Florida Senate - 2023 SB 382
By Senator Bradley
6-00281-23 2023382__
1 A bill to be entitled
2 An act relating to compensation for wrongfully
3 incarcerated persons; amending s. 961.03, F.S.;
4 revising requirements for when a petition seeking
5 compensation for a wrongful incarceration must be
6 filed; providing that a deceased person’s heirs,
7 successors, or assigns do not have standing to file
8 such a petition; amending s. 961.04, F.S.; revising
9 compensation eligibility requirements for a wrongful
10 incarceration; amending s. 961.06, F.S.; revising
11 requirements for awarding compensation for a wrongful
12 incarceration; specifying circumstances under which
13 certain paid sums must be deducted from the total
14 monetary compensation a claimant for wrongful
15 incarceration is entitled to or under which the
16 claimant must reimburse the state; providing
17 requirements for the claimant and the Department of
18 Legal Affairs due to reimbursements; providing
19 requirements upon the Chief Financial Officer;
20 amending s. 961.07, F.S.; revising requirements for
21 continuing appropriations; specifying that certain
22 payments are subject to specific appropriation;
23 providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Paragraph (b) of subsection (1) of section
28 961.03, Florida Statutes, is amended, and paragraph (c) is added
29 to that subsection, to read:
30 961.03 Determination of status as a wrongfully incarcerated
31 person; determination of eligibility for compensation.—
32 (1)
33 (b) The person must file the petition with the court:
34 1. Within 2 years 90 days after the order vacating a
35 conviction and sentence becomes final and the criminal charges
36 against the person are dismissed or the person is retried and
37 acquitted if the person’s conviction and sentence is vacated on
38 or after July 1, 2023 2008.
39 2. By July 1, 2025 2010, if the person’s conviction and
40 sentence was vacated and the criminal charges against the person
41 were dismissed or the person was retried and acquitted on or
42 after January 1, 2006, but before July 1, 2023, and he or she
43 previously filed a petition under this section that was
44 dismissed or he or she did not file a petition under this
45 section because:
46 a. The date on which the criminal charges against the
47 person were dismissed or the date on which the person was
48 acquitted upon retrial occurred more than 90 days after the date
49 on which the final order vacating the conviction and sentence;
50 or
51 b. The person was convicted of an unrelated felony before
52 or during his or her wrongful conviction and incarceration and
53 was ineligible for compensation under s. 961.04 as it existed
54 before July 1, 2023.
55 (c) A deceased person’s heirs, successors, or assigns do
56 not have standing to file a petition on the deceased person’s
57 behalf under this section by an order that became final prior to
58 July 1, 2008.
59 Section 2. Section 961.04, Florida Statutes, is amended to
60 read:
61 961.04 Eligibility for compensation for wrongful
62 incarceration.—A wrongfully incarcerated person is not eligible
63 for compensation under the act for any period of incarceration
64 during which the person was concurrently serving a sentence for
65 a conviction of another crime for which such person was lawfully
66 incarcerated if:
67 (1) Before the person’s wrongful conviction and
68 incarceration, the person was convicted of, or pled guilty or
69 nolo contendere to, regardless of adjudication, any violent
70 felony, or a crime committed in another jurisdiction the
71 elements of which would constitute a violent felony in this
72 state, or a crime committed against the United States which is
73 designated a violent felony, excluding any delinquency
74 disposition;
75 (2) Before the person’s wrongful conviction and
76 incarceration, the person was convicted of, or pled guilty or
77 nolo contendere to, regardless of adjudication, more than one
78 felony that is not a violent felony, or more than one crime
79 committed in another jurisdiction, the elements of which would
80 constitute a felony in this state, or more than one crime
81 committed against the United States which is designated a
82 felony, excluding any delinquency disposition;
83 (3) During the person’s wrongful incarceration, the person
84 was convicted of, or pled guilty or nolo contendere to,
85 regardless of adjudication, any violent felony;
86 (4) During the person’s wrongful incarceration, the person
87 was convicted of, or pled guilty or nolo contendere to,
88 regardless of adjudication, more than one felony that is not a
89 violent felony; or
90 (5) During the person’s wrongful incarceration, the person
91 was also serving a concurrent sentence for another felony for
92 which the person was not wrongfully convicted.
93 Section 3. Section 961.06, Florida Statutes, is amended to
94 read:
95 961.06 Compensation for wrongful incarceration.—
96 (1) Except as otherwise provided in this act and subject to
97 the limitations and procedures prescribed in this section, a
98 person who is found to be entitled to compensation under the
99 provisions of this act is entitled to all of the following:
100 (a) Monetary compensation for wrongful incarceration, which
101 shall be calculated at a rate of $50,000 for each year of
102 wrongful incarceration, prorated as necessary to account for a
103 portion of a year. For persons found to be wrongfully
104 incarcerated after December 31, 2005 2008, the Chief Financial
105 Officer may adjust the annual rate of compensation for inflation
106 using the change in the December-to-December “Consumer Price
107 Index for All Urban Consumers” of the Bureau of Labor Statistics
108 of the Department of Labor.;
109 (b) A waiver of tuition and fees for up to 120 hours of
110 instruction at any career center established under s. 1001.44,
111 any Florida College System institution as defined in s.
112 1000.21(3), or any state university as defined in s. 1000.21(6),
113 if the wrongfully incarcerated person meets and maintains the
114 regular admission requirements of such career center, Florida
115 College System institution, or state university; remains
116 registered at such educational institution; and makes
117 satisfactory academic progress as defined by the educational
118 institution in which the claimant is enrolled.;
119 (c) The amount of any fine, penalty, or court costs imposed
120 and paid by the wrongfully incarcerated person.;
121 (d) The amount of any reasonable attorney attorney’s fees
122 and expenses incurred and paid by the wrongfully incarcerated
123 person in connection with all criminal proceedings and appeals
124 regarding the wrongful conviction, to be calculated by the
125 department based upon the supporting documentation submitted as
126 specified in s. 961.05.; and
127 (e) Notwithstanding any provision to the contrary in s.
128 943.0583 or s. 943.0585, immediate administrative expunction of
129 the person’s criminal record resulting from his or her wrongful
130 arrest, wrongful conviction, and wrongful incarceration. The
131 Department of Legal Affairs and the Department of Law
132 Enforcement shall, upon a determination that a claimant is
133 entitled to compensation, immediately take all action necessary
134 to administratively expunge the claimant’s criminal record
135 arising from his or her wrongful arrest, wrongful conviction,
136 and wrongful incarceration. All fees for this process shall be
137 waived.
138
139 The total compensation awarded under paragraphs (a), (c), and
140 (d) may not exceed $2 million. No further award for attorney
141 attorney’s fees, lobbying fees, costs, or other similar expenses
142 shall be made by the state.
143 (2) In calculating monetary compensation under paragraph
144 (1)(a), a wrongfully incarcerated person who is placed on parole
145 or community supervision while serving the sentence resulting
146 from the wrongful conviction and who commits no more than one
147 felony that is not a violent felony which results in revocation
148 of the parole or community supervision is eligible for
149 compensation for the total number of years incarcerated. A
150 wrongfully incarcerated person who commits one violent felony or
151 more than one felony that is not a violent felony that results
152 in revocation of the parole or community supervision is
153 ineligible for any compensation under subsection (1).
154 (2)(3) Except as provided in subsection (9), within 15
155 calendar days after issuing notice to the claimant that his or
156 her claim satisfies all of the requirements under this act, the
157 department shall notify the Chief Financial Officer to draw a
158 warrant from the General Revenue Fund or another source
159 designated by the Legislature in law for the purchase of an
160 annuity for the claimant based on the total amount determined by
161 the department under this act.
162 (3)(4) The Chief Financial Officer shall issue payment in
163 the amount determined by the department to an insurance company
164 or other financial institution admitted and authorized to issue
165 annuity contracts in this state to purchase an annuity or
166 annuities, selected by the wrongfully incarcerated person, for a
167 term of not less than 10 years. The Chief Financial Officer is
168 directed to execute all necessary agreements to implement this
169 act and to maximize the benefit to the wrongfully incarcerated
170 person. The terms of the annuity or annuities shall:
171 (a) Provide that the annuity or annuities may not be sold,
172 discounted, or used as security for a loan or mortgage by the
173 wrongfully incarcerated person.
174 (b) Contain beneficiary provisions for the continued
175 disbursement of the annuity or annuities in the event of the
176 death of the wrongfully incarcerated person.
177 (4)(5) If, when monetary compensation is determined under
178 paragraph (1)(a), a court has previously entered a monetary
179 judgment in favor of the claimant in a civil action related to
180 the claimant’s wrongful incarceration, or the claimant has
181 entered into a settlement agreement with the state or any
182 political subdivision thereof related to the claimant’s wrongful
183 incarceration, the amount of the damages in the civil action or
184 settlement agreement, less any sums paid for attorney fees or
185 costs incurred in litigating the civil action or obtaining the
186 settlement agreement, shall be deducted from the total monetary
187 compensation to which the claimant is entitled under this
188 section Before the department approves the application for
189 compensation, the wrongfully incarcerated person must sign a
190 release and waiver on behalf of the wrongfully incarcerated
191 person and his or her heirs, successors, and assigns, forever
192 releasing the state or any agency, instrumentality, or any
193 political subdivision thereof, or any other entity subject to s.
194 768.28, from all present or future claims that the wrongfully
195 incarcerated person or his or her heirs, successors, or assigns
196 may have against such entities arising out of the facts in
197 connection with the wrongful conviction for which compensation
198 is being sought under the act.
199 (5)(a) If subsection (4) does not apply and if, after
200 monetary compensation is determined under paragraph (1)(a):
201 1. The court enters a monetary judgment in favor of the
202 claimant in a civil action related to the claimant’s wrongful
203 incarceration; or
204 2. The claimant enters into a settlement agreement with the
205 state or any political subdivision thereof related to the
206 claimant’s wrongful incarceration,
207
208 the claimant shall reimburse the state for the monetary
209 compensation paid under paragraph (1)(a), less any sums paid for
210 attorney fees or costs incurred in litigating the civil action
211 or obtaining the settlement agreement.
212 (b) A reimbursement required under this subsection may not
213 exceed the amount of the monetary award the claimant received
214 for damages in a civil action or settlement agreement.
215 (c) In the order of judgment, the court shall award to the
216 state any amount required to be deducted under this subsection.
217 (6)(a) The claimant shall notify the department upon filing
218 a civil action against the state or any political subdivision
219 thereof in which the claimant is seeking monetary damages
220 related to the claimant’s wrongful incarceration for which he or
221 she previously received or is applying to receive compensation
222 under paragraph (1)(a).
223 (b) Upon notice of the claimant’s civil action, the
224 department shall file in the case a notice of payment of
225 monetary compensation to the claimant under paragraph (1)(a).
226 The notice shall constitute a lien upon any monetary judgment or
227 settlement recovered under the civil action which is equal to
228 the sum of monetary compensation paid to the claimant under
229 paragraph (1)(a), less any attorney fees and costs incurred in
230 litigating the civil action or obtaining the settlement
231 agreement A wrongfully incarcerated person may not submit an
232 application for compensation under this act if the person has a
233 lawsuit pending against the state or any agency,
234 instrumentality, or any political subdivision thereof, or any
235 other entity subject to the provisions of s. 768.28, in state or
236 federal court requesting compensation arising out of the facts
237 in connection with the claimant’s conviction and incarceration.
238 (7)(a)(b) A wrongfully incarcerated person may not submit
239 an application for compensation under this act if the person is
240 the subject of a claim bill pending for claims arising out of
241 the facts in connection with the claimant’s conviction and
242 incarceration.
243 (b)(c) Once an application is filed under this act, a
244 wrongfully incarcerated person may not pursue recovery under a
245 claim bill until the final disposition of the application.
246 (c)(d) Any amount awarded under this act is intended to
247 provide the sole compensation for any and all present and future
248 claims arising out of the facts in connection with the
249 claimant’s conviction and incarceration. Upon notification by
250 the department that an application meets the requirements of
251 this act, a wrongfully incarcerated person may not recover under
252 a claim bill.
253 (d)(e) Any compensation awarded under a claim bill shall be
254 the sole redress for claims arising out of the facts in
255 connection with the claimant’s conviction and incarceration and,
256 upon any award of compensation to a wrongfully incarcerated
257 person under a claim bill, the person may not receive
258 compensation under this act.
259 (8)(7) Any payment made under this act does not constitute
260 a waiver of any defense of sovereign immunity or an increase in
261 the limits of liability on behalf of the state or any person
262 subject to the provisions of s. 768.28 or any other law.
263 (9)(a) The Chief Financial Officer may not draw a warrant
264 to purchase an annuity for a claimant who is currently
265 incarcerated:
266 1. In a county, city, or federal jail or other correctional
267 facility or an institution operated by the Department of
268 Corrections for a felony conviction other than a crime for which
269 the claimant was wrongfully convicted; or
270 2. Due to the revocation of parole or probation for a
271 felony conviction other than a crime for which the claimant was
272 wrongfully convicted.
273 (b) After a term of imprisonment described in subparagraph
274 (a)1. or subparagraph (a)2. has concluded, the Chief Financial
275 Officer shall commence with the drawing of a warrant as
276 described in this section.
277 Section 4. Section 961.07, Florida Statutes, is amended to
278 read:
279 961.07 Continuing appropriation.—
280 (1) Beginning in the 2023-2024 2008-2009 fiscal year and
281 continuing each fiscal year thereafter, a sum sufficient to pay
282 the approved payments under s. 961.03(1)(b)1. this act is
283 appropriated from the General Revenue Fund to the Chief
284 Financial Officer, which sum is further appropriated for
285 expenditure pursuant to the provisions of this act.
286 (2) Payments for petitions filed pursuant to s.
287 961.03(1)(b)2. are subject to specific appropriation.
288 Section 5. This act shall take effect July 1, 2023.