Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2464
                        Barcode 375464
                            CHAMBER ACTION
              Senate                               House
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       04/23/2007 06:12 PM         .                    
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11  The Committee on Criminal Justice (Aronberg) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 5, line 6, through
16            page 6, line 26, delete those lines
17  
18  and insert:  
19         (6)  If the Department of Legal Affairs determines that
20  the claim for compensation is supported by sufficient proof,
21  the department must forward a request for payment to the Chief
22  Financial Officer who shall pay the claim according to the
23  recommendation, subject to a specific appropriation made by
24  the Legislature pursuant to subsection (8).
25         (a)  The department shall recommend compensation at the
26  rate of $50,000 for each year of wrongful incarceration,
27  prorated as necessary to compensate for portions of years.
28         (b)  The department shall request sufficient funding in
29  its Legislative Budget Request pursuant to chapter 216 Florida
30  Statutes, to make payments that it recommends pursuant to the
31  provisions of this act.
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    12:07 PM   04/19/07                            s2464c-cj27-n02

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2464 Barcode 375464 1 (c) If the claimant has not executed the release and 2 waiver pursuant to paragraph (7)(a), the claimant is not 3 precluded from filing a claim bill in accordance with the 4 current Rules of the House of Representatives and the Rules of 5 the Senate, which shall be the sole redress of any dispute 6 regarding any part of this act. 7 (7)(a) Before payment is tendered pursuant to this 8 act, the claimant must present to the Chief Financial Officer 9 an executed release and waiver on behalf of the claimant or 10 his or her heirs, successors, and assigns, forever releasing 11 the state or any agency, instrumentality, officer, or 12 employee, or any political subdivision thereof, or any other 13 entity subject to the provisions of s. 768.28, Florida 14 Statutes, from any and all present or future claims that the 15 claimant or his or her heirs, successors, or assigns may have 16 against such entities and arising out of the factual situation 17 in connection with the conviction for which compensation is 18 being sought under this act. 19 (b) Declaratory action to obtain judicial expungement 20 of the claimant's judicial and executive branch records as 21 otherwise provided by law is not prohibited by this act. 22 (8) Payment shall be made to a claimant pursuant to 23 specific appropriation to the Department of Legal Affairs made 24 by the Legislature for the benefit of the claimant. Payment 25 shall be made within 90 days after the effective date of the 26 appropriation. 27 28 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 18-20, delete those lines 2 12:07 PM 04/19/07 s2464c-cj27-n02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2464 Barcode 375464 1 and insert: 2 the Chief Financial Officer; requiring the 3 department to make a legislative budget 4 request; providing for legislative redress of 5 disputes; requiring an executed release and 6 waiver as a condition precedent to tender of 7 payment; providing requirements with respect to 8 the processing and payment of a claim; 9 requiring that payment be made pursuant to 10 specific appropriation to the Department of 11 Legal Affairs; providing for waiver of 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 12:07 PM 04/19/07 s2464c-cj27-n02