F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 37 2024
1 A bill to be entitled
2 An act relating to compensation for wrongfully
3 incarcerated persons; amending s. 961.02, F.S.;
4 deleting an obsolete definition; amending s. 961.03,
5 F.S.; revising requirements for when a petition
6 seeking compensation must be filed; providing that a
7 deceased person's heirs, successors, or assigns do not
8 have standing to file such a petition; amending s.
9 961.04, F.S.; revising requirements for eligibility
10 for compensation; amending s. 961.06, F.S.; revising
11 requirements for awarding compensation; amending s.
12 961.07, F.S.; revising requirements for continuing
13 appropriations; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Flor ida:
16
17 Section 1. Subsection (6) of section 961.02, Florida
18 Statutes, is amended to read:
19 961.02 Definitions.—As used in ss. 961.01-961.07, the
20 term:
21 (6) "Violent felony" means a felony listed in s.
22 775.084(1)(c)1. or s. 948.06(8)(c).
23 Section 2. Paragraph (b) of subsection (1) of section
24 961.03, Florida Statutes, is amended, and paragraph (c) is added
25 to that subsection, to read:
Page 1 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb0037-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 37 2024
26 961.03 Determination of status as a wrongfully
27 incarcerated person; determination of eligibility for
28 compensation.—
29 (1)
30 (b) The person must file the petition with the court:
31 1. Within 2 years 90 days after the order vacating a
32 conviction and sentence becomes final and the criminal charges
33 against the person are dismissed or the person is retried and
34 acquitted if the person's conviction and sentence is vacated on
35 or after July 1, 2024 2008.
36 2. By July 1, 2026 2010, if the person's conviction and
37 sentence was vacated and the criminal charges against the person
38 were dismissed or the person was retried and acquitted o n or
39 after January 1, 2006, but before July 1, 2024, and he or she
40 previously filed a petition under this section that was
41 dismissed or he or she did not file a petition under this
42 section because:
43 a. The date on which the criminal charges against the
44 person were dismissed or the date on which the person was
45 acquitted upon retrial occurred more than 90 days after the date
46 of the final order vacating the conviction and sentence; or
47 b. The person was convicted of an unrelated felony before
48 or during his or her wrongful conviction and incarceration and
49 was ineligible for compensation under s. 961.04 as it existed
50 before July 1, 2024.
Page 2 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb0037-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 37 2024
51 (c) A deceased person's heirs, successors, or assigns do
52 not have standing to file a petition on the deceased person's
53 behalf under this section by an order that became final prior to
54 July 1, 2008.
55 Section 3. Section 961.04, Florida Statutes, is amended to
56 read:
57 961.04 Eligibility for compensation for wrongful
58 incarceration.—A wrongfully incarcerated person is not eligible
59 for compensation under the act for any period of incarceration
60 during which the person was concurrently serving a sentence for
61 a conviction of another felony for which such person was
62 lawfully incarcerated if:
63 (1) Before the person's wrongful conviction and
64 incarceration, the person was convicted of, or pled guilty or
65 nolo contendere to, regardless of adjudication, any violent
66 felony, or a crime committed in another jurisdiction the
67 elements of which would constitute a violent felony in this
68 state, or a crime committed against the United States which is
69 designated a violent felony, excluding any delinquency
70 disposition;
71 (2) Before the person's wrongful conviction and
72 incarceration, the person was convicted of, or pled guilty or
73 nolo contendere to, regardless of adjudication, more than one
74 felony that is not a violent felony, or more than one crime
75 committed in another jurisdiction, the elements of which would
Page 3 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb0037-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 37 2024
76 constitute a felony in this state, or more than one crime
77 committed against the United States which is designated a
78 felony, excluding any delinquency disposition;
79 (3) During the person's wrongful incarceration, the person
80 was convicted of, or pled guilty or nolo contendere to,
81 regardless of adjudication, any violent felony;
82 (4) During the person's wrongful incarceration, the person
83 was convicted of, or pled guilty or nolo contendere to,
84 regardless of adjudication, more than one felony that is not a
85 violent felony; or
86 (5) During the person's wrongful incarceration, the person
87 was also serving a concurrent sentence for another felony for
88 which the person was not wrongfully convicted.
89 Section 4. Section 961.06, Florida Statutes, is am ended to
90 read:
91 961.06 Compensation for wrongful incarceration.—
92 (1) Except as otherwise provided in this act and subject
93 to the limitations and procedures prescribed in this section, a
94 person who is found to be entitled to compensation under the
95 provisions of this act is entitled to all of the following:
96 (a) Monetary compensation for wrongful incarceration,
97 which shall be calculated at a rate of $50,000 for each year of
98 wrongful incarceration, prorated as necessary to account for a
99 portion of a year. For persons found to be wrongfully
100 incarcerated after December 31, 2005 2008, the Chief Financial
Page 4 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb0037-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 37 2024
101 Officer may adjust the annual rate of compensation for inflation
102 using the change in the December-to-December "Consumer Price
103 Index for All Urban Consumers" of the Bureau of Labor Statistics
104 of the Department of Labor.;
105 (b) A waiver of tuition and fees for up to 120 hours of
106 instruction at any career center established under s. 1001.44,
107 any Florida College System institution as defined in s.
108 1000.21(5), or any state university as defined in s. 1000.21(8),
109 if the wrongfully incarcerated person meets and maintains the
110 regular admission requirements of such career center, Florida
111 College System institution, or state university; remains
112 registered at such educational institution; and makes
113 satisfactory academic progress as defined by the educational
114 institution in which the claimant is enrolled.;
115 (c) The amount of any fine, penalty, or court costs
116 imposed and paid by the wrongfully incarcerated person.;
117 (d) The amount of any reasonable attorney attorney's fees
118 and expenses incurred and paid by the wrongfully incarcerated
119 person in connection with all criminal proceedings and appeals
120 regarding the wrongful conviction, to be calculated by the
121 department based upon the supporting documentation submitted as
122 specified in s. 961.05.;and
123 (e) Notwithstanding any provision to the contrary in s.
124 943.0583 or s. 943.0585, immediate administrative expunction of
125 the person's criminal record resulting from his or her wrongful
Page 5 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb0037-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 37 2024
126 arrest, wrongful conviction, and wrongful incarceration. The
127 Department of Legal Affairs and the Department of Law
128 Enforcement shall, upon a determination that a claimant is
129 entitled to compensation, immediately take all action necessary
130 to administratively expunge the claimant's criminal record
131 arising from his or her wrongful arrest, wrongful conviction,
132 and wrongful incarceration. All fees for this process shall be
133 waived.
134
135 The total compensation awarded under paragraphs (a), (c), and
136 (d) may not exceed $2 million. No further award for attorney
137 attorney's fees, lobbying fees, costs, or other similar expenses
138 shall be made by the state.
139 (2) In calculating monetary compensation under paragraph
140 (1)(a), a wrongfully incarcerated person who is placed on par ole
141 or community supervision while serving the sentence resulting
142 from the wrongful conviction and who commits no more than one
143 felony that is not a violent felony which results in revocation
144 of the parole or community supervision is eligible for
145 compensation for the total number of years incarcerated. A
146 wrongfully incarcerated person who commits one violent felony or
147 more than one felony that is not a violent felony that results
148 in revocation of the parole or community supervision is
149 ineligible for any compensation under subsection (1).
150 (2)(3) Except as provided in subsection (4), within 15
Page 6 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb0037-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 37 2024
151 calendar days after issuing notice to the claimant that his or
152 her claim satisfies all of the requirements under this act, the
153 department shall notify the Chief Financial Officer to draw a
154 warrant from the General Revenue Fund or another source
155 designated by the Legislature in law for the purchase of an
156 annuity for the claimant based on the total amount determined by
157 the department under this act.
158 (3)(4) The Chief Financial Officer shall issue payment in
159 the amount determined by the department to an insurance company
160 or other financial institution admitted and authorized to issue
161 annuity contracts in this state to purchase an annuity or
162 annuities, selected by the wrongfully incarcerated person, for a
163 term of not less than 10 years. The Chief Financial Officer is
164 directed to execute all necessary agreements to implement this
165 act and to maximize the benefit to the wrongfully incarcerated
166 person. The terms of the annuity or annuities shall:
167 (a) Provide that the annuity or annuities may not be sold,
168 discounted, or used as security for a loan or mortgage by the
169 wrongfully incarcerated person.
170 (b) Contain beneficiary provisions for the continued
171 disbursement of the annuity or annuities in the event of the
172 death of the wrongfully incarcerated person.
173 (4)(a) The Chief Financial Officer may not draw a warrant
174 to purchase an annuity for a claimant who is currently
175 incarcerated:
Page 7 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb0037-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 37 2024
176 1. In a county, city, or federal jail or other
177 correctional facility or an institution operated by the
178 Department of Corrections for a felony conviction other than a
179 crime for which the claimant was wrongfully convicted; or
180 2. Due to the revocation of parole or probation for a
181 felony conviction other than a crime for which the claimant was
182 wrongfully convicted.
183 (b) After a term of incarceration described in
184 subparagraph (a)1. or subparagraph (a)2. has concluded, the
185 Chief Financial Officer shall commence with the drawing of a
186 warrant as described in this section.
187 (5) Before the department approves the application for
188 compensation, the wrongfully incarcerated person must sign a
189 release and waiver on behalf of the wrongfully incarcerated
190 person and his or her heirs, successors, and assigns, fo rever
191 releasing the state or any agency, instrumentality, or any
192 political subdivision thereof, or any other entity subject to s.
193 768.28, from all present or future claims that the wrongfully
194 incarcerated person or his or her heirs, successors, or assigns
195 may have against such entities arising out of the facts in
196 connection with the wrongful conviction for which compensation
197 is being sought under the act.
198 (6)(a) A wrongfully incarcerated person may not submit an
199 application for compensation under this act if the person has a
200 lawsuit pending against the state or any agency,
Page 8 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb0037-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 37 2024
201 instrumentality, or any political subdivision thereof, or any
202 other entity subject to the provisions of s. 768.28, in state or
203 federal court requesting compensation arising out of the facts
204 in connection with the claimant's conviction and incarceration.
205 (b) A wrongfully incarcerated person may not submit an
206 application for compensation under this act if the person is the
207 subject of a claim bill pending for claims arising out of the
208 facts in connection with the claimant's conviction and
209 incarceration.
210 (c) Once an application is filed under this act, a
211 wrongfully incarcerated person may not pursue recovery under a
212 claim bill until the final disposition of the application.
213 (d) Any amount awarded under this act is intended to
214 provide the sole compensation for any and all present and future
215 claims arising out of the facts in connection with the
216 claimant's conviction and incarceration. Upon notification by
217 the department that an applicati