Florida Senate - 2014                              CS for SB 326
       
       
        
       By the Committee on Judiciary; and Senator Thompson
       
       
       
       
       
       590-01753-14                                           2014326c1
    1                        A bill to be entitled                      
    2         An act relating to victims of wrongful incarceration;
    3         creating s. 961.055, F.S.; providing that a wrongfully
    4         incarcerated person who was convicted and sentenced to
    5         death on or before December 31, 1979, is exempt from
    6         certain application procedures for compensation if a
    7         special prosecutor issues a nolle prosequi after
    8         reviewing the defendant’s conviction; creating s.
    9         961.056, F.S.; providing alternative procedures for
   10         applying for compensation; requiring the claimant to
   11         file an application with the Department of Legal
   12         Affairs within a specified time; requiring the
   13         application to include certain information and
   14         documents; providing that the claimant is entitled to
   15         compensation if all requirements are met; providing
   16         that the section is repealed on a specified date;
   17         amending s. 961.06, F.S.; requiring the Chief
   18         Financial Officer to issue payment to an insurance
   19         company or other financial institution authorized to
   20         issue annuity contracts to purchase an annuity or
   21         annuities selected by the wrongfully incarcerated
   22         person; authorizing the Chief Financial Officer to
   23         execute all necessary agreements to implement
   24         compensation and to maximize the benefit to the
   25         wrongfully incarcerated person; requiring the
   26         wrongfully incarcerated person to sign a waiver before
   27         the department’s approval of the application;
   28         providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 961.055, Florida Statutes, is created to
   33  read:
   34         961.055Application for compensation for a wrongfully
   35  incarcerated person; exemption from application by nolle
   36  prosequi.—
   37         (1) A person alleged to be a wrongfully incarcerated person
   38  who was convicted and sentenced to death on or before December
   39  31, 1979, is exempt from the application provisions of ss.
   40  961.03, 961.04, and 961.05 in the determination of wrongful
   41  incarceration and eligibility to receive compensation pursuant
   42  to s. 961.06 if:
   43         (a)The Governor issues an executive order appointing a
   44  special prosecutor to review the defendant’s conviction; and
   45         (b)The special prosecutor thereafter enters a nolle
   46  prosequi for the charges for which the defendant was convicted
   47  and sentenced to death.
   48         (2)The nolle prosequi constitutes conclusive proof that
   49  the defendant is innocent of the offenses charged and is
   50  eligible to receive compensation under this chapter.
   51         (3) This section is repealed July 1, 2018.
   52         Section 2. Section 961.056, Florida Statutes, is created to
   53  read:
   54         961.056 Alternative application for compensation for a
   55  wrongfully incarcerated person.—
   56         (1) A person who has been determined to be a wrongfully
   57  incarcerated person pursuant to s. 961.055 is eligible to apply
   58  to the department to receive compensation for such wrongful
   59  incarceration.
   60         (a) Only the wrongfully incarcerated person may apply for
   61  compensation. The estate of, or personal representative for, a
   62  decedent may not apply on behalf of the decedent for
   63  compensation for wrongful incarceration.
   64         (b) In order to receive compensation, the wrongfully
   65  incarcerated person shall, by July 1, 2016, submit to the
   66  Department of Legal Affairs an application for compensation
   67  irrespective of whether the person has previously sought
   68  compensation under this chapter. The application must include:
   69         1. A certified copy of the nolle prosequi or nolle prosequi
   70  memorandum;
   71         2. Certified copies of the original judgment and sentence;
   72         3. Documentation demonstrating the length of the sentence
   73  served, including documentation from the Department of
   74  Corrections regarding the person’s admission into and release
   75  from the custody of the Department of Corrections;
   76         4. Positive proof of identification, as evidenced by two
   77  full sets of fingerprints prepared by a law enforcement agency
   78  of this state and a current form of photo identification;
   79         5. Supporting documentation of any fine, penalty, or court
   80  costs imposed on and paid by the wrongfully incarcerated person
   81  as described in s. 961.06(1);
   82         6. Supporting documentation of any reasonable attorney fees
   83  and expenses as described in s. 961.06(1); and
   84         7. Any other documentation, evidence, or information
   85  required by rules adopted by the department.
   86         (2) The law enforcement agency that prepared the
   87  applicant’s set of fingerprints shall forward both full sets to
   88  the Department of Law Enforcement. The Department of Law
   89  Enforcement shall retain one set for statewide criminal records
   90  checks and forward the second set of fingerprints to the Federal
   91  Bureau of Investigation for national criminal records checks.
   92  The results of the state and national records checks shall be
   93  submitted to the department.
   94         (3) Upon receipt of an application, the department shall
   95  examine the application and, within 30 days after receipt of the
   96  application, shall notify the claimant of any error or omission
   97  and request any additional information relevant to the review of
   98  the application.
   99         (a) The claimant has 15 days after proper notification by
  100  the department to correct any identified error or omission in
  101  the application and to supply any additional information
  102  relevant to the application.
  103         (b) The department may not deny an application for failure
  104  of the claimant to correct an error or omission or to supply
  105  additional information unless the department has notified the
  106  claimant of such error or omission and requested the additional
  107  information within the 30-day period specified in this
  108  subsection.
  109         (c) The department shall process and review each complete
  110  application within 90 calendar days.
  111         (d) Once the department determines whether a claim for
  112  compensation meets the requirements of this chapter, the
  113  department shall notify the claimant within 5 business days
  114  after that determination.
  115         (5) If the department determines that a claimant meets the
  116  requirements of this chapter, the wrongfully incarcerated person
  117  is entitled to compensation under s. 961.06.
  118         (6) This section is repealed July 1, 2018.
  119         Section 3. Subsections (4) and (5) of section 961.06,
  120  Florida Statutes, are amended to read:
  121         961.06 Compensation for wrongful incarceration.—
  122         (4) The Chief Financial Officer shall issue payment in the
  123  amount determined by the department to an insurance company or
  124  other financial institution admitted and authorized to issue
  125  purchase an annuity contracts in this state to purchase an
  126  annuity or annuities, selected by the wrongfully incarcerated
  127  person, on behalf of the claimant for a term of not less than 10
  128  years. The Chief Financial Officer is directed to execute all
  129  necessary agreements to implement this act and to maximize the
  130  benefit to the wrongfully incarcerated person. The terms of the
  131  annuity or annuities shall:
  132         (a) Provide that the annuity or annuities may not be sold,
  133  discounted, or used as security for a loan or mortgage by the
  134  wrongfully incarcerated person applicant.
  135         (b) Contain beneficiary provisions for the continued
  136  disbursement of the annuity or annuities in the event of the
  137  death of the wrongfully incarcerated person applicant.
  138         (5) Before the department approves the application for
  139  compensation Chief Financial Officer draws the warrant for the
  140  purchase of the annuity, the wrongfully incarcerated person
  141  claimant must sign a release and waiver on behalf of the
  142  wrongfully incarcerated person claimant and his or her heirs,
  143  successors, and assigns, forever releasing the state or any
  144  agency, instrumentality, or any political subdivision thereof,
  145  or any other entity subject to the provisions of s. 768.28, from
  146  all present or future claims that the wrongfully incarcerated
  147  person claimant or his or her heirs, successors, or assigns may
  148  have against such entities arising out of the facts in
  149  connection with the wrongful conviction for which compensation
  150  is being sought under the act. The release and waiver must be
  151  provided to the department prior to the issuance of the warrant
  152  by the Chief Financial Officer.
  153         Section 4. This act shall take effect July 1, 2014.