House Bill 59 and Senate Bill 130 are designed to change Florida’s compensation system for wrongful incarceration victims.
In response to complaints that the current system is overly restrictive, these proposals would increase eligibility and expand the timeframe for submitting compensation claims.
According to the Florida Senate, several significant amendments to the Victims of Wrongful Incarceration Compensation Act are proposed in HB 59, such as extending the filing period. The bill extends the timeframe for filing a petition for compensation from 90 days to two years after an order leaving a conviction becomes final and the criminal charges are dismissed, or the individual is retried and acquitted.
Also, more exonerees would be able to claim compensation since the proposed legislation eliminates limitations that previously prohibited those convicted of serious felonies or multiple nonviolent felonies before or during their wrongful conviction and incarceration.
The bills give the state’s chief financial officer greater flexibility in allocating compensation by stating that, in some situations, the CFO may not draw a warrant to buy a pension plan for a claimant.
SB 130 shares several clauses with HB 59 but also includes unique elements. The definition of “violent felony,” which had previously been a requirement for receiving compensation, is eliminated by the measure. SB 130 increases the timeframe for applications for verdicts annulled following July 1, 2025, to two years. Additionally, under specific conditions, it permits anyone whose convictions were overturned after Jan. 1, 2006, to submit applications by July 1, 2027.
According to the bill, an unjustly incarcerated individual is not eligible for compensation for any duration for which they were serving a term for a different criminal offense for which they were properly imprisoned.
According to the Florida Phoenix, the proposed legislation would provide those who have been acquitted with $50,000 for each year they were unfairly incarcerated. But according to the article, just a small number of people have received compensation under the current legislation, emphasizing the need for reform.
A Florida man was unfairly imprisoned and was not qualified for compensation because of the state’s “clean hands” legislation, which disqualifies those with past felony convictions. This emphasizes how crucial the amendments in HB 59 and SB 130 are that seek to eliminate these limitations.
Both proposals have been introduced and are being considered in their respective chambers as of February 2025. The Senate Criminal Justice Committee gave SB 130 a favorable review, and it is currently in the Appropriations Committee on Criminal and Civil Justice. HB 59 is in the Budget Committee. It is anticipated that the Legislature will keep considering these reforms that give victims of unjust imprisonment more appropriate reimbursement.