Florida Senate - 2015 (NP) SB 46 By Senator Grimsley 21-00055-15 201546__ 1 A bill to be entitled 2 An act for the relief of Clinton Treadway; providing 3 an appropriation and certain benefits to compensate 4 Clinton Treadway for being wrongfully incarcerated for 5 7 years and 25 days; directing the Chief Financial 6 Officer to draw a warrant for the purchase of an 7 annuity; providing conditions for the purchase of the 8 annuity; requiring the Department of Legal Affairs and 9 the Department of Law Enforcement to immediately 10 expunge Clinton Treadway’s criminal record arising 11 from his wrongful incarceration; waiving all fees 12 related to the expunction of his criminal record; 13 providing that the act does not waive certain defenses 14 or increase the state’s liability; providing that 15 certain benefits and the appropriation satisfies all 16 present and future claims related to the wrongful 17 incarceration of Clinton Treadway; providing a 18 limitation on the payment of fees and costs; providing 19 that unused compensation provided under the act shall 20 be revoked upon any future finding that Clinton 21 Treadway is not innocent of the alleged crimes for 22 which he was wrongfully incarcerated; providing that 23 such unused compensation shall revert to the General 24 Revenue Fund; providing an effective date. 25 26 WHEREAS, Clinton Treadway was arrested on June 11, 2005, 27 and convicted on February 6, 2006, of four counts of uttering a 28 forged instrument and four counts of grand theft, and 29 WHEREAS, Clinton Treadway has always maintained his 30 innocence of the offenses, and 31 WHEREAS, based on new evidence in the case, the Office of 32 the State Attorney in the 10th Judicial Circuit determined with 33 certainty that Clinton Treadway did not participate in the 34 offenses for which he was convicted, and 35 WHEREAS, on July 3, 2012, the Circuit Court in the 10th 36 Judicial Circuit granted a motion for postconviction relief, 37 vacated the judgment and sentence of Clinton Treadway as entered 38 on February 6, 2006, and ordered a new trial, and 39 WHEREAS, the state filed a nolle prosequi as related to the 40 retrial on July 3, 2012, and Clinton Treadway was released from 41 physical confinement on July 5, 2012, and 42 WHEREAS, the Legislature acknowledges that the state’s 43 system of justice yielded an imperfect result that had tragic 44 consequences in this case, and 45 WHEREAS, as a result of his physical confinement and the 46 deprivation of the exercise of freedom to which all innocent 47 citizens are entitled, Clinton Treadway suffered significant 48 damages that are unique to him, and 49 WHEREAS, before his wrongful conviction for the 50 aforementioned offenses, Clinton Treadway pled guilty to 51 unrelated felonies, and 52 WHEREAS, because of his prior felony convictions, Clinton 53 Treadway is ineligible for compensation under chapter 961, 54 Florida Statutes, and 55 WHEREAS, the Legislature is providing compensation to 56 Clinton Treadway to acknowledge the fact that he suffered 57 significant damages that are unique to him, and 58 WHEREAS, the compensation provided by this act is the sole 59 compensation from the state for any and all present and future 60 claims arising in connection with Clinton Treadway’s wrongful 61 arrest, wrongful conviction, and wrongful incarceration, and 62 WHEREAS, Clinton Treadway may not seek future compensation 63 from the state or any agency, instrumentality, or political 64 subdivision thereof, or any other entity subject to s. 768.28, 65 Florida Statutes, in state or federal court, for any and all 66 present or future claims arising out of the facts in connection 67 with his wrongful arrest, wrongful conviction, and wrongful 68 incarceration, and 69 WHEREAS, the Legislature apologizes to Clinton Treadway on 70 behalf of the state, NOW, THEREFORE, 71 72 Be It Enacted by the Legislature of the State of Florida: 73 74 Section 1. The facts stated in the preamble to this act are 75 found and declared to be true. 76 Section 2. The sum of $350,000 is appropriated from the 77 General Revenue Fund to the Department of Financial Services for 78 the relief of Clinton Treadway for the injuries and damages he 79 sustained. 80 Section 3. The Chief Financial Officer is directed to draw 81 a warrant in the sum of $350,000 upon the funds of the 82 Department of Financial Services in the State Treasury, and to 83 pay the same out of such funds in the State Treasury to an 84 insurance company or other financial institution admitted and 85 authorized to issue annuity contracts in this state and selected 86 by Clinton Treadway, to purchase an annuity or annuities on 87 behalf of Clinton Treadway for a term of not less than 10 years. 88 The terms of the annuity or annuities must provide that the 89 annuity or annuities may not be sold, discounted, or used as 90 security for a loan or mortgage by Clinton Treadway and must 91 contain beneficiary provisions for the continued disbursement of 92 the annuity or annuities in the event of the death of Clinton 93 Treadway. The Chief Financial Officer is directed to execute all 94 necessary agreements to implement this section and to maximize 95 the benefit of the annuity or annuities to Clinton Treadway. 96 Section 4. The Chief Financial Officer shall purchase the 97 annuity required by this act upon delivery by Clinton Treadway 98 to the Chief Financial Officer, the Department of Financial 99 Services, the President of the Senate, and the Speaker of the 100 House of Representatives of a release executed by Clinton 101 Treadway for himself and on behalf of his heirs, successors, and 102 assigns, fully and forever releasing and discharging the State 103 of Florida, and its agencies and subdivisions, as defined in s. 104 768.28(2), Florida Statutes, from any and all present or future 105 claims or declaratory relief that Clinton Treadway or any of his 106 heirs, successors, or assigns may have against the State of 107 Florida, and its agencies and subdivisions, as defined in s. 108 768.28(2), Florida Statutes, arising out of the factual 109 situation in connection with the wrongful arrest, wrongful 110 conviction, and wrongful incarceration for which compensation is 111 awarded under this act. Without limitation of the foregoing, the 112 release shall specifically release and discharge the Sheriff of 113 Polk County, Florida, in his official capacity, and any current 114 or former sheriffs, deputies, agents, or employees of the 115 Sheriff of Polk County, in their individual capacities, from all 116 claims, causes of action, demands, rights, and claims for 117 attorney fees or costs, of whatever kind or nature, whether in 118 law or equity, including, but not limited to, any claims 119 pursuant to 42 U.S.C. s. 1983, which Clinton Treadway had, has, 120 or might hereinafter have or claim to have, whether known or 121 unknown, against the Sheriff of Polk County, Florida, and his 122 assigns, successors in interest, predecessors in interest, 123 heirs, employees, agents, servants, officers, directors, 124 deputies, insurers, reinsurers, and excess insurers, in their 125 official and individual capacities, which arise out of, are 126 associated with, or are a cause of, the wrongful arrest, 127 wrongful conviction, and wrongful incarceration for which 128 compensation is awarded under this act, including any known or 129 unknown loss, injury, or damage related to or caused by the same 130 and which may arise in the future. 131 Section 5. Notwithstanding Section 4, this act does not 132 prohibit Clinton Treadway from seeking declaratory action to 133 obtain judicial expunction of his criminal record as related to 134 the arrest and conviction of uttering a forged instrument and 135 grand theft within a judicial or executive branch agency as 136 otherwise provided by law. The Department of Legal Affairs and 137 the Department of Law Enforcement shall immediately take all 138 action necessary to administratively expunge Clinton Treadway’s 139 criminal record arising from his wrongful arrest, wrongful 140 conviction, and wrongful incarceration. All fees related to the 141 expunction process are waived. 142 Section 6. Tuition and fees for Clinton Treadway shall be 143 waived for up to a total of 120 hours of instruction at any 144 career center established under s. 1001.44, Florida Statutes, 145 any Florida College System institution as defined in s. 146 1000.21(3), Florida Statutes, or any state university as defined 147 in s. 1000.21(6), Florida Statutes, if Clinton Treadway meets 148 and maintains the regular admissions requirements of such career 149 center, Florida College System institution, or state university; 150 remains registered at such educational institution; and makes 151 satisfactory academic progress as defined by the educational 152 institution in which he is enrolled. 153 Section 7. The Legislature, by this act, does not waive any 154 defense of sovereign immunity or increase the limits of 155 liability on behalf of the state or any person or entity that is 156 subject to s. 768.28, Florida Statutes, or any other law. 157 Section 8. This award is intended to provide the sole 158 compensation for any and all present and future claims arising 159 out of the factual situation in connection with Clinton 160 Treadway’s wrongful arrest, wrongful conviction, and wrongful 161 incarceration. There shall be no further award to include 162 attorney fees, lobbying fees, costs, or other similar expenses 163 to Clinton Treadway by the state or any agency, instrumentality, 164 or political subdivision thereof, or any other entity, including 165 any county constitutional office, officer, or employee, in state 166 or federal court. 167 Section 9. If a future factual finding determines, by DNA 168 evidence or otherwise, that Clinton Treadway participated in any 169 manner related to the four counts of uttering a forged 170 instrument or four counts of grand theft, the unused benefits 171 awarded to Clinton Treadway under this act, including any 172 disbursements remaining under an annuity purchased on his 173 behalf, shall be immediately revoked and all remaining sums 174 shall revert to the General Revenue Fund. 175 Section 10. This act shall take effect upon becoming a law.