 2020-2021 2008-2009 fiscal year and
  244  continuing each fiscal year thereafter, a sum sufficient to pay
  245  the approved payments under s. 961.03(1)(b)1. this act is
  246  appropriated from the General Revenue Fund to the Chief
  247  Financial Officer, which sum is further appropriated for
  248  expenditure pursuant to the provisions of this act.
  249         (2)Payments for petitions filed pursuant to s.
  250  961.03(1)(b)2. are subject to specific appropriation.
  251  
  252  ================= T I T L E  A M E N D M E N T ================
  253  And the title is amended as follows:
  254         Delete lines 457 - 488
  255  and insert:
  256         exceptions; amending s. 961.03, F.S.; extending the
  257         filing deadline for a petition claiming wrongful
  258         incarceration; providing limited retroactivity for
  259         filing a petition claiming wrongful incarceration;
  260         providing that a deceased person’s heirs, successors,
  261         or assigns do not have standing to file a claim
  262         related to the wrongful incarceration of the deceased
  263         person; amending s. 961.04, F.S.; revising eligibility
  264         for compensation for wrongful incarceration for a
  265         wrongfully incarcerated person; amending s. 961.06,
  266         F.S.; authorizing the Chief Financial Officer to
  267         adjust compensation for inflation for additional
  268         wrongfully incarcerated persons; revising conditions
  269         for eligibility for compensation for wrongful
  270         incarceration; requiring the state to deduct the
  271         amount of a civil award from the state compensation
  272         amount owed if the claimant first receives a civil
  273         award; deleting a requirement that a wrongfully
  274         incarcerated person sign a liability release before
  275         receiving compensation; requiring a claimant to
  276         reimburse the state for any difference between state
  277         compensation and a civil award if the claimant
  278         receives statutory compensation before a civil award;
  279         deleting provisions prohibiting an application for
  280         compensation if the applicant has a pending civil suit
  281         requesting compensation; requiring a claimant to
  282         notify the Department of Legal Affairs upon filing a
  283         civil action; requiring the department to file a
  284         notice of payment of monetary compensation in the
  285         civil action; amending s. 961.07, F.S.; specifying
  286         that payments for certain petitions filed under the
  287         Victims of Wrongful Incarceration Act are subject to
  288         specific appropriation; reenacting ss. 961.02(4) and
  289         961.03(1)(a),