A

Senators Holzendorf and Dudley moved the following
amendment:



                                                  SENATE AMENDMENT

    Bill No. CS/HB 3035

    Amendment No.    

                            CHAMBER ACTION
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11  Senators Holzendorf and Dudley moved the following amendment:

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13         Senate Amendment 

14         Delete everything after the enacting clause

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16  and insert:

17         Section 1.  The Division of Administrative Hearings is

18  directed to appoint an administrative law judge to conduct a

19  hearing and determine whether a basis for equitable relief

20  exists for the purpose of compensating claimants Freddie Lee

21  Pitts and Wilbert Lee for any wrongful act or omission of the

22  State of Florida, or officials thereof, which affected the

23  fundamental fairness of the criminal proceedings against the

24  claimants and resulted in their convictions. In conducting the

25  hearing, the administrative law judge shall review the trial

26  and appellate record of the criminal cases against the

27  claimants, the record of the legislative proceedings, and the

28  Cabinet pardon proceedings and shall report on the fundamental

29  fairness thereof. The Department of Legal Affairs is directed

30  to provide representation for the State of Florida.

31         Section 2.  If the administrative law judge determines

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3035

    Amendment No.    





 1  by a preponderance of the evidence that the State of Florida,

 2  or officials, thereof, committed a wrongful act and that a

 3  basis for equitable relief exists, the administrative law

 4  judge is authorized to award claimants Freddie Lee Pitts and

 5  Wilbert Lee the amount of $500,000 each. The determination of

 6  the administrative law judge shall be reported to the

 7  President of the Florida Senate and the Speaker of the Florida

 8  House of Representatives no later than August 1, 1998. The

 9  Comptroller is authorized to draw a warrant in satisfaction of

10  the relief awarded by the administrative law judge as provided

11  in this act, and the State Treasurer is directed to pay the

12  same out of funds appropriated in section 3 of this act.

13         Section 3.  The amount of $1,250,000 is hereby

14  appropriated from the General Revenue Fund in the State

15  Treasury to fund any amounts awarded to Freddie Lee Pitts and

16  Wilbert Lee pursuant to this act, including amounts awarded

17  pursuant to section 4 of this act.

18         Section 4.  In addition to any funds awarded to

19  claimants, if the claimants are determined to be prevailing

20  parties, the administrative law judge is authorized to award a

21  reasonable attorney's fee including all costs to the claimants

22  in an amount not to exceed 25 percent of the compensation

23  awarded.

24         Section 5.  This act shall take effect upon becoming a

25  law.

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