Fla. Stat. § 961.06 — Florida Code / Title XLVII / Chapter 961 / Section 961.06
961.06 Compensation for wrongful incarceration.
Status: in_force

(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.

History: s. 6, ch. 2008-39; s. 6, ch. 2013-98; s. 3, ch. 2014-198; s. 103, ch. 2015-2; s. 3, ch. 2017-120; s. 134, ch. 2023-8; s. 68, ch. 2024-2; s. 4, ch. 2025-194.