Bill Text: FL S0382 | 2023 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Compensation for Wrongfully Incarcerated Persons

Spectrum: Bipartisan Bill

Status: (Failed) 2023-05-05 - Died in Messages [S0382 Detail]

Download: Florida-2023-S0382-Introduced.html

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       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.