Florida Senate - 2022                                     SB 526
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00124A-22                                            2022526__
    1                        A bill to be entitled                      
    2         An act relating to compensation for eligible victims
    3         of wrongful incarceration; amending s. 961.03, F.S.;
    4         extending the filing deadline for a petition claiming
    5         wrongful incarceration; providing limited
    6         retroactivity for filing a petition claiming wrongful
    7         incarceration; providing that a deceased person’s
    8         heirs, successors, or assigns do not have standing to
    9         file a petition related to the wrongful incarceration
   10         of the deceased person; amending s. 961.04, F.S.;
   11         revising eligibility for compensation for wrongful
   12         incarceration for a wrongfully incarcerated person;
   13         amending s. 961.06, F.S.; authorizing the Chief
   14         Financial Officer to adjust compensation for inflation
   15         for persons found to be wrongfully incarcerated after
   16         a specified date; revising conditions for eligibility
   17         for compensation for wrongful incarceration; amending
   18         s. 961.07, F.S.; specifying that payments for certain
   19         petitions filed under the Victims of Wrongful
   20         Incarceration Compensation Act are subject to specific
   21         appropriation; reenacting ss. 961.02(4) and
   22         961.03(1)(a), (2), (3), and (4), F.S., relating to
   23         eligibility for compensation for wrongfully
   24         incarcerated persons, to incorporate the amendment
   25         made to s. 961.04, F.S., in references thereto;
   26         reenacting ss. 961.02(5) and 961.05(6), F.S., relating
   27         to receiving compensation, to incorporate the
   28         amendment made to s. 961.06, F.S., in references
   29         thereto; providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Paragraph (b) of subsection (1) of section
   34  961.03, Florida Statutes, is amended, and paragraph (c) is added
   35  to that subsection, to read:
   36         961.03 Determination of status as a wrongfully incarcerated
   37  person; determination of eligibility for compensation.—
   38         (1)
   39         (b) The person must file the petition with the court:
   40         1. Within 2 years after the order vacating a conviction and
   41  sentence becomes final and the criminal charges against the
   42  person are dismissed or the person is retried and acquitted, if
   43  the person’s conviction and sentence is vacated on or after July
   44  1, 2022.
   45         2. By July 1, 2024, if the person’s conviction and sentence
   46  was vacated and the criminal charges against the person were
   47  dismissed or the person was retried and acquitted on or after
   48  January 1, 2006, but before July 1, 2022, and he or she
   49  previously filed a petition under this section which was
   50  dismissed or did not file a petition under this section because:
   51         a. The date when the criminal charges against the person
   52  were dismissed or the date the person was acquitted upon retrial
   53  occurred more than 90 days after the date of the final order
   54  vacating the conviction and sentence; or
   55         b. The person was convicted of an unrelated felony before
   56  or during his or her wrongful conviction and incarceration and
   57  was ineligible for compensation under former s. 961.04.
   58         (c) A deceased person’s heirs, successors, or assigns do
   59  not have standing to file a petition on the deceased person’s
   60  behalf under this section
   61         1. Within 90 days after the order vacating a conviction and
   62  sentence becomes final if the person’s conviction and sentence
   63  is vacated on or after July 1, 2008.
   64         2. By July 1, 2010, if the person’s conviction and sentence
   65  was vacated by an order that became final prior to July 1, 2008.
   66         Section 2. Section 961.04, Florida Statutes, is amended to
   67  read:
   68         961.04 Eligibility for compensation for wrongful
   69  incarceration.—A wrongfully incarcerated person is not eligible
   70  for compensation under the act for any period of incarceration
   71  during which the person was concurrently serving a sentence for
   72  a conviction of another crime for which such person was lawfully
   73  incarcerated if:
   74         (1) Before the person’s wrongful conviction and
   75  incarceration, the person was convicted of, or pled guilty or
   76  nolo contendere to, regardless of adjudication, any violent
   77  felony, or a crime committed in another jurisdiction the
   78  elements of which would constitute a violent felony in this
   79  state, or a crime committed against the United States which is
   80  designated a violent felony, excluding any delinquency
   81  disposition;
   82         (2) Before the person’s wrongful conviction and
   83  incarceration, the person was convicted of, or pled guilty or
   84  nolo contendere to, regardless of adjudication, more than one
   85  felony that is not a violent felony, or more than one crime
   86  committed in another jurisdiction, the elements of which would
   87  constitute a felony in this state, or more than one crime
   88  committed against the United States which is designated a
   89  felony, excluding any delinquency disposition;
   90         (3) During the person’s wrongful incarceration, the person
   91  was convicted of, or pled guilty or nolo contendere to,
   92  regardless of adjudication, any violent felony;
   93         (4) During the person’s wrongful incarceration, the person
   94  was convicted of, or pled guilty or nolo contendere to,
   95  regardless of adjudication, more than one felony that is not a
   96  violent felony; or
   97         (5) During the person’s wrongful incarceration, the person
   98  was also serving a concurrent sentence for another felony for
   99  which the person was not wrongfully convicted.
  100         Section 3. Subsections (1) and (2) of section 961.06,
  101  Florida Statutes, are amended to read:
  102         961.06 Compensation for wrongful incarceration.—
  103         (1) Except as otherwise provided in this act and subject to
  104  the limitations and procedures prescribed in this section, a
  105  person who is found to be entitled to compensation under the
  106  provisions of this act is entitled to:
  107         (a) Monetary compensation for wrongful incarceration, which
  108  shall be calculated at a rate of $50,000 for each year of
  109  wrongful incarceration, prorated as necessary to account for a
  110  portion of a year. For persons found to be wrongfully
  111  incarcerated after December 31, 2005 2008, the Chief Financial
  112  Officer may adjust the annual rate of compensation for inflation
  113  using the change in the December-to-December “Consumer Price
  114  Index for All Urban Consumers” of the Bureau of Labor Statistics
  115  of the Department of Labor;
  116         (b) A waiver of tuition and fees for up to 120 hours of
  117  instruction at any career center established under s. 1001.44,
  118  any Florida College System institution as defined in s.
  119  1000.21(3), or any state university as defined in s. 1000.21(6),
  120  if the wrongfully incarcerated person meets and maintains the
  121  regular admission requirements of such career center, Florida
  122  College System institution, or state university; remains
  123  registered at such educational institution; and makes
  124  satisfactory academic progress as defined by the educational
  125  institution in which the claimant is enrolled;
  126         (c) The amount of any fine, penalty, or court costs imposed
  127  and paid by the wrongfully incarcerated person;
  128         (d) The amount of any reasonable attorney attorney’s fees
  129  and expenses incurred and paid by the wrongfully incarcerated
  130  person in connection with all criminal proceedings and appeals
  131  regarding the wrongful conviction, to be calculated by the
  132  department based upon the supporting documentation submitted as
  133  specified in s. 961.05; and
  134         (e) Notwithstanding any provision to the contrary in s.
  135  943.0583 or s. 943.0585, immediate administrative expunction of
  136  the person’s criminal record resulting from his or her wrongful
  137  arrest, wrongful conviction, and wrongful incarceration. The
  138  Department of Legal Affairs and the Department of Law
  139  Enforcement shall, upon a determination that a claimant is
  140  entitled to compensation, immediately take all action necessary
  141  to administratively expunge the claimant’s criminal record
  142  arising from his or her wrongful arrest, wrongful conviction,
  143  and wrongful incarceration. All fees for this process shall be
  144  waived.
  145  
  146  The total compensation awarded under paragraphs (a), (c), and
  147  (d) may not exceed $2 million. No further award for attorney
  148  attorney’s fees, lobbying fees, costs, or other similar expenses
  149  shall be made by the state.
  150         (2) In calculating monetary compensation under paragraph
  151  (1)(a), a wrongfully incarcerated person who is placed on parole
  152  or community supervision while serving the sentence resulting
  153  from the wrongful conviction and who commits no more than one
  154  felony that is not a violent felony which results in revocation
  155  of the parole or community supervision is eligible for
  156  compensation for the total number of years incarcerated. A
  157  wrongfully incarcerated person who commits one violent felony or
  158  more than one felony that is not a violent felony that results
  159  in revocation of the parole or community supervision is
  160  ineligible for any compensation under subsection (1).
  161         Section 4. Section 961.07, Florida Statutes, is amended to
  162  read:
  163         961.07 Continuing appropriation.—
  164         (1) Beginning in the 2022-2023 2008-2009 fiscal year and
  165  continuing each fiscal year thereafter, a sum sufficient to pay
  166  the approved payments under s. 961.03(1)(b)1. this act is
  167  appropriated from the General Revenue Fund to the Chief
  168  Financial Officer, which sum is further appropriated for
  169  expenditure pursuant to the provisions of this act.
  170         (2) Payments for petitions filed pursuant to s.
  171  961.03(1)(b)2. are subject to specific appropriation.
  172         Section 5. For the purpose of incorporating the amendment
  173  made by this act to section 961.04, Florida Statutes, in a
  174  reference thereto, subsection (4) of section 961.02, Florida
  175  Statutes, is reenacted to read:
  176         961.02 Definitions.—As used in ss. 961.01-961.07, the term:
  177         (4) “Eligible for compensation” means that a person meets
  178  the definition of the term “wrongfully incarcerated person” and
  179  is not disqualified from seeking compensation under the criteria
  180  prescribed in s. 961.04.
  181         Section 6. For the purpose of incorporating the amendment
  182  made by this act to section 961.04, Florida Statutes, in
  183  references thereto, paragraph (a) of subsection (1) and
  184  subsections (2), (3), and (4) of section 961.03, Florida
  185  Statutes, are reenacted to read:
  186         961.03 Determination of status as a wrongfully incarcerated
  187  person; determination of eligibility for compensation.—
  188         (1)(a) In order to meet the definition of a “wrongfully
  189  incarcerated person” and “eligible for compensation,” upon entry
  190  of an order, based upon exonerating evidence, vacating a
  191  conviction and sentence, a person must set forth the claim of
  192  wrongful incarceration under oath and with particularity by
  193  filing a petition with the original sentencing court, with a
  194  copy of the petition and proper notice to the prosecuting
  195  authority in the underlying felony for which the person was
  196  incarcerated. At a minimum, the petition must:
  197         1. State that verifiable and substantial evidence of actual
  198  innocence exists and state with particularity the nature and
  199  significance of the verifiable and substantial evidence of
  200  actual innocence; and
  201         2. State that the person is not disqualified, under the
  202  provisions of s. 961.04, from seeking compensation under this
  203  act.
  204         (2) The prosecuting authority must respond to the petition
  205  within 30 days. The prosecuting authority may respond:
  206         (a) By certifying to the court that, based upon the
  207  petition and verifiable and substantial evidence of actual
  208  innocence, no further criminal proceedings in the case at bar
  209  can or will be initiated by the prosecuting authority, that no
  210  questions of fact remain as to the petitioner’s wrongful
  211  incarceration, and that the petitioner is not ineligible from
  212  seeking compensation under the provisions of s. 961.04; or
  213         (b) By contesting the nature, significance, or effect of
  214  the evidence of actual innocence, the facts related to the
  215  petitioner’s alleged wrongful incarceration, or whether the
  216  petitioner is ineligible from seeking compensation under the
  217  provisions of s. 961.04.
  218         (3) If the prosecuting authority responds as set forth in
  219  paragraph (2)(a), the original sentencing court, based upon the
  220  evidence of actual innocence, the prosecuting authority’s
  221  certification, and upon the court’s finding that the petitioner
  222  has presented clear and convincing evidence that the petitioner
  223  committed neither the act nor the offense that served as the
  224  basis for the conviction and incarceration, and that the
  225  petitioner did not aid, abet, or act as an accomplice to a
  226  person who committed the act or offense, shall certify to the
  227  department that the petitioner is a wrongfully incarcerated
  228  person as defined by this act. Based upon the prosecuting
  229  authority’s certification, the court shall also certify to the
  230  department that the petitioner is eligible for compensation
  231  under the provisions of s. 961.04.
  232         (4)(a) If the prosecuting authority responds as set forth
  233  in paragraph (2)(b), the original sentencing court shall make a
  234  determination from the pleadings and supporting documentation
  235  whether, by a preponderance of the evidence, the petitioner is
  236  ineligible for compensation under the provisions of s. 961.04,
  237  regardless of his or her claim of wrongful incarceration. If the
  238  court finds the petitioner ineligible under the provisions of s.
  239  961.04, it shall dismiss the petition.
  240         (b) If the prosecuting authority responds as set forth in
  241  paragraph (2)(b), and the court determines that the petitioner
  242  is eligible under the provisions of s. 961.04, but the
  243  prosecuting authority contests the nature, significance or
  244  effect of the evidence of actual innocence, or the facts related
  245  to the petitioner’s alleged wrongful incarceration, the court
  246  shall set forth its findings and transfer the petition by
  247  electronic means through the division’s website to the division
  248  for findings of fact and a recommended determination of whether
  249  the petitioner has established that he or she is a wrongfully
  250  incarcerated person who is eligible for compensation under this
  251  act.
  252         Section 7. For the purpose of incorporating the amendment
  253  made by this act to section 961.06, Florida Statutes, in a
  254  reference thereto, subsection (5) of section 961.02, Florida
  255  Statutes, is reenacted to read:
  256         961.02 Definitions.—As used in ss. 961.01-961.07, the term:
  257         (5) “Entitled to compensation” means that a person meets
  258  the definition of the term “eligible for compensation” and
  259  satisfies the application requirements prescribed in s. 961.05,
  260  and may receive compensation pursuant to s. 961.06.
  261         Section 8. For the purpose of incorporating the amendment
  262  made by this act to section 961.06, Florida Statutes, in a
  263  reference thereto, subsection (6) of section 961.05, Florida
  264  Statutes, is reenacted to read:
  265         961.05 Application for compensation for wrongful
  266  incarceration; administrative expunction; determination of
  267  entitlement to compensation.—
  268         (6) If the department determines that a claimant meets the
  269  requirements of this act, the wrongfully incarcerated person who
  270  is the subject of the claim becomes entitled to compensation,
  271  subject to the provisions in s. 961.06.
  272         Section 9. This act shall take effect July 1, 2022.