F.S. 961.01 Short title.
Sections 961.01-961.07 may be cited as the “Victims of Wrongful Incarceration Compensation Act.”
VICTIMS OF WRONGFUL INCARCERATION COMPENSATION
F.S. Ch. 961
in effectF.S. 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 criteria prescribed in s. 961.04.
(5)
“Entitled to compensation” means that a person meets the definition of the term “eligible for compensation” and satisfies the application requirements prescribed in s. 961.05, and may receive compensation pursuant to s. 961.06.
(6)
“Wrongfully incarcerated person” means a person whose felony conviction and sentence have been vacated by a court of competent jurisdiction and who is the subject of an order issued by the original sentencing court pursuant to s. 961.03 finding that the person did not commit the act or offense that served as the basis for the conviction and incarceration and that the person did not aid, abet, or act as an accomplice or accessory to a person who committed the act or offense.
F.S. 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 with particularity by filing a petition with the original sentencing court, with a copy of the petition and proper notice to the prosecuting authority in the underlying felony for which the person was incarcerated. At a minimum, the petition must:
1.
State that verifiable and substantial evidence of actual innocence exists and state with particularity the nature and significance of the verifiable and substantial evidence of actual innocence; and
2.
State that the person is not disqualified, under the provisions of s. 961.04, from seeking compensation under this act.
(b)
The person must file the petition with the court:
1.
Within 2 years after the order vacating a conviction and sentence becomes final and the criminal charges against the person are dismissed or the person is retried and acquitted if the person’s conviction and sentence is vacated on or after July 1, 2025.
2.
By July 1, 2027, if the person’s conviction and sentence was vacated and the criminal charges against the person were dismissed or the person was retried and acquitted on or after January 1, 2006, but before July 1, 2025, and he or she previously filed a petition under this section that was dismissed or no petition was filed under this section because:
a.
The date on which the criminal charges against the person were dismissed or the date on which the person was acquitted upon retrial occurred more than 90 days after the date of the final order vacating the conviction and sentence; or
b.
The person was convicted of an unrelated felony before or during his or her wrongful conviction and incarceration and was ineligible for compensation under s. 961.04 as it existed before July 1, 2025.
(c)
A deceased person’s heirs, successors, or assigns do not have standing to file a petition on the deceased person’s behalf under this section.
(2)
The prosecuting authority must respond to the petition within 30 days. The prosecuting authority may respond:
(a)
By certifying to the court that, based upon the petition and verifiable and substantial evidence of actual innocence, no further criminal proceedings in the case at bar can or will be initiated by the prosecuting authority, that no questions of fact remain as to the petitioner’s wrongful incarceration, and that the petitioner is not ineligible from seeking compensation under the provisions of s. 961.04; or
(b)
By contesting the nature, significance, or effect of the evidence of actual innocence, the facts related to the petitioner’s alleged wrongful incarceration, or whether the petitioner is ineligible from seeking compensation under the provisions of s. 961.04.
(3)
If the prosecuting authority responds as set forth in paragraph (2)(a), the original sentencing court, based upon the evidence of actual innocence, the prosecuting authority’s certification, and upon the court’s finding that the petitioner has presented clear and convincing evidence that the petitioner committed neither the act nor the offense that served as the basis for the conviction and incarceration, and that the petitioner did not aid, abet, or act as an accomplice to a person who committed the act or offense, shall certify to the department that the petitioner is a wrongfully incarcerated person as defined by this act. Based upon the prosecuting authority’s certification, the court shall also certify to the department that the petitioner is eligible for compensation under the provisions of s. 961.04.
(4)(a)
If the prosecuting authority responds as set forth in paragraph (2)(b), the original sentencing court shall make a determination from the pleadings and supporting documentation whether, by a preponderance of the evidence, the petitioner is ineligible for compensation under the provisions of s. 961.04, regardless of his or her claim of wrongful incarceration. If the court finds the petitioner ineligible under the provisions of s. 961.04, it shall dismiss the petition.
(b)
If the prosecuting authority responds as set forth in paragraph (2)(b), and the court determines that the petitioner is eligible under the provisions of s. 961.04, but the prosecuting authority contests the nature, significance or effect of the evidence of actual innocence, or the facts related to the petitioner’s alleged wrongful incarceration, the court shall set forth its findings and transfer the petition by electronic means through the division’s website to the division for findings of fact and a recommended determination of whether the petitioner has established that he or she is a wrongfully incarcerated person who is eligible for compensation under this act.
(5)
Any questions of fact, the nature, significance or effect of the evidence of actual innocence, and the petitioner’s eligibility for compensation under this act must be established by clear and convincing evidence by the petitioner before an administrative law judge.
(6)(a)
Pursuant to division rules and any additional rules set forth by the administrative law judge, a hearing shall be conducted no later than 120 days after the transfer of the petition.
(b)
The prosecuting authority shall appear for the purpose of contesting, as necessary, the facts, the nature, and significance or effect of the evidence of actual innocence as presented by the petitioner.
(c)
No later than 45 days after the adjournment of the hearing, the administrative law judge shall issue an order setting forth his or her findings and recommendation and shall file the order with the original sentencing court.
(d)
The original sentencing court shall review the findings and recommendation contained in the order of the administrative law judge and, within 60 days, shall issue its own order adopting or declining to adopt the findings and recommendation of the administrative law judge.
(7)
If the court concludes that the petitioner is a wrongfully incarcerated person as defined by this act and is eligible for compensation as defined in this act, the court shall include in its order a certification to the department that:
(a)1.
The order of the administrative law judge finds that the petitioner has met his or her burden of establishing by clear and convincing evidence that the petitioner committed neither the act nor the offense that served as the basis for the conviction and incarceration and that the petitioner did not aid, abet, or act as an accomplice to a person who committed the act or offense; or
2.
That the court has declined to adopt the findings and recommendations of the administrative law judge and finds that the petitioner has met his or her burden of establishing by clear and convincing evidence that the petitioner committed neither the act nor the offense that served as the basis for the conviction and incarceration and that the petitioner did not aid, abet, or act as an accomplice to a person who committed the act or offense; and
(b)
The original sentencing court determines the findings and recommendations on which its order is based are supported by competent, substantial evidence.
(8)
The establishment of the method by which a person may seek the status of a wrongfully incarcerated person and a finding as to eligibility for compensation under this act in no way creates any rights of due process beyond those set forth herein, nor is there created any right to further petition or appeal beyond the scope of the method set forth herein.
F.S. 961.04 Eligibility for compensation for wrongful incarceration.
A wrongfully incarcerated person is not eligible for compensation under the act 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.
F.S. 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 the person meets the definition of wrongfully incarcerated person and is eligible for compensation as defined in this act.
(2)
A wrongfully incarcerated person who is eligible for compensation under the act must apply to the Department of Legal Affairs. No estate of, or personal representative for, a decedent is entitled to apply on behalf of the decedent for compensation for wrongful incarceration.
(3)
The application must include:
(a)
A certified copy of the order vacating the conviction and sentence;
(b)
A certified copy of the original sentencing court’s order finding the claimant to be a wrongfully incarcerated person who is eligible for compensation under this act;
(c)
Certified copies of the original judgment and sentence;
(d)
Documentation demonstrating the length of the sentence served, including documentation from the Department of Corrections regarding the person’s admission into and release from the custody of the Department of Corrections;
(e)
Positive proof of identification, including two full sets of fingerprints administered by a law enforcement agency and a current form of photo identification, demonstrating that the person seeking compensation is the same individual who was wrongfully incarcerated;
(f)
All supporting documentation of any fine, penalty, or court costs imposed and paid by the wrongfully incarcerated person as described in s. 961.06(1)(c); and
(g)
All supporting documentation of any reasonable attorney’s fees and expenses as described in s. 961.06(1)(d).
(4)
The department shall forward one full set of fingerprints of the applicant to the Department of Law Enforcement for statewide criminal records checks. The Department of Law Enforcement shall forward the second set of fingerprints to the Federal Bureau of Investigation for national criminal records checks. The results of the state and national records checks shall be submitted to the department.
(5)
Upon receipt of an application, the department shall examine the application and notify the claimant within 30 calendar days of any errors or omissions, and request any additional information relevant to the review of the application. The claimant shall have 15 days after proper notification of any existing errors or omissions to supplement the application. The department may not deny an application for failure of the claimant to correct an error or omission or supply additional information unless the department timely notified the claimant of such errors or omissions or requested the additional information within the 30-day period specified in this subsection. The department shall process and review each completed application within 90 calendar days. Once the department determines whether a claim for compensation meets the requirements of this act, the department shall notify the claimant within 5 business days of that determination.
(6)
If the department determines that a claimant meets the requirements of this act, the wrongfully incarcerated person who is the subject of the claim becomes entitled to compensation, subject to the provisions in s. 961.06.
F.S. 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 this act is entitled to all of the following:
(a)
Monetary compensation for wrongful incarceration, which shall be calculated at a rate of $50,000 for each year of wrongful incarceration, prorated as necessary to account for a portion of a year. For persons found to be wrongfully incarcerated after December 31, 2005, the Chief Financial Officer may adjust the annual rate of compensation for inflation using the change in the December-to-December “Consumer Price Index for All Urban Consumers” of the Bureau of Labor Statistics of the Department of Labor.
(b)
A waiver of tuition and fees for up to 120 hours of instruction at any career center established under s. 1001.44, any Florida College System institution as defined in s. 1000.21(5), or any state university as defined in s. 1000.21(9), if the wrongfully incarcerated person meets and maintains the regular admission requirements of such career center, Florida College System institution, or state university; remains registered at such educational institution; and makes satisfactory academic progress as defined by the educational institution in which the claimant is enrolled.
(c)
The amount of any fine, penalty, or court costs imposed and paid by the wrongfully incarcerated person.
(d)
The amount of any reasonable attorney fees and expenses incurred and paid by the wrongfully incarcerated person in connection with all criminal proceedings and appeals regarding the wrongful conviction, to be calculated by the department based upon the supporting documentation submitted as specified in s. 961.05.
(e)
Notwithstanding any provision to the contrary in s. 943.0583 or s. 943.0585, immediate administrative expunction of the person’s criminal record resulting from his or her wrongful arrest, wrongful conviction, and wrongful incarceration. The Department of Legal Affairs and the Department of Law Enforcement shall, upon a determination that a claimant is entitled to compensation, immediately take all action necessary to administratively expunge the claimant’s criminal record arising from his or her wrongful arrest, wrongful conviction, and wrongful incarceration. All fees for this process shall be waived.
The total compensation awarded under paragraphs (a), (c), and (d) may not exceed $2 million. No further award for attorney fees, lobbying fees, costs, or other similar expenses shall be made by the state.
(2)
Except as provided in subsection (9), within 15 calendar days after issuing notice to the claimant that his or her claim satisfies all of the requirements under this act, the department shall notify the Chief Financial Officer to draw a warrant from the General Revenue Fund or another source designated by the Legislature in law for the purchase of an annuity for the claimant based on the total amount determined by the department under this act.
(3)
The Chief Financial Officer shall issue payment in the amount determined by the department to an insurance company or other financial institution admitted and authorized to issue annuity contracts in this state to purchase an annuity or annuities, selected by the wrongfully incarcerated person, for a term of not less than 10 years. The Chief Financial Officer is directed to execute all necessary agreements to implement this act and to maximize the benefit to the wrongfully incarcerated person. The terms of the annuity or annuities shall:
(a)
Provide that the annuity or annuities may not be sold, discounted, or used as security for a loan or mortgage by the wrongfully incarcerated person.
(b)
Contain beneficiary provisions for the continued disbursement of the annuity or annuities in the event of the death of the wrongfully incarcerated person.
(4)
If, when monetary compensation is determined under paragraph (1)(a), a court has previously entered a monetary judgment in favor of the claimant in a civil action related to the claimant’s wrongful incarceration, or the claimant has entered into a settlement agreement with the state or any political subdivision thereof related to the claimant’s wrongful incarceration, the amount of the damages in the civil action or settlement agreement, less any sums paid for attorney fees or costs incurred in litigating the civil action or obtaining the settlement agreement, shall be deducted from the total monetary compensation to which the claimant is entitled under this section.
(5)(a)
If subsection (4) does not apply and if, after monetary compensation is determined under paragraph (1)(a):
1.
The court enters a monetary judgment in favor of the claimant in a civil action related to the claimant’s wrongful incarceration; or
2.
The claimant enters into a settlement agreement with the state or any political subdivision thereof related to the claimant’s wrongful incarceration,
the claimant shall reimburse the state for the monetary compensation paid under paragraph (1)(a), less any sums paid for attorney fees or costs incurred in litigating the civil action or obtaining the settlement agreement.
(b)
A reimbursement required under this subsection may not exceed the amount of the monetary award the claimant received for damages in a civil action or settlement agreement.
(c)
In the order of judgment, the court shall award to the state any amount required to be deducted under this subsection.
(6)(a)
The claimant shall notify the department upon filing a civil action against the state or any political subdivision thereof in which the claimant is seeking monetary damages related to the claimant’s wrongful incarceration for which he or she previously received or is applying to receive compensation under paragraph (1)(a).
(b)
Upon notice of the claimant’s civil action, the department shall file in the case a notice of payment of monetary compensation to the claimant under paragraph (1)(a). The notice shall constitute a lien upon any monetary judgment or settlement recovered under the civil action which is equal to the sum of monetary compensation paid to the claimant under paragraph (1)(a), less any attorney fees and costs incurred in litigating the civil action or obtaining the settlement agreement.
(7)(a)
A wrongfully incarcerated person may not submit an application for compensation under this act if the person is the subject of a claim bill pending for claims arising out of the facts in connection with the claimant’s conviction and incarceration.
(b)
Once an application is filed under this act, a wrongfully incarcerated person may not pursue recovery under a claim bill until the final disposition of the application.
(c)
Upon notification by the department that an application meets the requirements of this act, a wrongfully incarcerated person may not recover under a claim bill.
(d)
Any compensation awarded under a claim bill shall be the sole redress for claims arising out of the facts in connection with the claimant’s conviction and incarceration and, upon any award of compensation to a wrongfully incarcerated person under a claim bill, the person may not receive compensation under this act.
(8)
Any payment made under this act does not constitute a waiver of any defense of sovereign immunity or an increase in the limits of liability on behalf of the state or any person subject to s. 768.28 or any other law.
(9)(a)
The Chief Financial Officer may not draw a warrant to purchase an annuity for a claimant who is currently incarcerated:
1.
In a county, city, or federal jail or other correctional facility or an institution operated by the Department of Corrections for a felony conviction other than a crime for which the claimant was wrongfully convicted; or
2.
Due to the revocation of parole or probation for a felony conviction other than a crime for which the claimant was wrongfully convicted.
(b)
After a term of incarceration described in subparagraph (a)1. or subparagraph (a)2. has concluded, the Chief Financial Officer shall commence with the drawing of a warrant as described in this section.
F.S. 961.07 Continuing appropriation.
(1)
Beginning in the 2025-2026 fiscal year and continuing each fiscal year thereafter, a sum sufficient to pay the approved payments under s. 961.03(1)(b)1. is appropriated from the General Revenue Fund to the Chief Financial Officer, which sum is further appropriated for expenditure pursuant to this act.
(2)
Payments for petitions filed pursuant to s. 961.03(1)(b)2. are subject to specific appropriation.
Source: FL Statutes (Official Site)URL: https://www.flsenate.gov/Laws/Statutes/2025/Chapter961/AllFetched: 7/8/2026