CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 68

    Amendment No. 1

                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Ways and Means recommended the following

12  amendment:

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14         Senate Amendment (with title amendment) 

15         Delete everything after the enacting clause

16

17  and insert:

18         Section 1.  The Division of Administrative Hearings is

19  directed to appoint an administrative law judge to conduct a

20  hearing and determine whether a basis for equitable relief

21  exists for the purpose of compensating claimants Freddie Lee

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

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

24  fundamental fairness of the criminal proceedings against the

25  claimants and resulted in their convictions. In conducting the

26  hearing, the administrative law judge shall review the trial

27  and appellate record of the criminal cases against the

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

29  Cabinet pardon proceedings and shall report on the fundamental

30  fairness thereof. The Department of Legal Affairs is directed

31  to provide representation for the State of Florida.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 68

    Amendment No. 1





 1         Section 2.  If the administrative law judge determines

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

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

 4  basis for equitable relief exists, the administrative law

 5  judge is authorized to award claimants Freddie Lee Pitts and

 6  Wilbert Lee the amount of $1.5 million each. The determination

 7  of the administrative law judge shall be reported to the

 8  President of the Florida Senate and the Speaker of the Florida

 9  House of Representatives no later than July 1, 1998. The

10  Comptroller is authorized to draw a warrant in satisfaction of

11  the relief awarded by the administrative law judge as provided

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

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

14         Section 3.  The amount of $3,750,000 is hereby

15  appropriated from the General Revenue Fund in the State

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

17  Wilbert Lee pursuant to this act, including amounts awarded

18  pursuant to section 4 of this act.

19         Section 4.  In addition to any funds awarded to

20  claimants, if the claimants are determined to be prevailing

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

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

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

24  awarded.

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

26  law.

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29  ================ T I T L E   A M E N D M E N T ===============

30  And the title is amended as follows:

31         On page 1, lines 3-5, delete those lines

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 68

    Amendment No. 1





 1  and insert:

 2         Wilbert Lee; providing for a hearing to be

 3         conducted by the Division of Administrative

 4         Hearings; requiring the Department of Legal

 5         Affairs to represent the state; providing a

 6         contingent appropriation to compensate Freddie

 7         Lee Pitts and Wilbert Lee, if appropriate;

 8         providing a contingent appropriation for the

 9         payment of attorneys' fees; providing an

10         effective

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