| 1 | House Concurrent Resolution | 
| 2 | A concurrent resolution proposing the adoption of Joint  | 
| 3 | Rule 9, Joint Rules of the Florida Legislature, relating  | 
| 4 | to compensation for the wrongfully incarcerated. | 
| 5 | 
  | 
| 6 | Be It Resolved by the House of Representatives of the State of  | 
| 7 | Florida, the Senate Concurring: | 
| 8 | 
  | 
| 9 |      That Joint Rule 9, Joint Rules of the Legislature, is  | 
| 10 | hereby created to read: | 
| 11 | 
  | 
| 12 | Joint Rule Nine | 
| 13 | Compensation for Wrongful Incarceration | 
| 14 | 
  | 
| 15 |      9.1-Eligibility | 
| 16 |      (1)  A claim bill shall be allowed for wrongful criminal  | 
| 17 | felony convictions resulting in imprisonment if the claimant has  | 
| 18 | been granted judicial relief absolving the claimant of guilt on  | 
| 19 | the basis of actual innocence of the crime for which the  | 
| 20 | claimant was sentenced. | 
| 21 |      (2)  As used in this Joint Rule, "actual innocence" means: | 
| 22 |      (a)  The claimant was charged, by indictment or  | 
| 23 | information, with the commission of an offense classified as a  | 
| 24 | felony; | 
| 25 |      (b)  The claimant did not plead guilty or no contest to the  | 
| 26 | offense charged or to any lesser included offense, unless the  | 
| 27 | claimant was charged with a capital offense; | 
| 28 |      (c)  The claimant was convicted of the offense; | 
| 29 |      (d)  The claimant was sentenced to incarceration for a term  | 
| 30 | of imprisonment as a result of the conviction; | 
| 31 |      (e)  The claimant was imprisoned solely on the basis of the  | 
| 32 | conviction for the offense;  | 
| 33 |      (f)  The claimant did not, by his or her misconduct or  | 
| 34 | neglect, bring about the prosecution;  | 
| 35 |      (g)  The claimant's acts did not constitute a crime; and | 
| 36 |      (h)  A court of competent jurisdiction found by clear and  | 
| 37 | convincing evidence that the offense for which the claimant was  | 
| 38 | convicted, sentenced, and imprisoned, including any lesser  | 
| 39 | included offenses, was not committed by the claimant and issued  | 
| 40 | an order vacating, dismissing, or reversing the conviction and  | 
| 41 | sentence and providing that no further proceedings can be or  | 
| 42 | will be held against the claimant on any facts and circumstances  | 
| 43 | alleged in the proceedings which had resulted in the conviction. | 
| 44 |      (3)  A claimant shall not be eligible for compensation if  | 
| 45 | the claimant was also serving a concurrent felony sentence.      | 
| 46 |      (4)  The claimant must comply with both the Senate Rules  | 
| 47 | and the Rules of the House of Representatives and shall not file  | 
| 48 | a claim bill later than 2 years after the order vacating,  | 
| 49 | reversing, or dismissing the sentence, except that all other  | 
| 50 | judicial and administrative remedies need not be exhausted. | 
| 51 | 
  | 
| 52 |      9.2-Relief | 
| 53 |      (1)  Upon a finding of actual innocence and that all  | 
| 54 | conditions of this Joint Rule have been satisfied, the  | 
| 55 | Legislature may award the claimant relief as specified in Joint  | 
| 56 | Rule 9.3 or 9.4, but not both. | 
| 57 |      (2)  Any person awarded compensation pursuant to this Joint  | 
| 58 | Rule who is subsequently convicted of a felony shall,  | 
| 59 | immediately upon such conviction, not be eligible to receive any  | 
| 60 | unpaid amounts or benefits from any compensation awarded in the  | 
| 61 | relief act. Any amount from an annuity that is forfeited  | 
| 62 | pursuant to this section shall revert to the state General  | 
| 63 | Revenue Fund. | 
| 64 |      (3)  No award for relief pursuant to this Joint Rule shall  | 
| 65 | include punitive damages. | 
| 66 |      (4)  The relief act may include an apology made by the  | 
| 67 | Legislature on behalf of the State of Florida. | 
| 68 | 
  | 
| 69 |      9.3-Nonmonetary Compensation | 
| 70 |      (1)  HEALTH CARE PLAN.-The relief act may direct the  | 
| 71 | appropriate state agency to purchase a comprehensive health care  | 
| 72 | plan, including dental and mental health coverage. | 
| 73 |      (2)  EDUCATIONAL ASSISTANCE.-The relief act may waive  | 
| 74 | tuition and fees for up to a total of 4 years of instruction at  | 
| 75 | any career center established pursuant to section 1001.44,  | 
| 76 | Florida Statutes, at any community college established under  | 
| 77 | part III of chapter 1004, Florida Statutes, or any state  | 
| 78 | university. The relief act shall state that for any educational  | 
| 79 | benefit made, the claimant shall be required to meet and  | 
| 80 | maintain the regular admission requirements of, and be  | 
| 81 | registered at, such career center, community college, or state  | 
| 82 | university and make satisfactory academic progress as defined by  | 
| 83 | the educational institution in which the claimant is enrolled. | 
| 84 |      (3)  JOB PREFERENCE.-The relief act may award first  | 
| 85 | preference in employment by the state and its political  | 
| 86 | subdivisions. | 
| 87 |      (a)  The relief act must state that the claimant must be  | 
| 88 | otherwise eligible for employment with the hiring agency or  | 
| 89 | political subdivision. | 
| 90 |      (b)  The relief act must state that the job preference  | 
| 91 | benefits awarded do not apply to positions that are exempt from  | 
| 92 | the State Career Service System under section 110.205(2),  | 
| 93 | Florida Statutes, positions which are filled by officers elected  | 
| 94 | by popular vote or persons appointed to fill vacancies in such  | 
| 95 | offices, members of boards and commissions, persons employed on  | 
| 96 | a temporary basis without benefits, heads of departments, and  | 
| 97 | positions that require licensure as a physician, osteopathic  | 
| 98 | physician, chiropractic physician, engineer, or membership in  | 
| 99 | The Florida Bar. | 
| 100 |      (4)  WAIVER OF FEES.-The relief act shall waive any  | 
| 101 | statutory fees required to expunge any arrest or court records  | 
| 102 | as otherwise subject to expunction by law or court rule and  | 
| 103 | shall waive any fees for copying costs or other costs of  | 
| 104 | obtaining public records in furtherance of such expunction. | 
| 105 | 
  | 
| 106 |      Rule 9.4-Monetary Compensation | 
| 107 |      (1)  The relief act may provide compensation in an amount  | 
| 108 | not to exceed $200,000. | 
| 109 |      (2)  Any compensation computed pursuant to subsection (1)  | 
| 110 | may be awarded in a lump sum or may be paid in an initial lump  | 
| 111 | sum equal to 20 percent of the compensation award with the  | 
| 112 | remaining 80 percent of the principal of the compensation award  | 
| 113 | to be used by the Chief Financial Officer to purchase an  | 
| 114 | annuity. If the Legislature directs that an annuity be  | 
| 115 | purchased, the relief act must state the following: | 
| 116 |      (a)  That any annuity purchased shall be purchased from any  | 
| 117 | A+ rated company, to provide equal monthly installments to the  | 
| 118 | claimant for a period certain of a stated number of years  | 
| 119 | commencing no later than 1 year after the effective date of the  | 
| 120 | appropriation; | 
| 121 |      (b)  That the annuity shall provide that it shall not be  | 
| 122 | sold, discounted, or used as security for loans and mortgages by  | 
| 123 | the claimant; and | 
| 124 |      (c)  That the annuity shall contain beneficiary provisions  | 
| 125 | providing for the annuity's continued disbursement in the event  | 
| 126 | of the death of the claimant, subject to the provisions of Joint  | 
| 127 | Rule 9.2(2). | 
| 128 | 
  | 
| 129 |      9.5-Release and Waiver | 
| 130 |      As a condition of receiving any compensation under this  | 
| 131 | Joint Rule, a claimant shall execute a release and waiver on  | 
| 132 | behalf of the claimant or his or her heirs, successors, and/or  | 
| 133 | assigns forever releasing the State of Florida or any agency,  | 
| 134 | instrumentality, officer, employee, or political subdivision  | 
| 135 | thereof, or any other entity subject to the provisions of  | 
| 136 | section 768.28, Florida Statutes, from any and all present or  | 
| 137 | future claims the claimant or his or her heirs, successors,  | 
| 138 | and/or assigns may have against such enumerated entities and  | 
| 139 | arising out of the factual situation in connection with the  | 
| 140 | conviction for which the compensation is being sought under this  | 
| 141 | Joint Rule. | 
| 142 | 
  | 
| 143 |      9.6-Collateral Sources | 
| 144 |      The claimant is not eligible for compensation if the  | 
| 145 | claimant was awarded a final judgment in a court of law, or has  | 
| 146 | received any funds pursuant to a settlement agreement for  | 
| 147 | compensation or damages arising out of the factual situation in  | 
| 148 | connection with the conviction for which compensation is sought  | 
| 149 | under this Joint Rule. | 
| 150 | 
  | 
| 151 |      9.7-Attorney's and Lobbyist's Fees | 
| 152 |      Attorney's and lobbyist's fees are subject to the  | 
| 153 | provisions of section 768.28(8), Florida Statutes. No  | 
| 154 | compensation shall be made for attorney's fees charged for legal  | 
| 155 | services relating to a finding of actual innocence as defined by  | 
| 156 | this Joint Rule. | 
| 157 | 
  | 
| 158 |      9.8-Sovereign Immunity; Limits of Liability | 
| 159 |      The passage of a relief act pursuant to this Joint Rule  | 
| 160 | shall not be deemed to have waived any defense of sovereign  | 
| 161 | immunity or to have increased the limits of liability on behalf  | 
| 162 | of the state or any person or entity subject to the provisions  | 
| 163 | of section 768.28, Florida Statutes. |