Florida Senate - 2022                                    SB 1200
       
       
        
       By Senator Bean
       
       
       
       
       
       4-00905A-22                                           20221200__
    1                        A bill to be entitled                      
    2         An act relating to wrongful convictions; creating s.
    3         925.13, F.S.; authorizing certain prosecuting
    4         attorneys to file a motion to vacate or set aside a
    5         judgment if he or she has evidence or information that
    6         a convicted person is innocent; requiring the court to
    7         schedule a hearing within a specified timeframe upon
    8         the filing of a motion to vacate or set aside a
    9         judgment; requiring the court to appoint counsel for
   10         such convicted person if he or she does not otherwise
   11         have legal counsel and if an evidentiary hearing is
   12         required; providing hearing and court procedures;
   13         authorizing the appeal of a denial of the prosecuting
   14         attorney’s motion to vacate or set aside a judgment by
   15         any party; requiring an order denying relief to
   16         include a certain statement; authorizing any party to
   17         file a motion for rehearing within a specified
   18         timeframe; providing for tolling of a certain time
   19         period; requiring the prosecuting attorney to notify
   20         the victim or the victim’s family of all court dates;
   21         providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 925.13, Florida Statutes, is created to
   26  read:
   27         925.13 Motion to vacate based upon evidence of innocence.—
   28         (1) A prosecuting attorney from the prosecuting agency or
   29  office that sought the original conviction may file a motion to
   30  vacate or set aside the judgment at any time if he or she has
   31  evidence or information that the convicted person is innocent.
   32  The court in which the person was convicted shall have
   33  jurisdiction and authority to hear, consider, and decide the
   34  motion.
   35         (2) Upon the filing of a motion to vacate or set aside the
   36  judgment, the court shall schedule a hearing within 90 days. If
   37  an evidentiary hearing is required, the court must appoint an
   38  attorney to represent the defendant if he or she does not
   39  otherwise have legal counsel. Defense counsel may seek a
   40  reasonable continuance beyond the 90 days if necessary to
   41  adequately prepare for the hearing. The state and defense may
   42  present evidence at the hearing. The court shall issue written
   43  findings of fact that resolve all claims raised in the motion.
   44  The court must grant the motion of the prosecuting attorney to
   45  vacate or set aside the judgment if the court finds there is
   46  clear and convincing evidence of actual innocence.
   47         (3)(a) The denial of the prosecuting attorney’s motion to
   48  vacate or set aside the judgment is a final order, and an appeal
   49  may be taken to the appropriate appellate court by any party.
   50         (b) An order denying relief must include a statement that
   51  an appeal may be taken within 30 days after the order denying
   52  relief is entered.
   53         (c) Any party may file a motion for rehearing within 15
   54  days after service of the order denying relief. The time for
   55  filing an appeal is tolled until an order on the motion for
   56  rehearing has been entered.
   57         (4) The prosecuting attorney shall notify the victim or the
   58  victim’s family of all court dates, who each have the right to
   59  be heard at a hearing to address the motion filed.
   60         Section 2. This act shall take effect July 1, 2022.