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Miami Herald
07-05-2025
- Politics
- Miami Herald
DeSantis should sign bill to fix wrongful conviction law and compensate victims
Editorials DeSantis should sign bill to fix wrongful conviction law and compensate victims | Opinion Florida Gov. Ron DeSantis in Tallahassee on March 4, 2025. mocner@ After years of trying, the Florida Legislature successfully passed a bill to make it easier for those who are wrongfully imprisoned to receive compensation. Senate Bill 130 and its companion House Bill 59 were passed unanimously by both the House and Senate. Now the bill awaits Gov. Ron DeSantis' signature to become law. The bill is a much-needed fix for wrongful compensation legislation that was passed in 2008. The Victims of Wrongful Incarceration Compensation Act allows people who are wrongfully convicted to receive compensation of $50,000 for every year behind bars. But a 'clean hands' requirement in that law says exonerees with more than one nonviolent felony on their previous record must seek legislative action in order to be eligible for compensation. SB 130 eliminates that provision. Florida is the only state with this sort of clean hands provision. The state makes a distinction between individuals wrongfully convicted: those with clean records and those without. The former receives compensation while the latter must jump through hoops to receive the compensation they deserve. That is neither fair nor just. A past criminal record shouldn't stop you from qualifying for compensation if you were wrongfully incarcerated for something else. If the state mistakenly took your liberty, the least it can do is give you some money as compensation. The bill that passed the Legislature this year also extends the window to file for compensation from 90 days to two years. The extension of time is needed. The 90-day window — which starts on the day a person's conviction is vacated — could easily run out if the person doesn't have a lawyer or if there's delay in officially dropping the charges once the conviction is vacated. So even if someone was wrongfully convicted, they could lose the chance to apply for compensation. The executive director for the Innocence Project of Florida, Seth Miller, explained that 'the bill extends that statute of limitations from 90 days to two years, which gives people substantial time to petition for compensation. And that two years runs not from when their conviction is vacated, but rather when the case is fully resolved.' For individuals who have spent years behind bars for a crime they didn't commit, this change offers a pathway to justice. Broward County resident Sidney Holmes had his conviction overturned after serving 34 years for armed robbery. Under the clean hands rule, Holmes wasn't entitled to automatic compensation, because he had two prior armed robbery convictions. He was only able to receive compensation under what's known as a claims bill, which must be approved by the Legislature and can take years. As the current law stands, it is failing the people, such as Holmes, who were wrongly sent to prison. DeSantis has an opportunity to fix that issue. Since 1989, 91 people have been exonerated in Florida, according to the National Registry of Exonerations, but only five individuals have received compensation since the current law was enacted. Florida's efforts to amend the law in the past have stalled because of changes in legislative leadership. 'Every time we got close, the leadership would turn over,' Miller said. 'All the work you've done over the course of two or four years to educate the people in the Legislature about why this is important — you would kind of have to start over.' While monetary compensation cannot give back years lost or birthdays missed, the state has a moral obligation to do what it can to make up for a mistaken incarceration. Money isn't enough, but it's a start. By signing the bill into law, DeSantis will signal the importance of government accountability. For Holmes and other Floridians who have faced an uphill battle to receive compensation for the years they lost due to wrongful convictions, the amendment makes it easier to get what they should be entitled to. It's an overdue correction to an existing law. DeSantis must not delay in signing the bill. Click here to send the letter. BEHIND THE STORY MORE What's an editorial? Editorials are opinion pieces that reflect the views of the Miami Herald Editorial Board, a group of opinion journalists that operates separately from the Miami Herald newsroom. Miami Herald Editorial Board members are: opinion editor Amy Driscoll and editorial writers Luisa Yanez and Isadora Rangel. Read more by clicking the arrow in the upper right. What's the difference between an op-ed and a column? Op-Eds, short for 'opposite the editorial page,' are opinion pieces written by contributors who are not affiliated with our Editorial Board. Columns are recurring opinion pieces that represent the views of staff columnists that regularly appear on the op-ed page. How does the Miami Herald Editorial Board decide what to write about? The Editorial Board, made up of experienced opinion journalists, primarily addresses local and state issues that affect South Florida residents. Each board member has an area of focus, such as education, COVID or local government policy. Board members meet daily and bring up an array of topics for discussion. Once a topic is fully discussed, board members will further report the issue, interviewing stakeholders and others involved and affected, so that the board can present the most informed opinion possible. We strive to provide our community with thought leadership that advocates for policies and priorities that strengthen our communities. Our editorials promote social justice, fairness in economic, educational and social opportunities and an end to systemic racism and inequality. The Editorial Board is separate from the reporters and editors of the Miami Herald newsroom. How can I contribute to the Miami Herald Opinion section? The Editorial Board accepts op-ed submissions of 650-700 words from community members who want to argue a specific viewpoint or idea that is relevant to our area. You can email an op-ed submission to oped@ We also accept 150-word letters to the editor from readers who want to offer their points of view on current issues. For more information on how to submit a letter, go here.
Yahoo
29-04-2025
- Politics
- Yahoo
Amendment to compensation law for wrongfully incarcerated goes to DeSantis
Florida Channel screenshot of Tampa Bay Republican Rep. Traci Koster on the House floor on April 29, 2025. The Florida Legislature is sending Gov. Ron DeSantis a bill that would remove the barrier that has kept dozens of wrongfully incarcerated people from receiving the financial compensation that they were entitled to over the past two decades. That's because, after several unsuccessful attempts, the House on Tuesday unanimously passed a measure (SB 130) amending a 2008 state law that was designed to provide financial compensation for individuals wrongfully convicted of a crime. The measure previously passed unanimously in the Senate as well. That 2008 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 a handful of exonerees have actually received such compensation, due to a 'clean hands' provision barring compensation for people with earlier, unrelated, felonies — the only such restriction of its type in the country. 'Since almost 20 years ago enacting our wrongful incarceration compensation statute, we have 19 exonerees in our state who have lost over 306 years of their freedom, because we as the state of Florida put them in prison,' said Tampa Bay Republican Rep. Traci Koster, who has sponsored this same bill ever since she was elected to the House in 2020. Koster's bill (sponsored in the Senate by Northeast Florida Republican Jennifer Bradley) would remove that clean-hands provision. It 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 through a compensation claim and a civil lawsuit. In presenting the bill, Koster said she believes Florida had one of the strongest criminal justice systems 'in the world.' 'But just because we have one of the best systems in the world, doesn't mean it's perfect,' she added. 'And even the best sometimes don't get it right.' In making a moral case for the legislation, Volusia County Republican Webster Barnaby cited the case of Joseph in the Bible and former South African President Nelson Mandela as individuals wrongfully incarcerated. 'There are people are wrongfully incarcerated,' he said. 'And it's our job as legislators to be truthful for those poor victims, because that's what they are, victims, who were wrongfully incarcerated. It's important for us to see people as people.' 'I've been here seven years and I've watched people come trying to get compensation, and it's been a very, very difficult task,' said Tampa Democratic Rep. Dianne Hart. 'When we incarcerate somebody for 35 or 40 years of their life, there is no compensation that can compensate for the time that they have spent for being incarcerated.' Since 1989, 91 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. That includes Robert DuBoise, who served 37 years on rape and murder charges but was exonerated in 2020 by the Conviction Review Unit of the Hillsborough County State Attorney's Office after DNA evidence testing excluded him as the perpetrator. However, the clean-hands provision of state law precluded him from being eligible for compensation because of two nonviolent property felony crimes which resulted in probation when he was a teenager. He ended up suing the city of Tampa in federal court in 2021 and, ultimately, the city council approved a $14 million settlement for him in 2024. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
06-03-2025
- Politics
- Yahoo
Wrongful Incarceration Measure Backed
A Senate panel on Wednesday approved a proposal aimed at helping people who have been wrongfully incarcerated receive compensation from the state. The bill (SB 130) would make changes to a Florida law that allows compensation for people exonerated after being convicted of crimes. The 2008 law also includes what is known as a 'clean hands' provision that makes exonerees who were previously convicted of certain felonies ineligible for the compensation. Senate bill sponsor Jennifer Bradley, R-Fleming Island, told the Senate Criminal and Civil Justice Appropriations Committee that 18 exonerees who collectively spent more than 300 years behind bars have been denied compensation since the law was passed in 2008, due to their previous convictions. 'Just to be clear, this bill is not about having strong penalties against criminals who commit bad acts in our state. This bill is with regard to people who have been exonerated, who have been found factually innocent by the original sentencing court. That's the universe of folks we're talking about. This bill rights that wrong and gets them the compensation that's deserved when the state gets it wrong,' Bradley said before the committee approved the measure in a 6-2 vote. Florida is the only state with a wrongful incarceration compensation program that excludes people with prior felonies, a restriction that makes the vast majority of exonerees in the state ineligible for payments. According to the National Registry of Exonerations, 91 people in Florida have been exonerated since 1989. Five of those exonerees have received compensation. Under the current law, exonerees found innocent by the court that convicted them are eligible for $50,000 for each year they served in prison. The compensation is capped at $2 million. Exonerees who are ineligible for the compensation program may seek payment from the state through the legislative 'claim bill' process, which also requires review by a special master. The process can take years and typically requires the assistance of lobbyists and lawyers. The bill also would extend from 90 days to two years a deadline for exonerees to seek compensation from the state and set up a process for people who receive compensation to repay the state if they receive civil settlements. Bradley's bill must clear one more committee before the full Senate could vote on it. A House panel last month approved a similar measure (HB 59) sponsored by Rep. Traci Koster, R-Tampa. Click here to download our free news, weather and smart TV apps. And click here to stream Channel 9 Eyewitness News live.
Yahoo
05-03-2025
- Politics
- Yahoo
Florida bill could bring compensation to more wrongfully imprisoned individuals
Florida could be poised to erase a key provision in state law which has kept dozens of people wrongfully imprisoned from receiving compensation for years spent behind bars. A Senate panel Wednesday unanimously approved a measure (SB 130) that would eliminate a so-called 'clean hands' standard in the state's wrongful incarceration law, on the books since 2008. As a staff analysis explains, "When the (law) was passed, a person was ineligible to receive compensation ... if he or she was previously convicted of any other felony." The clean hands requirement has contributed to only five released inmates being compensated by the state – out of 91 exonerated since 1989, according to the National Registry of Exonerations. Those five have been awarded almost $6.3 million by the state, under the compensation program, according to the Florida Attorney General's office. 'This bill is not about having a strong bill against criminals who commit bad acts in our state,' said Sen. Jennifer Bradley, R-Fleming Island. Instead, she told the Criminal and Civil Justice budget committee that the legislation is intended to help those wronged by the state. 'This bill rights that wrong against them and gets them the compensation that's deserved when the state gets it wrong,' she added. Bradley has sponsored similar measures the past couple of years that failed to clear the Legislature. But early signs in the House and Senate suggest there may be more momentum this spring. Florida became one of the first states in the nation to create a system where anyone wrongfully imprisoned could receive compensation. But Florida also is the only state to have the clean hands standard. Bradley said that since 2018, there have been 18 exonerees that have been denied compensation, 'totaling 300 years of lost liberty.' Under the law, those later found innocent by the court which convicted them are eligible to receive $50,000 for each year they served in prison. Compensation is capped at $2 million. The clean hands provision initially barred anyone convicted of a felony from qualifying – keeping some with relatively minor convictions dating to their teen years from receiving compensation for decades later wrongfully spent behind bars. The clean hands requirement was changed in 2017 to make a former inmate ineligible for receiving payments for being locked up if they were previously convicted of a violent felony or more than one non-violent felony. Lost decades behind bars... 47 years after wrongful conviction, 78-year-old wins Florida compensation on legislative session's last night Some pitfalls loom this session... Amid flowers, speeches and good vibes, some pitfalls loom for DeSantis, lawmakers But the standard remains an obstacle, advocates say. The Innocence Project, which pushed for Florida's compensation law almost two decades ago, supports Bradley's bill, along with other justice-related organizations. Similar legislation by Rep. Traci Koster, a Tampa Republican, is advancing in House committees. In addition to erasing the clean hands requirement, the bill would extend the claims-filing deadline for those exonerated from 90 days to two years. It would also let individuals to seek compensation through either a civil lawsuit or through the Victims of Wrongful Incarceration Compensation Act, rather than forcing an exoneree to waive their right to file a civil lawsuit. John Kennedy is a reporter in the USA TODAY Network's Florida Capital Bureau. He can be reached at jkennedy2@ or on X at @JKennedyReport. This article originally appeared on Tallahassee Democrat: New measure offers hope for exonerees seeking compensation in Florida
Yahoo
04-03-2025
- Business
- Yahoo
Alabama Senate approves bill allowing gold, silver as legal tender
Sen. Tim Melson, R-Florence (center) speaks with Sens. Steve Livingston, R-Scottsboro (bottom right) and Jack Williams, R-Wilmer, in the Alabama Senate on March 4, 2025 at the Alabama Statehouse in Montgomery, Alabama. (Brian Lyman/Alabama Reflector) The Alabama Senate passed a bill Tuesday allowing people to use gold and silver to be used in monetary transactions. SB 130, sponsored by Sen. Tim Melson, R-Florence, would make refined gold and silver bullion, specie or coins that have been stamped, marked, or imprinted with their weight and purity a legal tender in Alabama. 'This bill simply allows you to pay with gold or silver — any debt. It doesn't require anybody to accept it or use it,' Melson said. The bill does not require anyone to accept or offer silver or gold. Utah in 2011 passed a law allowing people to use US-minted gold and silver coins as legal tender. Louisiana passed a similar law in 2013 and Texas in 2017. The bill passed 31-0 and goes to the House. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
