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FL S0326

Bill

Status

Introduced

10/25/2013

Primary Sponsor

Rules

Click for details

Origin

Senate

2014 Regular Session

AI Summary

  • Creates exemption from standard application procedures for wrongfully incarcerated persons convicted and sentenced to death on or before December 31, 1979, if a special prosecutor appointed by the Governor enters a nolle prosequi on their conviction.

  • Establishes alternative application process requiring claimants to submit applications to the Department of Legal Affairs by July 1, 2016, including certified copies of nolle prosequi, judgment and sentence, proof of identification, and documentation of time served and any fines or attorney fees.

  • Requires the Department of Legal Affairs to examine applications within 30 days, notify claimants of errors or omissions, and complete review of complete applications within 90 calendar days.

  • Directs the Chief Financial Officer to issue compensation payments to insurance companies or financial institutions authorized to issue annuity contracts selected by the wrongfully incarcerated person, with terms preventing sale or use as loan security and providing beneficiary provisions.

  • Requires wrongfully incarcerated persons to sign a waiver releasing the state and related entities from all claims arising from their wrongful conviction before the Department approves the compensation application.

  • Sections 961.055 and 961.056 are repealed July 1, 2018.

Legislative Description

Victims of Wrongful Incarceration

Last Action

Laid on Table, companion bill(s) passed, see CS/HB 227 (Ch. 2014-198)

5/2/2014

Committee Referrals

Rules3/14/2014
Appropriations3/4/2014
Criminal Justice2/13/2014
Judiciary11/7/2013

Full Bill Text

No bill text available