Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 382
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/06/2023           .                                
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       The Committee on Criminal Justice (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) of section 961.02, Florida
    6  Statutes, is amended to read:
    7         961.02 Definitions.—As used in ss. 961.01-961.07, the term:
    8         (6)“Violent felony” means a felony listed in s.
    9  775.084(1)(c)1. or s. 948.06(8)(c).
   10         Section 2. Paragraph (b) of subsection (1) of section
   11  961.03, Florida Statutes, is amended, and paragraph (c) is added
   12  to that subsection, to read:
   13         961.03 Determination of status as a wrongfully incarcerated
   14  person; determination of eligibility for compensation.—
   15         (1)
   16         (b) The person must file the petition with the court:
   17         1. Within 2 years 90 days after the order vacating a
   18  conviction and sentence becomes final and the criminal charges
   19  against the person are dismissed or the person is retried and
   20  acquitted if the person’s conviction and sentence is vacated on
   21  or after July 1, 2023 2008.
   22         2. By July 1, 2025 2010, if the person’s conviction and
   23  sentence was vacated and the criminal charges against the person
   24  were dismissed or the person was retried and acquitted on or
   25  after January 1, 2006, but before July 1, 2023, and he or she
   26  previously filed a petition under this section that was
   27  dismissed or he or she did not file a petition under this
   28  section because:
   29         a.The date on which the criminal charges against the
   30  person were dismissed or the date on which the person was
   31  acquitted upon retrial occurred more than 90 days after the date
   32  of the final order vacating the conviction and sentence; or
   33         b.The person was convicted of an unrelated felony before
   34  or during his or her wrongful conviction and incarceration and
   35  was ineligible for compensation under s. 961.04 as it existed
   36  before July 1, 2023.
   37         (c)A deceased person’s heirs, successors, or assigns do
   38  not have standing to file a petition on the deceased person’s
   39  behalf under this section by an order that became final prior to
   40  July 1, 2008.
   41         Section 3. Section 961.04, Florida Statutes, is amended to
   42  read:
   43         961.04 Eligibility for compensation for wrongful
   44  incarceration.—A wrongfully incarcerated person is not eligible
   45  for compensation under the act for any period of incarceration
   46  during which the person was concurrently serving a sentence for
   47  a conviction of another felony for which such person was
   48  lawfully incarcerated if:
   49         (1)Before the person’s wrongful conviction and
   50  incarceration, the person was convicted of, or pled guilty or
   51  nolo contendere to, regardless of adjudication, any violent
   52  felony, or a crime committed in another jurisdiction the
   53  elements of which would constitute a violent felony in this
   54  state, or a crime committed against the United States which is
   55  designated a violent felony, excluding any delinquency
   56  disposition;
   57         (2)Before the person’s wrongful conviction and
   58  incarceration, the person was convicted of, or pled guilty or
   59  nolo contendere to, regardless of adjudication, more than one
   60  felony that is not a violent felony, or more than one crime
   61  committed in another jurisdiction, the elements of which would
   62  constitute a felony in this state, or more than one crime
   63  committed against the United States which is designated a
   64  felony, excluding any delinquency disposition;
   65         (3)During the person’s wrongful incarceration, the person
   66  was convicted of, or pled guilty or nolo contendere to,
   67  regardless of adjudication, any violent felony;
   68         (4)During the person’s wrongful incarceration, the person
   69  was convicted of, or pled guilty or nolo contendere to,
   70  regardless of adjudication, more than one felony that is not a
   71  violent felony; or
   72         (5)During the person’s wrongful incarceration, the person
   73  was also serving a concurrent sentence for another felony for
   74  which the person was not wrongfully convicted.
   75         Section 4. Section 961.06, Florida Statutes, is amended to
   76  read:
   77         961.06 Compensation for wrongful incarceration.—
   78         (1) Except as otherwise provided in this act and subject to
   79  the limitations and procedures prescribed in this section, a
   80  person who is found to be entitled to compensation under the
   81  provisions of this act is entitled to all of the following:
   82         (a) Monetary compensation for wrongful incarceration, which
   83  shall be calculated at a rate of $50,000 for each year of
   84  wrongful incarceration, prorated as necessary to account for a
   85  portion of a year. For persons found to be wrongfully
   86  incarcerated after December 31, 2005 2008, the Chief Financial
   87  Officer may adjust the annual rate of compensation for inflation
   88  using the change in the December-to-December “Consumer Price
   89  Index for All Urban Consumers” of the Bureau of Labor Statistics
   90  of the Department of Labor.;
   91         (b) A waiver of tuition and fees for up to 120 hours of
   92  instruction at any career center established under s. 1001.44,
   93  any Florida College System institution as defined in s.
   94  1000.21(3), or any state university as defined in s. 1000.21(6),
   95  if the wrongfully incarcerated person meets and maintains the
   96  regular admission requirements of such career center, Florida
   97  College System institution, or state university; remains
   98  registered at such educational institution; and makes
   99  satisfactory academic progress as defined by the educational
  100  institution in which the claimant is enrolled.;
  101         (c) The amount of any fine, penalty, or court costs imposed
  102  and paid by the wrongfully incarcerated person.;
  103         (d) The amount of any reasonable attorney attorney’s fees
  104  and expenses incurred and paid by the wrongfully incarcerated
  105  person in connection with all criminal proceedings and appeals
  106  regarding the wrongful conviction, to be calculated by the
  107  department based upon the supporting documentation submitted as
  108  specified in s. 961.05.;and
  109         (e) Notwithstanding any provision to the contrary in s.
  110  943.0583 or s. 943.0585, immediate administrative expunction of
  111  the person’s criminal record resulting from his or her wrongful
  112  arrest, wrongful conviction, and wrongful incarceration. The
  113  Department of Legal Affairs and the Department of Law
  114  Enforcement shall, upon a determination that a claimant is
  115  entitled to compensation, immediately take all action necessary
  116  to administratively expunge the claimant’s criminal record
  117  arising from his or her wrongful arrest, wrongful conviction,
  118  and wrongful incarceration. All fees for this process shall be
  119  waived.
  120  
  121  The total compensation awarded under paragraphs (a), (c), and
  122  (d) may not exceed $2 million. No further award for attorney
  123  attorney’s fees, lobbying fees, costs, or other similar expenses
  124  shall be made by the state.
  125         (2)In calculating monetary compensation under paragraph
  126  (1)(a), a wrongfully incarcerated person who is placed on parole
  127  or community supervision while serving the sentence resulting
  128  from the wrongful conviction and who commits no more than one
  129  felony that is not a violent felony which results in revocation
  130  of the parole or community supervision is eligible for
  131  compensation for the total number of years incarcerated. A
  132  wrongfully incarcerated person who commits one violent felony or
  133  more than one felony that is not a violent felony that results
  134  in revocation of the parole or community supervision is
  135  ineligible for any compensation under subsection (1).
  136         (2)(3)Except as provided in subsection (4), within 15
  137  calendar days after issuing notice to the claimant that his or
  138  her claim satisfies all of the requirements under this act, the
  139  department shall notify the Chief Financial Officer to draw a
  140  warrant from the General Revenue Fund or another source
  141  designated by the Legislature in law for the purchase of an
  142  annuity for the claimant based on the total amount determined by
  143  the department under this act.
  144         (3)(4) The Chief Financial Officer shall issue payment in
  145  the amount determined by the department to an insurance company
  146  or other financial institution admitted and authorized to issue
  147  annuity contracts in this state to purchase an annuity or
  148  annuities, selected by the wrongfully incarcerated person, for a
  149  term of not less than 10 years. The Chief Financial Officer is
  150  directed to execute all necessary agreements to implement this
  151  act and to maximize the benefit to the wrongfully incarcerated
  152  person. The terms of the annuity or annuities shall:
  153         (a) Provide that the annuity or annuities may not be sold,
  154  discounted, or used as security for a loan or mortgage by the
  155  wrongfully incarcerated person.
  156         (b) Contain beneficiary provisions for the continued
  157  disbursement of the annuity or annuities in the event of the
  158  death of the wrongfully incarcerated person.
  159         (4)(a)The Chief Financial Officer may not draw a warrant
  160  to purchase an annuity for a claimant who is currently
  161  incarcerated:
  162         1.In a county, city, or federal jail or other correctional
  163  facility or an institution operated by the Department of
  164  Corrections for a felony conviction other than a crime for which
  165  the claimant was wrongfully convicted; or
  166         2.Due to the revocation of parole or probation for a
  167  felony conviction other than a crime for which the claimant was
  168  wrongfully convicted.
  169         (b)After a term of incarceration described in subparagraph
  170  (a)1. or subparagraph (a)2. has concluded, the Chief Financial
  171  Officer shall commence with the drawing of a warrant as
  172  described in this section.
  173         (5) Before the department approves the application for
  174  compensation, the wrongfully incarcerated person must sign a
  175  release and waiver on behalf of the wrongfully incarcerated
  176  person and his or her heirs, successors, and assigns, forever
  177  releasing the state or any agency, instrumentality, or any
  178  political subdivision thereof, or any other entity subject to s.
  179  768.28, from all present or future claims that the wrongfully
  180  incarcerated person or his or her heirs, successors, or assigns
  181  may have against such entities arising out of the facts in
  182  connection with the wrongful conviction for which compensation
  183  is being sought under the act.
  184         (6)(a) A wrongfully incarcerated person may not submit an
  185  application for compensation under this act if the person has a
  186  lawsuit pending against the state or any agency,
  187  instrumentality, or any political subdivision thereof, or any
  188  other entity subject to the provisions of s. 768.28, in state or
  189  federal court requesting compensation arising out of the facts
  190  in connection with the claimant’s conviction and incarceration.
  191         (b) A wrongfully incarcerated person may not submit an
  192  application for compensation under this act if the person is the
  193  subject of a claim bill pending for claims arising out of the
  194  facts in connection with the claimant’s conviction and
  195  incarceration.
  196         (c) Once an application is filed under this act, a
  197  wrongfully incarcerated person may not pursue recovery under a
  198  claim bill until the final disposition of the application.
  199         (d) Any amount awarded under this act is intended to
  200  provide the sole compensation for any and all present and future
  201  claims arising out of the facts in connection with the
  202  claimant’s conviction and incarceration. Upon notification by
  203  the department that an application meets the requirements of
  204  this act, a wrongfully incarcerated person may not recover under
  205  a claim bill.
  206         (e) Any compensation awarded under a claim bill shall be
  207  the sole redress for claims arising out of the facts in
  208  connection with the claimant’s conviction and incarceration and,
  209  upon any award of compensation to a wrongfully incarcerated
  210  person under a claim bill, the person may not receive
  211  compensation under this act.
  212         (7) Any payment made under this act does not constitute a
  213  waiver of any defense of sovereign immunity or an increase in
  214  the limits of liability on behalf of the state or any person
  215  subject to the provisions of s. 768.28 or any other law.
  216         Section 5. Section 961.07, Florida Statutes, is amended to
  217  read:
  218         961.07 Continuing appropriation.—Beginning in the 2023-2024
  219  2008-2009 fiscal year and continuing each fiscal year
  220  thereafter, a sum sufficient to pay the approved payments under
  221  s. 961.03(1)(b) this act is appropriated from the General
  222  Revenue Fund to the Chief Financial Officer, which sum is
  223  further appropriated for expenditure pursuant to the provisions
  224  of this act.
  225         Section 6. This act shall take effect July 1, 2023.
  226  
  227  ================= T I T L E  A M E N D M E N T ================
  228  And the title is amended as follows:
  229         Delete everything before the enacting clause
  230  and insert:
  231                        A bill to be entitled                      
  232         An act relating to compensation for wrongfully
  233         incarcerated persons; amending s. 961.02, F.S.;
  234         deleting an obsolete definition; amending s. 961.03,
  235         F.S.; revising requirements for when a petition
  236         seeking compensation must be filed; providing that a
  237         deceased person’s heirs, successors, or assigns do not
  238         have standing to file such a petition; amending s.
  239         961.04, F.S.; revising compensation eligibility
  240         requirements; amending s. 961.06, F.S.; revising
  241         requirements for awarding compensation; amending s.
  242         961.07, F.S.; revising requirements for continuing
  243         appropriations; providing an effective date.