Florida Senate - 2025 SB 130
By Senator Bradley
6-00356A-25 2025130__
1 A bill to be entitled
2 An act relating to compensation of victims of wrongful
3 incarceration; amending s. 961.02, F.S.; deleting the
4 definition of the term “violent felony”; amending s.
5 961.03, F.S.; expanding the period during which a
6 petition for compensation for wrongful incarceration
7 may be filed; providing that certain persons who had
8 petitions dismissed or who had not previously filed
9 such petitions may file such petitions; amending s.
10 961.04, F.S.; providing that a wrongfully incarcerated
11 person is not eligible for compensation for any period
12 of incarceration during which the person was
13 concurrently serving a sentence for a conviction of
14 another felony for which such person was lawfully
15 incarcerated; deleting provisions excluding persons
16 convicted of violent felonies from compensation;
17 deleting other exclusions; amending s. 961.06, F.S.;
18 revising provisions concerning the offset of civil
19 judgments in favor of claimants against awards;
20 providing that the Chief Financial Officer may not
21 draw a warrant to purchase an annuity for a claimant
22 in certain circumstances; requiring the Chief
23 Financial Officer to draw a warrant after a certain
24 term has concluded; amending s. 961.07, F.S.; revising
25 provisions concerning a continuing appropriation for
26 certain payments; providing that certain payments are
27 subject to specific appropriation; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Subsection (6) of section 961.02, Florida
33 Statutes, is amended to read:
34 961.02 Definitions.—As used in ss. 961.01-961.07, the term:
35 (6) “Violent felony” means a felony listed in s.
36 775.084(1)(c)1. or s. 948.06(8)(c).
37 Section 2. Paragraph (b) of subsection (1) of section
38 961.03, Florida Statutes, is amended, and paragraph (c) is added
39 to that subsection, to read:
40 961.03 Determination of status as a wrongfully incarcerated
41 person; determination of eligibility for compensation.—
42 (1)
43 (b) The person must file the petition with the court:
44 1. Within 2 years 90 days after the order vacating a
45 conviction and sentence becomes final and the criminal charges
46 against the person are dismissed or the person is retried and
47 acquitted if the person’s conviction and sentence is vacated on
48 or after July 1, 2025 2008.
49 2. By July 1, 2027 2010, if the person’s conviction and
50 sentence was vacated and the criminal charges against the person
51 were dismissed or the person was retried and acquitted on or
52 after January 1, 2006, but before July 1, 2025, and he or she
53 previously filed a petition under this section that was
54 dismissed or no petition was filed under this section because:
55 a. The date on which the criminal charges against the
56 person were dismissed or the date on which the person was
57 acquitted upon retrial occurred more than 90 days after the date
58 of the final order vacating the conviction and sentence; or
59 b. The person was convicted of an unrelated felony before
60 or during his or her wrongful conviction and incarceration and
61 was ineligible for compensation under s. 961.04 as it existed
62 before July 1, 2025.
63 (c) A deceased person’s heirs, successors, or assigns do
64 not have standing to file a petition on the deceased person’s
65 behalf under this section by an order that became final prior to
66 July 1, 2008.
67 Section 3. Section 961.04, Florida Statutes, is amended to
68 read:
69 961.04 Eligibility for compensation for wrongful
70 incarceration.—A wrongfully incarcerated person is not eligible
71 for compensation under the act for any period of incarceration
72 during which the person was concurrently serving a sentence for
73 a conviction of another felony for which such person was
74 lawfully incarcerated. if:
75 (1) Before the person’s wrongful conviction and
76 incarceration, the person was convicted of, or pled guilty or
77 nolo contendere to, regardless of adjudication, any violent
78 felony, or a crime committed in another jurisdiction the
79 elements of which would constitute a violent felony in this
80 state, or a crime committed against the United States which is
81 designated a violent felony, excluding any delinquency
82 disposition;
83 (2) Before the person’s wrongful conviction and
84 incarceration, the person was convicted of, or pled guilty or
85 nolo contendere to, regardless of adjudication, more than one
86 felony that is not a violent felony, or more than one crime
87 committed in another jurisdiction, the elements of which would
88 constitute a felony in this state, or more than one crime
89 committed against the United States which is designated a
90 felony, excluding any delinquency disposition;
91 (3) During the person’s wrongful incarceration, the person
92 was convicted of, or pled guilty or nolo contendere to,
93 regardless of adjudication, any violent felony;
94 (4) During the person’s wrongful incarceration, the person
95 was convicted of, or pled guilty or nolo contendere to,
96 regardless of adjudication, more than one felony that is not a
97 violent felony; or
98 (5) During the person’s wrongful incarceration, the person
99 was also serving a concurrent sentence for another felony for
100 which the person was not wrongfully convicted.
101 Section 4. Section 961.06, Florida Statutes, is amended to
102 read:
103 961.06 Compensation for wrongful incarceration.—
104 (1) Except as otherwise provided in this act and subject to
105 the limitations and procedures prescribed in this section, a
106 person who is found to be entitled to compensation under the
107 provisions of this act is entitled to all of the following:
108 (a) Monetary compensation for wrongful incarceration, which
109 shall be calculated at a rate of $50,000 for each year of
110 wrongful incarceration, prorated as necessary to account for a
111 portion of a year. For persons found to be wrongfully
112 incarcerated after December 31, 2005 2008, the Chief Financial
113 Officer may adjust the annual rate of compensation for inflation
114 using the change in the December-to-December “Consumer Price
115 Index for All Urban Consumers” of the Bureau of Labor Statistics
116 of the Department of Labor.;
117 (b) A waiver of tuition and fees for up to 120 hours of
118 instruction at any career center established under s. 1001.44,
119 any Florida College System institution as defined in s.
120 1000.21(5), or any state university as defined in s. 1000.21(9),
121 if the wrongfully incarcerated person meets and maintains the
122 regular admission requirements of such career center, Florida
123 College System institution, or state university; remains
124 registered at such educational institution; and makes
125 satisfactory academic progress as defined by the educational
126 institution in which the claimant is enrolled.;
127 (c) The amount of any fine, penalty, or court costs imposed
128 and paid by the wrongfully incarcerated person.;
129 (d) The amount of any reasonable attorney attorney’s fees
130 and expenses incurred and paid by the wrongfully incarcerated
131 person in connection with all criminal proceedings and appeals
132 regarding the wrongful conviction, to be calculated by the
133 department based upon the supporting documentation submitted as
134 specified in s. 961.05.; and
135 (e) Notwithstanding any provision to the contrary in s.
136 943.0583 or s. 943.0585, immediate administrative expunction of
137 the person’s criminal record resulting from his or her wrongful
138 arrest, wrongful conviction, and wrongful incarceration. The
139 Department of Legal Affairs and the Department of Law
140 Enforcement shall, upon a determination that a claimant is
141 entitled to compensation, immediately take all action necessary
142 to administratively expunge the claimant’s criminal record
143 arising from his or her wrongful arrest, wrongful conviction,
144 and wrongful incarceration. All fees for this process shall be
145 waived.
146
147 The total compensation awarded under paragraphs (a), (c), and
148 (d) may not exceed $2 million. No further award for attorney
149 attorney’s fees, lobbying fees, costs, or other similar expenses
150 shall be made by the state.
151 (2) In calculating monetary compensation under paragraph
152 (1)(a), a wrongfully incarcerated person who is placed on parole
153 or community supervision while serving the sentence resulting
154 from the wrongful conviction and who commits no more than one
155 felony that is not a violent felony which results in revocation
156 of the parole or community supervision is eligible for
157 compensation for the total number of years incarcerated. A
158 wrongfully incarcerated person who commits one violent felony or
159 more than one felony that is not a violent felony that results
160 in revocation of the parole or community supervision is
161 ineligible for any compensation under subsection (1).
162 (2)(3) Except as provided in subsection (9), within 15
163 calendar days after issuing notice to the claimant that his or
164 her claim satisfies all of the requirements under this act, the
165 department shall notify the Chief Financial Officer to draw a
166 warrant from the General Revenue Fund or another source
167 designated by the Legislature in law for the purchase of an
168 annuity for the claimant based on the total amount determined by
169 the department under this act.
170 (3)(4) The Chief Financial Officer shall issue payment in
171 the amount determined by the department to an insurance company
172 or other financial institution admitted and authorized to issue
173 annuity contracts in this state to purchase an annuity or
174 annuities, selected by the wrongfully incarcerated person, for a
175 term of not less than 10 years. The Chief Financial Officer is
176 directed to execute all necessary agreements to implement this
177 act and to maximize the benefit to the wrongfully incarcerated
178 person. The terms of the annuity or annuities shall:
179 (a) Provide that the annuity or annuities may not be sold,
180 discounted, or used as security for a loan or mortgage by the
181 wrongfully incarcerated person.
182 (b) Contain beneficiary provisions for the continued
183 disbursement of the annuity or annuities in the event of the
184 death of the wrongfully incarcerated person.
185 (4) If, when monetary compensation is determined under
186 paragraph (1)(a), a court has previously entered a monetary
187 judgment in favor of the claimant in a civil action related to
188 the claimant’s wrongful incarceration, or the claimant has
189 entered into a settlement agreement with the state or any
190 political subdivision thereof related to the claimant’s wrongful
191 incarceration, the amount of the damages in the civil action or
192 settlement agreement, less any sums paid for attorney fees or
193 costs incurred in litigating the civil action or obtaining the
194 settlement agreement, shall be deducted from the total monetary
195 compensation to which the claimant is entitled under this
196 section.
197 (5)(a) If subsection (4) does not apply and if, after
198 monetary compensation is determined under paragraph (1)(a):
199 1. The court enters a monetary judgment in favor of the
200 claimant in a civil action related to the claimant’s wrongful
201 incarceration; or
202 2. The claimant enters into a settlement agreement with the
203 state or any political subdivision thereof related to the
204 claimant’s wrongful incarceration,
205
206 the claimant shall reimburse the state for the monetary
207 compensation paid under paragraph (1)(a), less any sums paid for
208 attorney fees or costs incurred in litigating the civil action
209 or obtaining the settlement agreement.
210 (b) A reimbursement required under this subsection may not
211 exceed the amount of the monetary award the claimant received
212 for damages in a civil action or settlement agreement.
213 (c) In the order of judgment, the court shall award to the
214 state any amount required to be deducted under this subsection.
215 (6)(a) The claimant shall notify the department upon filing
216 a civil action against the state or any political subdivision
217 thereof in which the claimant is seeking monetary damages
218 related to the claimant’s wrongful incarceration for which he or
219 she previously received or is applying to receive compensation
220 under paragraph (1)(a).
221 (b) Upon notice of the claimant’s civil action, the
222 department shall file in the case a notice of payment of
223 monetary compensation to the claimant under paragraph (1)(a).
224 The notice shall constitute a lien upon any monetary judgment or
225 settlement recovered under the civil action which is equal to
226 the sum of monetary compensation paid to the claimant under
227 paragraph (1)(a), less any attorney fees and costs incurred in
228 litigating the civil action or obtaining the settlement
229 agreement
230 (5) Before the department approves the application for
231 compensation, the wrongfully incarcerated person must sign a
232 release and waiver on behalf of the wrongfully incarcerated
233 person and his or her heirs, successors, and assigns, forever
234 releasing the state or any agency, instrumentality, or any
235 political subdivision thereof, or any other entity subject to s.
236 768.28, from all present or future claims that the wrongfully
237 incarcerated person or his or her heirs, successors, or assigns
238 may have against such entities arising out of the facts in
239 connection with the wrongful conviction for which compensation
240 is being sought under the act.
241 (6)(a) A wrongfully incarcerated person may not submit an
242 application for compensation under this act if the person has a
243 lawsuit pending against the state or any agency,
244 instrumentality, or any political subdivision thereof, or any
245 other entity subject to the provisions of s. 768.28, in state or
246 federal court requesting compensation arising out of the facts
247 in connection with the claimant’s conviction and incarceration.
248 (7)(a)(b) A wrongfully incarcerated person may not submit
249 an application for compensation under this act if the person is
250 the subject of a claim bill pending for claims arising out of
251 the facts in connection with the claimant’s conviction and
252 incarceration.
253 (b)(c) Once an application is filed under this act, a
254 wrongfully incarcerated person may not pursue recovery under a
255 claim bill until the final disposition of the application.
256 (c)(d) Any amount awarded under this act is intended to
257 provide the sole compensation for any and all present and future
258 claims arising out of the facts in connection with the
259 claimant’s conviction and incarceration. Upon notification by
260 the department that an application meets the requirements of
261 this act, a wrongfully incarcerated person may not recover under
262 a claim bill.
263 (d)(e) Any compensation awarded under a claim bill shall be
264 the sole redress for claims arising out of the facts in
265 connection with the claimant’s conviction and incarceration and,
266 upon any award of compensation to a wrongfully incarcerated
267 person under a claim bill, the person may not receive
268 compensation under this act.
269 (8)(7) Any payment made under this act does not constitute
270 a waiver of any defense of sovereign immunity or an increase in
271 the limits of liability on behalf of the state or any person
272 subject to the provisions of s. 768.28 or any other law.
273 (9)(a) The Chief Financial Officer may not draw a warrant
274 to purchase an annuity for a claimant who is currently
275 incarcerated:
276 1. In a county, city, or federal jail or other correctional
277 facility or an institution operated by the Department of
278 Corrections for a felony conviction other than a crime for which
279 the claimant was wrongfully convicted; or
280 2. Due to the revocation of parole or probation for a
281 felony conviction other than a crime for which the claimant was
282 wrongfully convicted.
283 (b) After a term of incarceration described in subparagraph
284 (a)1. or subparagraph (a)2. has concluded, the Chief Financial
285 Officer shall commence with the drawing of a warrant as
286 described in this section.
287 Section 5. Section 961.07, Florida Statutes, is amended to
288 read:
289 961.07 Continuing appropriation.—
290 (1) Beginning in the 2025-2026 2008-2009 fiscal year and
291 continuing each fiscal year thereafter, a sum sufficient to pay
292 the approved payments under s. 961.03(1)(b)1. this act is
293 appropriated from the General Revenue Fund to the Chief
294 Financial Officer, which sum is further appropriated for
295 expenditure pursuant to the provisions of this act.
296 (2) Payments for petitions filed pursuant to s.
297 961.03(1)(b)2. are subject to specific appropriation.
298 Section 6. This act shall take effect July 1, 2025.