Measure that amends Florida's compensation law for the wrongfully incarcerated passes Senate
A bill that would make it much easier for individuals wrongfully incarcerated to receive compensation has cleared the Florida Senate, and needs just one final vote in the House before going to Gov. Ron DeSantis' desk.
The measure sponsored by Northeast Florida Republican Sen. Jennifer Bradley (SB 130) makes changes to a 2008 state law that was designed to provide financial compensation for individuals wrongfully convicted of a crimes.
That legislation called for eligible exonerees to receive $50,000 for each year they were wrongfully incarcerated, capped at $2 million. However, since its passage, only five exonerees have actually received such compensation, due to a 'clean hands' provision that bans people who have had earlier, unrelated felonies from filing compensation claims — the only such restriction of its type in the country.
Bradley's bill would remove the clean-hands provision. It also would extend the filing deadline for those who have been exonerated from 90 days to two years, and allow a wrongfully incarcerated person both to bring a civil lawsuit and file for compensation under the 2008 law.
However, a claimant would have to repay the state if he or she receives monetary awards both under the 2008 law and through a civil lawsuit.
Eighteen exonerees have been denied compensation because of the clean-hands provision — 'totally, 300 plus years of lost liberty,' Bradley told her colleagues on Thursday.
Since 1989, 90 people in Florida have been exonerated or released from incarceration as a result of post-conviction DNA testing, according to the National Registry of Exonerations.
'Each of us has an incredible honor to represent our constituents, and part of that privilege of being able to come up here and represent our constituents is the duty that comes with that to be able to right wrongs,' Bradley said. 'To be able to stand up for the people of the state of Florida who have been wronged, and this is that bill.'
Bradley thanked to two former state senators who worked on the bill nearly a decade ago — GOP Sen. Rob Bradley, her husband, and Tampa Democrat Arthenia Joyner.
'Sometimes the wheels of justice roll slowly, but nevertheless they arrive at a destination of justice,' said Tampa Bay area Democratic Sen. Darryl Rouson. 'This bill speaks of that to those 18 who have been denied.'
The measure's companion in the House (HB 59), filed by Tampa Bay Republican Traci Koster, passed unanimously in its third and final committee stop on Wednesday and will soon go to the full House for a vote.
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