Florida Senate - 2025 SB 130 By Senator Bradley 6-00356A-25 2025130__ Page 1 of 11 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to compensation of victims of wrongful 2 incarceration; amending s. 961.02, F.S.; deleting the 3 definition of the term “violent felony”; amending s. 4 961.03, F.S.; expanding the period during which a 5 petition for compensation for wrongful incarceration 6 may be filed; providing that certain persons who had 7 petitions dismissed or who had not previously filed 8 such petitions may file such petitions; amending s. 9 961.04, F.S.; providing that a wrongfully incarcerated 10 person is not eligible for compensation for any period 11 of incarceration during which the person was 12 concurrently serving a sentence for a conviction of 13 another felony for which such person was lawfully 14 incarcerated; deleting provisions excluding persons 15 convicted of violent felonies from compensation; 16 deleting other exclusions; amending s. 961.06, F.S.; 17 revising provisions concerning the offset of civil 18 judgments in favor of claimants against awards; 19 providing that the Chief Financial Officer may not 20 draw a warrant to purchase an annuity for a claimant 21 in certain circumstances; requiring the Chief 22 Financial Officer to draw a warrant after a certain 23 term has concluded; amending s. 961.07, F.S.; revising 24 provisions concerning a continuing appropriation for 25 certain payments; providing that certain payments are 26 subject to specific appropriation; providing an 27 effective date. 28 29

Florida Senate - 2025 SB 130 6-00356A-25 2025130__ Page 2 of 11 CODING: Words stricken are deletions; words underlined are additions. Be It Enacted by the Legislature of the State of Florida: 30 31

Section 1. Subsection (6) of

section 961.02, Florida 32 Statutes, is amended to read: 33 961.02

Definitions.—As used in ss. 961.01-961.07, the term: 34 (6) “Violent felony” means a felony listed in s. 35 775.084(1)(c)1. or s. 948.06(8)(c). 36

Section 2. Paragraph (

b) of subsection (1) of

section 37 961.03, Florida Statutes, is amended, and paragraph (

c) is added 38 to that subsection, to read: 39 961.03 Determination of status as a wrongfully incarcerated 40 person; determination of eligibility for compensation.— 41 (1) 42 (

b) The person must file the petition with the court: 43 1. Within 2 years 90 days after the order vacating a 44 conviction and sentence becomes final and the criminal charges 45 against the person are dismissed or the person is retried and 46 acquitted if the person’s conviction and sentence is vacated on 47 or after July 1, 2025 2008. 48 2. By July 1, 2027 2010, if the person’s conviction and 49 sentence was vacated and the criminal charges against the person 50 were dismissed or the person was retried and acquitted on or 51 after January 1, 2006, but before July 1, 2025, and he or she 52 previously filed a petition under this

section that was 53 dismissed or no petition was filed under this

section because: 54 a. The date on which the criminal charges against the 55 person were dismissed or the date on which the person was 56 acquitted upon retrial occurred more than 90 days after the date 57 of the final order vacating the conviction and sentence; or 58

Florida Senate - 2025 SB 130 6-00356A-25 2025130__ Page 3 of 11 CODING: Words stricken are deletions; words underlined are additions. b. The person was convicted of an unrelated felony before 59 or during his or her wrongful conviction and incarceration and 60 was ineligible for compensation under s. 961.04 as it existed 61 before July 1, 2025. 62 (

c) A deceased person’s heirs, successors, or assigns do 63 not have standing to file a petition on the deceased person’s 64 behalf under this

section by an order that became final prior to 65 July 1, 2008. 66

Section

Section 961.04, Florida Statutes, is amended to 67 read: 68 961.04 Eligibility for compensation for wrongful 69 incarceration.—A wrongfully incarcerated person is not eligible 70 for compensation under the act for any period of incarceration 71 during which the person was concurrently serving a sentence for 72 a conviction of another felony for which such person was 73 lawfully incarcerated. if: 74

(1) Before the person’s wrongful conviction and 75 incarceration, the person was convicted of, or pled guilty or 76 nolo contendere to, regardless of adjudication, any violent 77 felony, or a crime committed in another jurisdiction the 78 elements of which would constitute a violent felony in this 79 state, or a crime committed against the United States which is 80 designated a violent felony, excluding any delinquency 81 disposition; 82

(2) Before the person’s wrongful conviction and 83 incarceration, the person was convicted of, or pled guilty or 84 nolo contendere to, regardless of adjudication, more than one 85 felony that is not a violent felony, or more than one crime 86 committed in another jurisdiction, the elements of which would 87

Florida Senate - 2025 SB 130 6-00356A-25 2025130__ Page 4 of 11 CODING: Words stricken are deletions; words underlined are additions. constitute a felony in this state, or more than one crime 88 committed against the United States which is designated a 89 felony, excluding any delinquency disposition; 90

(3) During the person’s wrongful incarceration, the person 91 was convicted of, or pled guilty or nolo contendere to, 92 regardless of adjudication, any violent felony; 93

(4) During the person’s wrongful incarceration, the person 94 was convicted of, or pled guilty or nolo contendere to, 95 regardless of adjudication, more than one felony that is not a 96 violent felony; or 97

(5) During the person’s wrongful incarceration, the person 98 was also serving a concurrent sentence for another felony for 99 which the person was not wrongfully convicted. 100

Section

Section 961.06, Florida Statutes, is amended to 101 read: 102 961.06 Compensation for wrongful incarceration.— 103

(1) Except as otherwise provided in this act and subject to 104 the limitations and procedures prescribed in this section, a 105 person who is found to be entitled to compensation under the 106 provisions of this act is entitled to all of the following: 107 (

a) Monetary compensation for wrongful incarceration, which 108 shall be calculated at a rate of $50,000 for each year of 109 wrongful incarceration, prorated as necessary to account for a 110 portion of a year. For persons found to be wrongfully 111 incarcerated after December 31, 2005 2008, the Chief Financial 112 Officer may adjust the annual rate of compensation for inflation 113 using the change in the December-to-December “Consumer Price 114 Index for All Urban Consumers” of the Bureau of Labor Statistics 115 of the Department of Labor.; 116

Florida Senate - 2025 SB 130 6-00356A-25 2025130__ Page 5 of 11 CODING: Words stricken are deletions; words underlined are additions. (

b) A waiver of tuition and fees for up to 120 hours of 117 instruction at any career center established under s. 1001.44, 118 any Florida College System institution as defined in s. 119 1000.21(5), or any state university as defined in s. 1000.21(9), 120 if the wrongfully incarcerated person meets and maintains the 121 regular admission requirements of such career center, Florida 122 College System institution, or state university; remains 123 registered at such educational institution; and makes 124 satisfactory academic progress as defined by the educational 125 institution in which the claimant is enrolled.; 126 (

c) The amount of any fine, penalty, or court costs imposed 127 and paid by the wrongfully incarcerated person.; 128 (

d) The amount of any reasonable attorney attorney’s fees 129 and expenses incurred and paid by the wrongfully incarcerated 130 person in connection with all criminal proceedings and appeals 131 regarding the wrongful conviction, to be calculated by the 132 department based upon the supporting documentation submitted as 133 specified in s. 961.05.; and 134 (

e) Notwithstanding any provision to the contrary in s. 135 943.0583 or s. 943.0585, immediate administrative expunction of 136 the person’s criminal record resulting from his or her wrongful 137 arrest, wrongful conviction, and wrongful incarceration. The 138 Department of Legal Affairs and the Department of Law 139 Enforcement shall, upon a determination that a claimant is 140 entitled to compensation, immediately take all action necessary 141 to administratively expunge the claimant’s criminal record 142 arising from his or her wrongful arrest, wrongful conviction, 143 and wrongful incarceration. All fees for this process shall be 144 waived. 145

Florida Senate - 2025 SB 130 6-00356A-25 2025130__ Page 6 of 11 CODING: Words stricken are deletions; words underlined are additions. 146 The total compensation awarded under paragraphs (a), (c), and 147 (

d) may not exceed $2 million. No further award for attorney 148 attorney’s fees, lobbying fees, costs, or other similar expenses 149 shall be made by the state. 150

(2) In calculating monetary compensation under paragraph 151 (1)(a), a wrongfully incarcerated person who is placed on parole 152 or community supervision while serving the sentence resulting 153 from the wrongful conviction and who commits no more than one 154 felony that is not a violent felony which results in revocation 155 of the parole or community supervision is eligible for 156 compensation for the total number of years incarcerated.

A 157 wrongfully incarcerated person who commits one violent felony or 158 more than one felony that is not a violent felony that results 159 in revocation of the parole or community supervision is 160 ineligible for any compensation under subsection (1). 161 (2)

(3) Except as provided in subsection (9), within 15 162 calendar days after issuing notice to the claimant that his or 163 her claim satisfies all of the requirements under this act, the 164 department shall notify the Chief Financial Officer to draw a 165 warrant from the General Revenue Fund or another source 166 designated by the Legislature in law for the purchase of an 167 annuity for the claimant based on the total amount determined by 168 the department under this act. 169 (3)

(4) The Chief Financial Officer shall issue payment in 170 the amount determined by the department to an insurance company 171 or other financial institution admitted and authorized to issue 172 annuity contracts in this state to purchase an annuity or 173 annuities, selected by the wrongfully incarcerated person, for a 174

Florida Senate - 2025 SB 130 6-00356A-25 2025130__ Page 7 of 11 CODING: Words stricken are deletions; words underlined are additions. term of not less than 10 years. The Chief Financial Officer is 175 directed to execute all necessary agreements to implement this 176 act and to maximize the benefit to the wrongfully incarcerated 177 person. The terms of the annuity or annuities shall: 178 (

a) Provide that the annuity or annuities may not be sold, 179 discounted, or used as security for a loan or mortgage by the 180 wrongfully incarcerated person. 181 (

b) Contain beneficiary provisions for the continued 182 disbursement of the annuity or annuities in the event of the 183 death of the wrongfully incarcerated person. 184

(4) If, when monetary compensation is determined under 185 paragraph (1)(a), a court has previously entered a monetary 186 judgment in favor of the claimant in a civil action related to 187 the claimant’s wrongful incarceration, or the claimant has 188 entered into a settlement agreement with the state or any 189 political subdivision thereof related to the claimant’s wrongful 190 incarceration, the amount of the damages in the civil action or 191 settlement agreement, less any sums paid for attorney fees or 192 costs incurred in litigating the civil action or obtaining the 193 settlement agreement, shall be deducted from the total monetary 194 compensation to which the claimant is entitled under this 195 section. 196 (5)(

a) If subsection (4) does not apply and if, after 197 monetary compensation is determined under paragraph (1)(a): 198 1. The court enters a monetary judgment in favor of the 199 claimant in a civil action related to the claimant’s wrongful 200 incarceration; or 201 2. The claimant enters into a settlement agreement with the 202 state or any political subdivision thereof related to the 203

Florida Senate - 2025 SB 130 6-00356A-25 2025130__ Page 8 of 11 CODING: Words stricken are deletions; words underlined are additions. claimant’s wrongful incarceration, 204 205 the claimant shall reimburse the state for the monetary 206 compensation paid under paragraph (1)(a), less any sums paid for 207 attorney fees or costs incurred in litigating the civil action 208 or obtaining the settlement agreement. 209 (

b) A reimbursement required under this subsection may not 210 exceed the amount of the monetary award the claimant received 211 for damages in a civil action or settlement agreement. 212 (

c) In the order of judgment, the court shall award to the 213 state any amount required to be deducted under this subsection. 214 (6)(

a) The claimant shall notify the department upon filing 215 a civil action against the state or any political subdivision 216 thereof in which the claimant is seeking monetary damages 217 related to the claimant’s wrongful incarceration for which he or 218 she previously received or is applying to receive compensation 219 under paragraph (1)(a). 220 (

b) Upon notice of the claimant’s civil action, the 221 department shall file in the case a notice of payment of 222 monetary compensation to the claimant under paragraph (1)(a). 223 The notice shall constitute a lien upon any monetary judgment or 224 settlement recovered under the civil action which is equal to 225 the sum of monetary compensation paid to the claimant under 226 paragraph (1)(a), less any attorney fees and costs incurred in 227 litigating the civil action or obtaining the settlement 228 agreement 229

(5) Before the department approves the application for 230 compensation, the wrongfully incarcerated person must sign a 231 release and waiver on behalf of the wrongfully incarcerated 232

Florida Senate - 2025 SB 130 6-00356A-25 2025130__ Page 9 of 11 CODING: Words stricken are deletions; words underlined are additions. person and his or her heirs, successors, and assigns, forever 233 releasing the state or any agency, instrumentality, or any 234 political subdivision thereof, or any other entity subject to s. 235 768.28, from all present or future claims that the wrongfully 236 incarcerated person or his or her heirs, successors, or assigns 237 may have against such entities arising out of the facts in 238 connection with the wrongful conviction for which compensation 239 is being sought under the act. 240 (6)(

a) A wrongfully incarcerated person may not submit an 241 application for compensation under this act if the person has a 242 lawsuit pending against the state or any agency, 243 instrumentality, or any political subdivision thereof, or any 244 other entity subject to the provisions of s. 768.28, in state or 245 federal court requesting compensation arising out of the facts 246 in connection with the claimant’s conviction and incarceration. 247 (7)(a)(

b) A wrongfully incarcerated person may not submit 248 an application for compensation under this act if the person is 249 the subject of a claim bill pending for claims arising out of 250 the facts in connection with the claimant’s conviction and 251 incarceration. 252 (b)(

c) Once an application is filed under this act, a 253 wrongfully incarcerated person may not pursue recovery under a 254 claim bill until the final disposition of the application. 255 (c)(

d) Any amount awarded under this act is intended to 256 provide the sole compensation for any and all present and future 257 claims arising out of the facts in connection with the 258 claimant’s conviction and incarceration. Upon notification by 259 the department that an application meets the requirements of 260 this act, a wrongfully incarcerated person may not recover under 261

Florida Senate - 2025 SB 130 6-00356A-25 2025130__ Page 10 of 11 CODING: Words stricken are deletions; words underlined are additions. a claim bill. 262 (d)(

e) Any compensation awarded under a claim bill shall be 263 the sole redress for claims arising out of the facts in 264 connection with the claimant’s conviction and incarceration and, 265 upon any award of compensation to a wrongfully incarcerated 266 person under a claim bill, the person may not receive 267 compensation under this act. 268 (8)

(7) Any payment made under this act does not constitute 269 a waiver of any defense of sovereign immunity or an increase in 270 the limits of liability on behalf of the state or any person 271 subject to the provisions of s. 768.28 or any other law. 272 (9)(

a) The Chief Financial Officer may not draw a warrant 273 to purchase an annuity for a claimant who is currently 274 incarcerated: 275 1. In a county, city, or federal jail or other correctional 276 facility or an institution operated by the Department of 277 Corrections for a felony conviction other than a crime for which 278 the claimant was wrongfully convicted; or 279 2. Due to the revocation of parole or probation for a 280 felony conviction other than a crime for which the claimant was 281 wrongfully convicted. 282 (

b) After a term of incarceration described in subparagraph 283 (a)1. or subparagraph (a)2. has concluded, the Chief Financial 284 Officer shall commence with the drawing of a warrant as 285 described in this section. 286

Section

Section 961.07, Florida Statutes, is amended to 287 read: 288 961.07 Continuing appropriation.— 289

(1) Beginning in the 2025-2026 2008-2009 fiscal year and 290

Florida Senate - 2025 SB 130 6-00356A-25 2025130__ Page 11 of 11 CODING: Words stricken are deletions; words underlined are additions. continuing each fiscal year thereafter, a sum sufficient to pay 291 the approved payments under s. 961.03(1)(b)1. this act is 292 appropriated from the General Revenue Fund to the Chief 293 Financial Officer, which sum is further appropriated for 294 expenditure pursuant to the provisions of this act. 295

(2) Payments for petitions filed pursuant to s. 296 961.03(1)(b)2. are subject to specific appropriation. 297

Section 6. This act shall take effect July 1, 2025. 298