Florida Senate - 2024 SB 284 By Senator Bradley 6-00187-24 2024284__ Page 1 of 9 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to compensation for wrongfully 2 incarcerated persons; amending s. 961.02, F.S.; 3 deleting an obsolete definition; amending s. 961.03, 4 F.S.; revising requirements for when a petition 5 seeking compensation must be filed; providing that a 6 deceased person’s heirs, successors, or assigns do not 7 have standing to file such a petition; amending s. 8 961.04, F.S.; revising compensation eligibility 9 requirements; amending s. 961.06, F.S.; revising 10 requirements for awarding compensation; amending s. 11 961.07, F.S.; revising requirements for continuing 12 appropriations; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16

Section 1. Subsection (6) of

section 961.02, Florida 17 Statutes, is amended to read: 18 961.02

Definitions.—As used in ss. 961.01-961.07, the term: 19 (6) “Violent felony” means a felony listed in s. 20 775.084(1)(c)1. or s. 948.06(8)(c). 21

Section 2. Paragraph (

b) of subsection (1) of

section 22 961.03, Florida Statutes, is amended, and paragraph (

c) is added 23 to that subsection, to read: 24 961.03 Determination of status as a wrongfully incarcerated 25 person; determination of eligibility for compensation.— 26 (1) 27 (

b) The person must file the petition with the court: 28 1. Within 2 years 90 days after the order vacating a 29

Florida Senate - 2024 SB 284 6-00187-24 2024284__ Page 2 of 9 CODING: Words stricken are deletions; words underlined are additions. conviction and sentence becomes final and the criminal charges 30 against the person are dismissed or the person is retried and 31 acquitted if the person’s conviction and sentence is vacated on 32 or after July 1, 2024 2008. 33 2. By July 1, 2026 2010, if the person’s conviction and 34 sentence was vacated and the criminal charges against the person 35 were dismissed or the person was retried and acquitted on or 36 after January 1, 2006, but before July 1, 2024, and he or she 37 previously filed a petition under this

section that was 38 dismissed or he or she did not file a petition under this 39

section because: 40 a. The date on which the criminal charges against the 41 person were dismissed or the date on which the person was 42 acquitted upon retrial occurred more than 90 days after the date 43 of the final order vacating the conviction and sentence; or 44 b. The person was convicted of an unrelated felony before 45 or during his or her wrongful conviction and incarceration and 46 was ineligible for compensation under s. 961.04 as it existed 47 before July 1, 2024. 48 (

c) A deceased person’s heirs, successors, or assigns do 49 not have standing to file a petition on the deceased person’s 50 behalf under this

section by an order that became final prior to 51 July 1, 2008. 52

Section

Section 961.04, Florida Statutes, is amended to 53 read: 54 961.04 Eligibility for compensation for wrongful 55 incarceration.—A wrongfully incarcerated person is not eligible 56 for compensation under the act for any period of incarceration 57 during which the person was concurrently serving a sentence for 58

Florida Senate - 2024 SB 284 6-00187-24 2024284__ Page 3 of 9 CODING: Words stricken are deletions; words underlined are additions. a conviction of another felony for which such person was 59 lawfully incarcerated if: 60

(1) Before the person’s wrongful conviction and 61 incarceration, the person was convicted of, or pled guilty or 62 nolo contendere to, regardless of adjudication, any violent 63 felony, or a crime committed in another jurisdiction the 64 elements of which would constitute a violent felony in this 65 state, or a crime committed against the United States which is 66 designated a violent felony, excluding any delinquency 67 disposition; 68

(2) Before the person’s wrongful conviction and 69 incarceration, the person was convicted of, or pled guilty or 70 nolo contendere to, regardless of adjudication, more than one 71 felony that is not a violent felony, or more than one crime 72 committed in another jurisdiction, the elements of which would 73 constitute a felony in this state, or more than one crime 74 committed against the United States which is designated a 75 felony, excluding any delinquency disposition; 76

(3) During the person’s wrongful incarceration, the person 77 was convicted of, or pled guilty or nolo contendere to, 78 regardless of adjudication, any violent felony; 79

(4) During the person’s wrongful incarceration, the person 80 was convicted of, or pled guilty or nolo contendere to, 81 regardless of adjudication, more than one felony that is not a 82 violent felony; or 83

(5) During the person’s wrongful incarceration, the person 84 was also serving a concurrent sentence for another felony for 85 which the person was not wrongfully convicted. 86

Section

Section 961.06, Florida Statutes, is amended to 87

Florida Senate - 2024 SB 284 6-00187-24 2024284__ Page 4 of 9 CODING: Words stricken are deletions; words underlined are additions. read: 88 961.06 Compensation for wrongful incarceration.— 89

(1) Except as otherwise provided in this act and subject to 90 the limitations and procedures prescribed in this section, a 91 person who is found to be entitled to compensation under the 92 provisions of this act is entitled to all of the following: 93 (

a) Monetary compensation for wrongful incarceration, which 94 shall be calculated at a rate of $50,000 for each year of 95 wrongful incarceration, prorated as necessary to account for a 96 portion of a year. For persons found to be wrongfully 97 incarcerated after December 31, 2005 2008, the Chief Financial 98 Officer may adjust the annual rate of compensation for inflation 99 using the change in the December-to-December “Consumer Price 100 Index for All Urban Consumers” of the Bureau of Labor Statistics 101 of the Department of Labor.; 102 (

b) A waiver of tuition and fees for up to 120 hours of 103 instruction at any career center established under s. 1001.44, 104 any Florida College System institution as defined in s. 105 1000.21(5), or any state university as defined in s. 1000.21(8), 106 if the wrongfully incarcerated person meets and maintains the 107 regular admission requirements of such career center, Florida 108 College System institution, or state university; remains 109 registered at such educational institution; and makes 110 satisfactory academic progress as defined by the educational 111 institution in which the claimant is enrolled.; 112 (

c) The amount of any fine, penalty, or court costs imposed 113 and paid by the wrongfully incarcerated person.; 114 (

d) The amount of any reasonable attorney attorney’s fees 115 and expenses incurred and paid by the wrongfully incarcerated 116

Florida Senate - 2024 SB 284 6-00187-24 2024284__ Page 5 of 9 CODING: Words stricken are deletions; words underlined are additions. person in connection with all criminal proceedings and appeals 117 regarding the wrongful conviction, to be calculated by the 118 department based upon the supporting documentation submitted as 119 specified in s. 961.05.; and 120 (

e) Notwithstanding any provision to the contrary in s. 121 943.0583 or s. 943.0585, immediate administrative expunction of 122 the person’s criminal record resulting from his or her wrongful 123 arrest, wrongful conviction, and wrongful incarceration. The 124 Department of Legal Affairs and the Department of Law 125 Enforcement shall, upon a determination that a claimant is 126 entitled to compensation, immediately take all action necessary 127 to administratively expunge the claimant’s criminal record 128 arising from his or her wrongful arrest, wrongful conviction, 129 and wrongful incarceration.

All fees for this process shall be 130 waived. 131 132 The total compensation awarded under paragraphs (a), (c), and 133 (

d) may not exceed $2 million. No further award for attorney 134 attorney’s fees, lobbying fees, costs, or other similar expenses 135 shall be made by the state. 136

(2) In calculating monetary compensation under paragraph 137 (1)(a), a wrongfully incarcerated person who is placed on parole 138 or community supervision while serving the sentence resulting 139 from the wrongful conviction and who commits no more than one 140 felony that is not a violent felony which results in revocation 141 of the parole or community supervision is eligible for 142 compensation for the total number of years incarcerated. A 143 wrongfully incarcerated person who commits one violent felony or 144 more than one felony that is not a violent felony that results 145

Florida Senate - 2024 SB 284 6-00187-24 2024284__ Page 6 of 9 CODING: Words stricken are deletions; words underlined are additions. in revocation of the parole or community supervision is 146 ineligible for any compensation under subsection (1). 147 (2)

(3) Except as provided in subsection (4), within 15 148 calendar days after issuing notice to the claimant that his or 149 her claim satisfies all of the requirements under this act, the 150 department shall notify the Chief Financial Officer to draw a 151 warrant from the General Revenue Fund or another source 152 designated by the Legislature in law for the purchase of an 153 annuity for the claimant based on the total amount determined by 154 the department under this act. 155 (3)

(4) The Chief Financial Officer shall issue payment in 156 the amount determined by the department to an insurance company 157 or other financial institution admitted and authorized to issue 158 annuity contracts in this state to purchase an annuity or 159 annuities, selected by the wrongfully incarcerated person, for a 160 term of not less than 10 years. The Chief Financial Officer is 161 directed to execute all necessary agreements to implement this 162 act and to maximize the benefit to the wrongfully incarcerated 163 person. The terms of the annuity or annuities shall: 164 (

a) Provide that the annuity or annuities may not be sold, 165 discounted, or used as security for a loan or mortgage by the 166 wrongfully incarcerated person. 167 (

b) Contain beneficiary provisions for the continued 168 disbursement of the annuity or annuities in the event of the 169 death of the wrongfully incarcerated person. 170 (4)(

a) The Chief Financial Officer may not draw a warrant 171 to purchase an annuity for a claimant who is currently 172 incarcerated: 173 1. In a county, city, or federal jail or other correctional 174

Florida Senate - 2024 SB 284 6-00187-24 2024284__ Page 7 of 9 CODING: Words stricken are deletions; words underlined are additions. facility or an institution operated by the Department of 175 Corrections for a felony conviction other than a crime for which 176 the claimant was wrongfully convicted; or 177 2. Due to the revocation of parole or probation for a 178 felony conviction other than a crime for which the claimant was 179 wrongfully convicted. 180 (

b) After a term of incarceration described in subparagraph 181 (a)1. or subparagraph (a)2. has concluded, the Chief Financial 182 Officer shall commence with the drawing of a warrant as 183 described in this section. 184

(5) Before the department approves the application for 185 compensation, the wrongfully incarcerated person must sign a 186 release and waiver on behalf of the wrongfully incarcerated 187 person and his or her heirs, successors, and assigns, forever 188 releasing the state or any agency, instrumentality, or any 189 political subdivision thereof, or any other entity subject to s. 190 768.28, from all present or future claims that the wrongfully 191 incarcerated person or his or her heirs, successors, or assigns 192 may have against such entities arising out of the facts in 193 connection with the wrongful conviction for which compensation 194 is being sought under the act. 195 (6)(

a) A wrongfully incarcerated person may not submit an 196 application for compensation under this act if the person has a 197 lawsuit pending against the state or any agency, 198 instrumentality, or any political subdivision thereof, or any 199 other entity subject to the provisions of s. 768.28, in state or 200 federal court requesting compensation arising out of the facts 201 in connection with the claimant’s conviction and incarceration. 202 (

b) A wrongfully incarcerated person may not submit an 203

Florida Senate - 2024 SB 284 6-00187-24 2024284__ Page 8 of 9 CODING: Words stricken are deletions; words underlined are additions. application for compensation under this act if the person is the 204 subject of a claim bill pending for claims arising out of the 205 facts in connection with the claimant’s conviction and 206 incarceration. 207 (

c) Once an application is filed under this act, a 208 wrongfully incarcerated person may not pursue recovery under a 209 claim bill until the final disposition of the application. 210 (

d) Any amount awarded under this act is intended to 211 provide the sole compensation for any and all present and future 212 claims arising out of the facts in connection with the 213 claimant’s conviction and incarceration. Upon notification by 214 the department that an application meets the requirements of 215 this act, a wrongfully incarcerated person may not recover under 216 a claim bill. 217 (

e) Any compensation awarded under a claim bill shall be 218 the sole redress for claims arising out of the facts in 219 connection with the claimant’s conviction and incarceration and, 220 upon any award of compensation to a wrongfully incarcerated 221 person under a claim bill, the person may not receive 222 compensation under this act. 223

(7) Any payment made under this act does not constitute a 224 waiver of any defense of sovereign immunity or an increase in 225 the limits of liability on behalf of the state or any person 226 subject to the provisions of s. 768.28 or any other law. 227

Section

Section 961.07, Florida Statutes, is amended to 228 read: 229 961.07 Continuing appropriation.—Beginning in the 2024-2025 230 2008-2009 fiscal year and continuing each fiscal year 231 thereafter, a sum sufficient to pay the approved payments under 232

Florida Senate - 2024 SB 284 6-00187-24 2024284__ Page 9 of 9 CODING: Words stricken are deletions; words underlined are additions. s. 961.03(1)(

b) this act is appropriated from the General 233 Revenue Fund to the Chief Financial Officer, which sum is 234 further appropriated for expenditure pursuant to the provisions 235 of this act. 236

Section 6. This act shall take effect July 1, 2024. 237