Florida Senate Panel Advances Bill To Expand Compensation For Wrongfully Incarcerated

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Florida Senate Panel Advances Bill To Expand Compensation For Wrongfully Incarcerated

Prison, TFP File Photo
Prison, TFP File Photo

A Florida Senate committee has approved a bill that would expand compensation for people who have been wrongfully convicted and imprisoned.

The bill, SB 130, aims to address a controversial provision in the current law that denies compensation to exonerees with prior felony convictions. Senator Jennifer Bradley, R-Fleming Island, the bill’s sponsor, highlighted that 18 exonerees who collectively served over 300 years in prison have been denied compensation since the law was passed in 2008 due to this provision.

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“This bill is not about having strong penalties against criminals who commit bad acts in our state,” Bradley emphasized. “This bill is with regard to people who have been exonerated, who have been found factually innocent by the original sentencing court.”

The Senate Criminal and Civil Justice Appropriations Committee approved the bill in a 6-2 vote.

  • Removal of “Clean Hands” Provision: The bill would eliminate the “clean hands” provision, making more exonerees eligible for compensation.
  • Extended Deadline: The deadline for exonerees to seek compensation would be extended from 90 days to two years.
  • Repayment Mechanism: A process would be established for exonerees who receive compensation to repay the state if they later receive civil settlements related to their wrongful convictions.

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Florida is currently the only state with a wrongful incarceration compensation program that excludes people with prior felony convictions. This restriction has significantly limited the number of exonerees who can receive compensation.

While the bill has garnered support for addressing a perceived injustice, some lawmakers have expressed concerns about the potential financial impact of expanding the compensation program.

The bill must clear one more Senate committee before it can go to the full Senate for a vote. A similar measure has already been approved by a House panel, signaling bipartisan support for reforming the compensation program.

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