961.01 – Short Title.

961.01 Short title.—Sections 961.01-961.07 may be cited as the “Victims of Wrongful Incarceration Compensation Act.” History.—s. 1, ch. 2008-39.

961.02 – Definitions.

961.02 Definitions.—As used in ss. 961.01-961.07, the term: (1) “Act” means the Victims of Wrongful Incarceration Compensation Act. (2) “Department” means the Department of Legal Affairs. (3) “Division” means the Division of Administrative Hearings. (4) “Eligible for compensation” means that a person meets the definition of the term “wrongfully incarcerated person” and is not disqualified from seeking compensation under the […]

961.03 – Determination of Status as a Wrongfully Incarcerated Person; Determination of Eligibility for Compensation.

961.03 Determination of status as a wrongfully incarcerated person; determination of eligibility for compensation.— (1)(a) In order to meet the definition of a “wrongfully incarcerated person” and “eligible for compensation,” upon entry of an order, based upon exonerating evidence, vacating a conviction and sentence, a person must set forth the claim of wrongful incarceration under oath and […]

961.04 – Eligibility for Compensation for Wrongful Incarceration.

961.04 Eligibility for compensation for wrongful incarceration.—A wrongfully incarcerated person is not eligible for compensation under the act if: (1) Before the person’s wrongful conviction and incarceration, the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, any violent felony, or a crime committed in another jurisdiction the elements of which would […]

961.05 – Application for Compensation for Wrongful Incarceration; Administrative Expunction; Determination of Entitlement to Compensation.

961.05 Application for compensation for wrongful incarceration; administrative expunction; determination of entitlement to compensation.— (1) A wrongfully incarcerated person who is eligible for compensation as defined in this act must initiate his or her application for compensation as required in this section no more than 2 years after the original sentencing court enters its order finding that […]

961.06 – Compensation for Wrongful Incarceration.

961.06 Compensation for wrongful incarceration.— (1) Except as otherwise provided in this act and subject to the limitations and procedures prescribed in this section, a person who is found to be entitled to compensation under the provisions of this act is entitled to: (a) Monetary compensation for wrongful incarceration, which shall be calculated at a rate of $50,000 […]

961.07 – Continuing Appropriation.

961.07 Continuing appropriation.—Beginning in the 2008-2009 fiscal year and continuing each fiscal year thereafter, a sum sufficient to pay the approved payments under this act is appropriated from the General Revenue Fund to the Chief Financial Officer, which sum is further appropriated for expenditure pursuant to the provisions of this act. History.—s. 7, ch. 2008-39.