FloridaSB 1302025SenateWALLET

Compensation of Victims of Wrongful Incarceration

Sponsored By: Jennifer Bradley (Republican)

Signed by Governor

AppropriationCriminal JusticeAppropriations Committee on Criminal and Civil JusticeFiscal PolicyHouse Calendar

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 3 benefits, 1 costs, 3 mixed.

More wrongly imprisoned people qualify

Beginning July 1, 2025, Florida removes prior violent-felony and other felony exclusions from wrongful incarceration compensation. Time spent also serving a lawful sentence for another felony still does not qualify. Once entitlement is determined, state agencies must immediately clear records from the wrongful arrest, conviction, and incarceration. All record-clearing fees are waived.

More claimants qualify for inflation adjustments

Compensation is $50,000 per year of wrongful imprisonment, with partial years prorated and total monetary compensation capped at $2 million. Beginning July 1, 2025, Florida's Chief Financial Officer can adjust that annual rate for inflation for more claimants. The change covers people found wrongfully incarcerated after December 31, 2005, instead of after December 31, 2008. The adjustment is optional; the law sets no formula or guaranteed increase. Separate awards for fines, penalties, court costs, legal fees, and employment or tuition-fee waivers are not included.

More time to seek wrongful imprisonment compensation

For convictions and sentences overturned on or after July 1, 2025, the filing deadline is two years. The clock starts after the order becomes final and charges are dismissed or a retrial ends in acquittal. A special window covers cases with both steps completed from January 1, 2006, through June 30, 2025. It covers petitions dismissed or never filed because dismissal or acquittal came more than 90 days after the final order. It also covers petitions blocked by the former unrelated-felony rule. These petitions must be filed by July 1, 2027.

Civil lawsuits remain open, but recoveries count

Beginning July 1, 2025, a related civil lawsuit no longer blocks compensation, and claimants need not give up civil claims. Claimants must notify the Department of Legal Affairs when filing related damages lawsuits against the state or local governments. The department's compensation notice creates a lien against a related judgment or settlement, accounting for attorney fees and costs. Earlier civil recoveries reduce compensation after attorney fees and costs are excluded. Later recoveries require repayment of compensation already paid, less those fees and costs, capped at the civil recovery. Courts must award the required repayment to the state. Claimants cannot apply while a state claim bill is pending or pursue one while their compensation application remains unresolved. Department notice that an applicant qualifies bars claim-bill recovery; a claim-bill award bars compensation under this law. Compensation payments do not waive the state's legal immunity or raise existing liability limits.

Protected compensation payments wait during imprisonment

Beginning July 1, 2025, compensation is paid through an annuity—scheduled payments lasting at least 10 years. The Department of Legal Affairs must notify Florida's Chief Financial Officer within 15 calendar days after determining compensation qualifies. The state buys the annuity from an insurer using General Revenue or another source designated by lawmakers. Its terms must maximize the claimant's benefit, continue payments to beneficiaries after death, and prohibit sale, discounting, or use as collateral. The state cannot buy it while the claimant is imprisoned for a different felony, including following parole or probation revocation. The purchase must wait until that imprisonment ends; payment is delayed, not canceled.

Heirs cannot file wrongful imprisonment claims

Beginning July 1, 2025, heirs cannot file compensation petitions for a deceased person who was wrongfully incarcerated. The same ban applies to successors and people assigned that person's claim.

Regular compensation claims receive yearly funding

Starting in budget year 2025–2026, Florida provides enough General Revenue money each year for approved regular-deadline compensation claims. Approved claims filed through the historical window ending July 1, 2027, need a separate appropriation. The law sets no fixed total funding amount.

Sponsors & Cosponsors

Sponsor

Jennifer Bradley
Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 189 • No: 0

House vote • 4/29/2025

House Floor Vote

Yes: 116 • No: 0

Senate vote • 3/27/2025

Senate Floor Vote

Yes: 38 • No: 0

Senate vote • 3/20/2025

Fiscal Policy Vote

Yes: 19 • No: 0

Senate vote • 3/5/2025

Appropriations Committee on Criminal and Civil Justice Vote

Yes: 8 • No: 0

Senate vote • 2/11/2025

Criminal Justice Vote