Title: Relief/Barney Brown/State of Florida

Summary: Provides appropriation to compensate Barney Brown for his wrongful incarceration; provides that act does not waive certain defenses or increase state's liability; provides that appropriation satisfies all present & future claims related to wrongful incarceration; provides limitation on payment of compensation, fees, & costs.

Full Text:
WHEREAS, Mr. Brown served years in prison, during which time he maintained his innocence, and WHEREAS, in September 2008, the Circuit Court in the 11th Judicial Circuit in and for Miami-Dade County vacated the judgment and sentence of Mr. Brown as entered on September 11, 1970, because significant doubt existed as to his guilt, and WHEREAS, the Legislature acknowledges that the state's system of justice yielded an imperfect result that had tragic consequences in this case, and WHEREAS, this ac tis based on a moral desire to acknowledge those who are wrongfully convicted of a felony offense, incarcerated as a result of that conviction, and subsequently determined to actually be innocent, and is not a recognition of a constitutional right or viol ation, and WHEREAS, the Legislature is providing compensation to Mr. Brown to acknowledge the fact that he suffered significant damages that are unique to him, and WHEREAS, the Legislature intends that any compensation made pursuant to this act be the so le compensation provided by the state for any and all present and future claims arising out of the factual situation described in the preamble of this act, including the wrongful incarceration of Mr. Brown for years, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida: Section 1. The facts stated in the preamble to this act are found and declared to be true. Section 2. The sum of $1.9 million is appropriated from the General Revenue Fund to the Department of Financial Ser vices for the relief of Barney Brown for the injuries and damages he sustained. Section 3. The Chief Financial Officer is directed to draw a warrant in favor of Barney Brown in the sum of $1.9 million HB 6537 2017 upon funds of the Department of Financial Services in the State Treasury, and the Chief Financial Officer is directed to pay the same out of such funds in the State Treasury. Section 4. The Legislature by this act does not waive any defense of sovereign immunity or increase the limits of liability on behalf of the state or any person or entity that is subject to s. 768.28, Florida Statutes, or any other law. Section 5. This award is intended to provide the sole compensation for any and all present and future claims arising out of the factual situati on in connection with Barney Brown's arrest, conviction, and incarceration. There shall be no further award for attorney fees, lobbying fees, costs, or other similar expenses to Barney Brown by the state or any agency, instrumentality, or political subdivi sion thereof, or any other entity, including any county constitutional office, officer, or employee, in state or federal court. Section 6. This act shall take effect upon becoming a law.