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.
   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,
   72  Be It Enacted by the Legislature of the State of Florida:
   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.