Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 326
       
       
       
       
       
       
                                Ì6872622Î687262                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             05/02/2014 09:00 PM       .                                
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       Senator Thompson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 961.055, Florida Statutes, is created to
    6  read:
    7         961.055 Application for compensation for a wrongfully
    8  incarcerated person; exemption from application by nolle
    9  prosequi.—
   10         (1) A person alleged to be a wrongfully incarcerated person
   11  who was convicted and sentenced to death on or before December
   12  31, 1979, is exempt from the application provisions of ss.
   13  961.03, 961.04, and 961.05 in the determination of wrongful
   14  incarceration and eligibility to receive compensation pursuant
   15  to s. 961.06 if:
   16         (a) The Governor issues an executive order appointing a
   17  special prosecutor to review the defendant’s conviction; and
   18         (b) The special prosecutor thereafter enters a nolle
   19  prosequi for the charges for which the defendant was convicted
   20  and sentenced to death.
   21         (2) The nolle prosequi constitutes conclusive proof that
   22  the defendant is innocent of the offenses charged and is
   23  eligible to receive compensation under this chapter.
   24         (3) This section is repealed July 1, 2018.
   25         Section 2. Section 961.056, Florida Statutes, is created to
   26  read:
   27         961.056 Alternative application for compensation for a
   28  wrongfully incarcerated person.—
   29         (1) A person who has been determined to be a wrongfully
   30  incarcerated person pursuant to s. 961.055 is eligible to apply
   31  to the department to receive compensation for such wrongful
   32  incarceration.
   33         (a) Only the wrongfully incarcerated person may apply for
   34  compensation. The estate of, or personal representative for, a
   35  decedent may not apply on behalf of the decedent for
   36  compensation for wrongful incarceration.
   37         (b) In order to receive compensation, the wrongfully
   38  incarcerated person shall, by July 1, 2016, submit to the
   39  Department of Legal Affairs an application for compensation
   40  irrespective of whether the person has previously sought
   41  compensation under this chapter. The application must include:
   42         1. A certified copy of the nolle prosequi or nolle prosequi
   43  memorandum;
   44         2. Certified copies of the original judgment and sentence;
   45         3. Documentation demonstrating the length of the sentence
   46  served, including documentation from the Department of
   47  Corrections regarding the person’s admission into and release
   48  from the custody of the Department of Corrections;
   49         4. Positive proof of identification, as evidenced by two
   50  full sets of fingerprints prepared by a law enforcement agency
   51  of this state and a current form of photo identification;
   52         5. Supporting documentation of any fine, penalty, or court
   53  costs imposed on and paid by the wrongfully incarcerated person
   54  as described in s. 961.06(1);
   55         6. Supporting documentation of any reasonable attorney fees
   56  and expenses as described in s. 961.06(1); and
   57         7. Any other documentation, evidence, or information
   58  required by rules adopted by the department.
   59         (2) The law enforcement agency that prepared the
   60  applicant’s set of fingerprints shall forward both full sets to
   61  the Department of Law Enforcement. The Department of Law
   62  Enforcement shall retain one set for statewide criminal records
   63  checks and forward the second set of fingerprints to the Federal
   64  Bureau of Investigation for national criminal records checks.
   65  The results of the state and national records checks shall be
   66  submitted to the department.
   67         (3) Upon receipt of an application, the department shall
   68  examine the application and, within 30 days after receipt of the
   69  application, shall notify the claimant of any error or omission
   70  and request any additional information relevant to the review of
   71  the application.
   72         (a) The claimant has 15 days after proper notification by
   73  the department to correct any identified error or omission in
   74  the application and to supply any additional information
   75  relevant to the application.
   76         (b) The department may not deny an application for failure
   77  of the claimant to correct an error or omission or to supply
   78  additional information unless the department has notified the
   79  claimant of such error or omission and requested the additional
   80  information within the 30-day period specified in this
   81  subsection.
   82         (c) The department shall process and review each complete
   83  application within 90 calendar days.
   84         (d) Once the department determines whether a claim for
   85  compensation meets the requirements of this chapter, the
   86  department shall notify the claimant within 5 business days
   87  after that determination.
   88         (4) If the department determines that a claimant making
   89  application under this section meets the requirements of this
   90  chapter, the wrongfully incarcerated person is entitled to
   91  compensation under s. 961.06.
   92         (5)(a) No portion of the compensation paid to a claimant
   93  making application under this section may be used for attorney
   94  fees, lobbyist fees, or costs relating to assisting the claimant
   95  in receiving such compensation.
   96         (b) A person who accepts any portion of the compensation
   97  paid to a claimant making application under this section as
   98  payment for attorney fees, lobbyist fees, or costs relating to
   99  assisting the claimant in receiving such compensation commits a
  100  misdemeanor of the first degree, punishable as provided in s.
  101  775.082 or s. 775.083.
  102         (6) This section is repealed July 1, 2018.
  103         Section 3. Subsections (4) and (5) of section 961.06,
  104  Florida Statutes, are amended to read:
  105         961.06 Compensation for wrongful incarceration.—
  106         (4) The Chief Financial Officer shall issue payment in the
  107  amount determined by the department to an insurance company or
  108  other financial institution admitted and authorized to issue
  109  purchase an annuity contracts in this state to purchase an
  110  annuity or annuities, selected by the wrongfully incarcerated
  111  person, on behalf of the claimant for a term of not less than 10
  112  years. The Chief Financial Officer is directed to execute all
  113  necessary agreements to implement this act and to maximize the
  114  benefit to the wrongfully incarcerated person. The terms of the
  115  annuity or annuities shall:
  116         (a) Provide that the annuity or annuities may not be sold,
  117  discounted, or used as security for a loan or mortgage by the
  118  wrongfully incarcerated person applicant.
  119         (b) Contain beneficiary provisions for the continued
  120  disbursement of the annuity or annuities in the event of the
  121  death of the wrongfully incarcerated person applicant.
  122         (5) Before the department approves the application for
  123  compensation Chief Financial Officer draws the warrant for the
  124  purchase of the annuity, the wrongfully incarcerated person
  125  claimant must sign a release and waiver on behalf of the
  126  wrongfully incarcerated person claimant and his or her heirs,
  127  successors, and assigns, forever releasing the state or any
  128  agency, instrumentality, or any political subdivision thereof,
  129  or any other entity subject to the provisions of s. 768.28, from
  130  all present or future claims that the wrongfully incarcerated
  131  person claimant or his or her heirs, successors, or assigns may
  132  have against such entities arising out of the facts in
  133  connection with the wrongful conviction for which compensation
  134  is being sought under the act. The release and waiver must be
  135  provided to the department prior to the issuance of the warrant
  136  by the Chief Financial Officer.
  137         Section 4. This act shall take effect July 1, 2014.
  138  
  139  ================= T I T L E  A M E N D M E N T ================
  140  And the title is amended as follows:
  141         Delete everything before the enacting clause
  142  and insert:
  143                        A bill to be entitled                      
  144         An act relating to victims of wrongful incarceration;
  145         creating s. 961.055, F.S.; providing that a wrongfully
  146         incarcerated person who was convicted and sentenced to
  147         death on or before December 31, 1979, is exempt from
  148         certain application procedures for compensation if a
  149         special prosecutor issues a nolle prosequi after
  150         reviewing the defendant’s conviction; creating s.
  151         961.056, F.S.; providing alternative procedures for
  152         applying for compensation; requiring the claimant to
  153         file an application with the Department of Legal
  154         Affairs within a specified time; requiring the
  155         application to include certain information and
  156         documents; providing that the claimant is entitled to
  157         compensation if all requirements are met; prohibiting
  158         compensation from being used for specified attorney
  159         fees, lobbyist fees, and costs; providing criminal
  160         penalties; providing that the section is repealed on a
  161         specified date; amending s. 961.06, F.S.; requiring
  162         the Chief Financial Officer to issue payment to an
  163         insurance company or other financial institution
  164         authorized to issue annuity contracts to purchase an
  165         annuity or annuities selected by the wrongfully
  166         incarcerated person; requiring the Chief Financial
  167         Officer to execute all necessary agreements to
  168         implement compensation and to maximize the benefit to
  169         the wrongfully incarcerated person; requiring the
  170         wrongfully incarcerated person to sign a waiver before
  171         the department’s approval of the application;
  172         providing an effective date.