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FL H0059

FL H0059
Compensation of Victims of Wrongful Incarceration


summary

Introduced
12/18/2024
In Committee
02/21/2025
Crossed Over
Passed
Dead
06/16/2025

Introduced Session

2025 Regular Session

Bill Summary

An act relating to compensation of victims of wrongful incarceration; amending s. 961.02, F.S.; deleting the definition of the term "violent felony"; amending s. 961.03, F.S.; expanding the period during which a petition for compensation for wrongful incarceration may be filed; providing that certain persons who had petitions dismissed or who had not previously filed such petitions may file such petitions; prohibiting a deceased person's heirs, successors, or assigns from filing a petition; amending s. 961.04, F.S.; providing that a wrongfully incarcerated person is not eligible for compensation for any period of incarceration during which the person was concurrently serving a sentence for a conviction of another felony for which such person was lawfully incarcerated; deleting provisions excluding persons convicted of violent felonies from compensation; deleting other exclusions; amending s. 961.06, F.S.; revising provisions concerning the offset of civil judgments in favor of claimants against awards; providing that the Chief Financial Officer may not draw a warrant to purchase an annuity for a claimant in certain circumstances; amending s. 961.07, F.S.; revising provisions concerning a continuing appropriation for certain hb59-01-c1 payments; providing that certain payments are subject to specific appropriation; providing an effective date.

AI Summary

This bill modifies Florida's laws regarding compensation for individuals who have been wrongfully incarcerated, making several significant changes. The bill expands the timeframe for filing petitions for compensation, allowing individuals whose previous petitions were dismissed or who had not previously filed to now seek compensation, with a deadline of July 1, 2027. It removes previous restrictions related to violent felonies and eliminates provisions that disqualified people with multiple felony convictions from receiving compensation. The bill clarifies that a person is not eligible for compensation for periods when they were simultaneously serving a sentence for another lawful felony conviction. The legislation also revises rules about civil judgments, specifying that any monetary damages from civil suits or settlements related to wrongful incarceration will be offset against compensation awards. Additionally, the bill introduces new provisions about when the Chief Financial Officer can draw warrants for compensation, specifically preventing payment to individuals currently incarcerated for other felony convictions. The compensation rate remains $50,000 per year of wrongful incarceration, and the bill continues to provide additional benefits like tuition waivers and administrative expunction of criminal records. Importantly, the bill prohibits deceased persons' heirs or successors from filing compensation petitions on their behalf.

Committee Categories

Budget and Finance, Justice

Sponsors (2)

Other Sponsors (1)

Criminal Justice Subcommittee (House)

Last Action

Laid on Table, companion bill(s) passed, see SB 130 (Ch. 2025-194) (on 04/29/2025)

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