Florida Senate - 2024                                     SB 284
       
       
        
       By Senator Bradley
       
       
       
       
       
       6-00187-24                                             2024284__
    1                        A bill to be entitled                      
    2         An act relating to compensation for wrongfully
    3         incarcerated persons; amending s. 961.02, F.S.;
    4         deleting an obsolete definition; amending s. 961.03,
    5         F.S.; revising requirements for when a petition
    6         seeking compensation must be filed; providing that a
    7         deceased person’s heirs, successors, or assigns do not
    8         have standing to file such a petition; amending s.
    9         961.04, F.S.; revising compensation eligibility
   10         requirements; amending s. 961.06, F.S.; revising
   11         requirements for awarding compensation; amending s.
   12         961.07, F.S.; revising requirements for continuing
   13         appropriations; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (6) of section 961.02, Florida
   18  Statutes, is amended to read:
   19         961.02 Definitions.—As used in ss. 961.01-961.07, the term:
   20         (6)“Violent felony” means a felony listed in s.
   21  775.084(1)(c)1. or s. 948.06(8)(c).
   22         Section 2. Paragraph (b) of subsection (1) of section
   23  961.03, Florida Statutes, is amended, and paragraph (c) is added
   24  to that subsection, to read:
   25         961.03 Determination of status as a wrongfully incarcerated
   26  person; determination of eligibility for compensation.—
   27         (1)
   28         (b) The person must file the petition with the court:
   29         1. Within 2 years 90 days after the order vacating a
   30  conviction and sentence becomes final and the criminal charges
   31  against the person are dismissed or the person is retried and
   32  acquitted if the person’s conviction and sentence is vacated on
   33  or after July 1, 2024 2008.
   34         2. By July 1, 2026 2010, if the person’s conviction and
   35  sentence was vacated and the criminal charges against the person
   36  were dismissed or the person was retried and acquitted on or
   37  after January 1, 2006, but before July 1, 2024, and he or she
   38  previously filed a petition under this section that was
   39  dismissed or he or she did not file a petition under this
   40  section because:
   41         a.The date on which the criminal charges against the
   42  person were dismissed or the date on which the person was
   43  acquitted upon retrial occurred more than 90 days after the date
   44  of the final order vacating the conviction and sentence; or
   45         b.The person was convicted of an unrelated felony before
   46  or during his or her wrongful conviction and incarceration and
   47  was ineligible for compensation under s. 961.04 as it existed
   48  before July 1, 2024.
   49         (c)A deceased person’s heirs, successors, or assigns do
   50  not have standing to file a petition on the deceased person’s
   51  behalf under this section by an order that became final prior to
   52  July 1, 2008.
   53         Section 3. Section 961.04, Florida Statutes, is amended to
   54  read:
   55         961.04 Eligibility for compensation for wrongful
   56  incarceration.—A wrongfully incarcerated person is not eligible
   57  for compensation under the act for any period of incarceration
   58  during which the person was concurrently serving a sentence for
   59  a conviction of another felony for which such person was
   60  lawfully incarcerated if:
   61         (1)Before the person’s wrongful conviction and
   62  incarceration, the person was convicted of, or pled guilty or
   63  nolo contendere to, regardless of adjudication, any violent
   64  felony, or a crime committed in another jurisdiction the
   65  elements of which would constitute a violent felony in this
   66  state, or a crime committed against the United States which is
   67  designated a violent felony, excluding any delinquency
   68  disposition;
   69         (2)Before the person’s wrongful conviction and
   70  incarceration, the person was convicted of, or pled guilty or
   71  nolo contendere to, regardless of adjudication, more than one
   72  felony that is not a violent felony, or more than one crime
   73  committed in another jurisdiction, the elements of which would
   74  constitute a felony in this state, or more than one crime
   75  committed against the United States which is designated a
   76  felony, excluding any delinquency disposition;
   77         (3)During the person’s wrongful incarceration, the person
   78  was convicted of, or pled guilty or nolo contendere to,
   79  regardless of adjudication, any violent felony;
   80         (4)During the person’s wrongful incarceration, the person
   81  was convicted of, or pled guilty or nolo contendere to,
   82  regardless of adjudication, more than one felony that is not a
   83  violent felony; or
   84         (5)During the person’s wrongful incarceration, the person
   85  was also serving a concurrent sentence for another felony for
   86  which the person was not wrongfully convicted.
   87         Section 4. Section 961.06, Florida Statutes, is amended to
   88  read:
   89         961.06 Compensation for wrongful incarceration.—
   90         (1) Except as otherwise provided in this act and subject to
   91  the limitations and procedures prescribed in this section, a
   92  person who is found to be entitled to compensation under the
   93  provisions of this act is entitled to all of the following:
   94         (a) Monetary compensation for wrongful incarceration, which
   95  shall be calculated at a rate of $50,000 for each year of
   96  wrongful incarceration, prorated as necessary to account for a
   97  portion of a year. For persons found to be wrongfully
   98  incarcerated after December 31, 2005 2008, the Chief Financial
   99  Officer may adjust the annual rate of compensation for inflation
  100  using the change in the December-to-December “Consumer Price
  101  Index for All Urban Consumers” of the Bureau of Labor Statistics
  102  of the Department of Labor.;
  103         (b) A waiver of tuition and fees for up to 120 hours of
  104  instruction at any career center established under s. 1001.44,
  105  any Florida College System institution as defined in s.
  106  1000.21(5), or any state university as defined in s. 1000.21(8),
  107  if the wrongfully incarcerated person meets and maintains the
  108  regular admission requirements of such career center, Florida
  109  College System institution, or state university; remains
  110  registered at such educational institution; and makes
  111  satisfactory academic progress as defined by the educational
  112  institution in which the claimant is enrolled.;
  113         (c) The amount of any fine, penalty, or court costs imposed
  114  and paid by the wrongfully incarcerated person.;
  115         (d) The amount of any reasonable attorney attorney’s fees
  116  and expenses incurred and paid by the wrongfully incarcerated
  117  person in connection with all criminal proceedings and appeals
  118  regarding the wrongful conviction, to be calculated by the
  119  department based upon the supporting documentation submitted as
  120  specified in s. 961.05.; and
  121         (e) Notwithstanding any provision to the contrary in s.
  122  943.0583 or s. 943.0585, immediate administrative expunction of
  123  the person’s criminal record resulting from his or her wrongful
  124  arrest, wrongful conviction, and wrongful incarceration. The
  125  Department of Legal Affairs and the Department of Law
  126  Enforcement shall, upon a determination that a claimant is
  127  entitled to compensation, immediately take all action necessary
  128  to administratively expunge the claimant’s criminal record
  129  arising from his or her wrongful arrest, wrongful conviction,
  130  and wrongful incarceration. All fees for this process shall be
  131  waived.
  132  
  133  The total compensation awarded under paragraphs (a), (c), and
  134  (d) may not exceed $2 million. No further award for attorney
  135  attorney’s fees, lobbying fees, costs, or other similar expenses
  136  shall be made by the state.
  137         (2)In calculating monetary compensation under paragraph
  138  (1)(a), a wrongfully incarcerated person who is placed on parole
  139  or community supervision while serving the sentence resulting
  140  from the wrongful conviction and who commits no more than one
  141  felony that is not a violent felony which results in revocation
  142  of the parole or community supervision is eligible for
  143  compensation for the total number of years incarcerated. A
  144  wrongfully incarcerated person who commits one violent felony or
  145  more than one felony that is not a violent felony that results
  146  in revocation of the parole or community supervision is
  147  ineligible for any compensation under subsection (1).
  148         (2)(3)Except as provided in subsection (4), within 15
  149  calendar days after issuing notice to the claimant that his or
  150  her claim satisfies all of the requirements under this act, the
  151  department shall notify the Chief Financial Officer to draw a
  152  warrant from the General Revenue Fund or another source
  153  designated by the Legislature in law for the purchase of an
  154  annuity for the claimant based on the total amount determined by
  155  the department under this act.
  156         (3)(4) The Chief Financial Officer shall issue payment in
  157  the amount determined by the department to an insurance company
  158  or other financial institution admitted and authorized to issue
  159  annuity contracts in this state to purchase an annuity or
  160  annuities, selected by the wrongfully incarcerated person, for a
  161  term of not less than 10 years. The Chief Financial Officer is
  162  directed to execute all necessary agreements to implement this
  163  act and to maximize the benefit to the wrongfully incarcerated
  164  person. The terms of the annuity or annuities shall:
  165         (a) Provide that the annuity or annuities may not be sold,
  166  discounted, or used as security for a loan or mortgage by the
  167  wrongfully incarcerated person.
  168         (b) Contain beneficiary provisions for the continued
  169  disbursement of the annuity or annuities in the event of the
  170  death of the wrongfully incarcerated person.
  171         (4)(a)The Chief Financial Officer may not draw a warrant
  172  to purchase an annuity for a claimant who is currently
  173  incarcerated:
  174         1.In a county, city, or federal jail or other correctional
  175  facility or an institution operated by the Department of
  176  Corrections for a felony conviction other than a crime for which
  177  the claimant was wrongfully convicted; or
  178         2.Due to the revocation of parole or probation for a
  179  felony conviction other than a crime for which the claimant was
  180  wrongfully convicted.
  181         (b)After a term of incarceration described in subparagraph
  182  (a)1. or subparagraph (a)2. has concluded, the Chief Financial
  183  Officer shall commence with the drawing of a warrant as
  184  described in this section.
  185         (5) Before the department approves the application for
  186  compensation, the wrongfully incarcerated person must sign a
  187  release and waiver on behalf of the wrongfully incarcerated
  188  person and his or her heirs, successors, and assigns, forever
  189  releasing the state or any agency, instrumentality, or any
  190  political subdivision thereof, or any other entity subject to s.
  191  768.28, from all present or future claims that the wrongfully
  192  incarcerated person or his or her heirs, successors, or assigns
  193  may have against such entities arising out of the facts in
  194  connection with the wrongful conviction for which compensation
  195  is being sought under the act.
  196         (6)(a) A wrongfully incarcerated person may not submit an
  197  application for compensation under this act if the person has a
  198  lawsuit pending against the state or any agency,
  199  instrumentality, or any political subdivision thereof, or any
  200  other entity subject to the provisions of s. 768.28, in state or
  201  federal court requesting compensation arising out of the facts
  202  in connection with the claimant’s conviction and incarceration.
  203         (b) A wrongfully incarcerated person may not submit an
  204  application for compensation under this act if the person is the
  205  subject of a claim bill pending for claims arising out of the
  206  facts in connection with the claimant’s conviction and
  207  incarceration.
  208         (c) Once an application is filed under this act, a
  209  wrongfully incarcerated person may not pursue recovery under a
  210  claim bill until the final disposition of the application.
  211         (d) Any amount awarded under this act is intended to
  212  provide the sole compensation for any and all present and future
  213  claims arising out of the facts in connection with the
  214  claimant’s conviction and incarceration. Upon notification by
  215  the department that an application meets the requirements of
  216  this act, a wrongfully incarcerated person may not recover under
  217  a claim bill.
  218         (e) Any compensation awarded under a claim bill shall be
  219  the sole redress for claims arising out of the facts in
  220  connection with the claimant’s conviction and incarceration and,
  221  upon any award of compensation to a wrongfully incarcerated
  222  person under a claim bill, the person may not receive
  223  compensation under this act.
  224         (7) Any payment made under this act does not constitute a
  225  waiver of any defense of sovereign immunity or an increase in
  226  the limits of liability on behalf of the state or any person
  227  subject to the provisions of s. 768.28 or any other law.
  228         Section 5. Section 961.07, Florida Statutes, is amended to
  229  read:
  230         961.07 Continuing appropriation.—Beginning in the 2024-2025
  231  2008-2009 fiscal year and continuing each fiscal year
  232  thereafter, a sum sufficient to pay the approved payments under
  233  s. 961.03(1)(b) this act is appropriated from the General
  234  Revenue Fund to the Chief Financial Officer, which sum is
  235  further appropriated for expenditure pursuant to the provisions
  236  of this act.
  237         Section 6. This act shall take effect July 1, 2024.