Florida 2025 Regular Session Status: In Committee Bipartisan · 1 R · 1 D cosponsors

HB 59 — Compensation of Victims of Wrongful Incarceration

Last action — Laid on Table, companion bill(s) passed, see SB 130 (Ch. 2025-194)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Compensation of Victims of Wrongful Incarceration; Expands period during which petition for compensation for wrongful incarceration may be filed; provides that certain persons who had petitions dismissed or who had not previously filed such petitions may file such petitions; removes provisions excluding persons convicted of violent felonies from compensation; removes other exclusions; revises provisions concerning offset of civil judgments in favor of claimants against awards; provides that CFO may not draw warrant to purchase annuity for claimant in certain circumstances; revises provisions concerning continuing appropriations; provides that certain payments are subject to specific appropriation.

Bill Text

What changed in the latest version

314 added · 311 removed

314 line(s) added, 311 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 59 2025 A bill to be entitled An act relating to compensation of victims of wrongful incarceration;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2025 A bill to be entitled An act relating to compensation of victims of wrongful incarceration;
prohibiting a deceased person's heirs, successors, or assigns from filing a petition;
revising provisions concerning a continuing appropriation for certain payments;
revising provisions concerning a continuing appropriation for certain Page 1 of 12 CODING:
providing that certain payments are subject to specific Page 1 of 12 CODING:
hb59-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 59 2025 appropriation;
hb59-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2025 payments;
providing that certain payments are subject to specific appropriation;
Paragraph (b) of subsection (1) of section 961.03, Florida Statutes, is amended to read:
Paragraph (b) of subsection (1) of section 961.03, Florida Statutes, is amended, and paragraph (c) is added to that subsection, to read:
2.
Page 2 of 12 CODING:
By July 1, 2027 2010, if the person's conviction and sentence was vacated and the criminal charges against the person were dismissed or the person was retried and acquitted on or Page 2 of 12 CODING:
hb59-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 59 2025 after January 1, 2006, but before July 1, 2025, and he or she previously filed a petition under this section that was dismissed or no petition was filed under this section because:
hb59-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2025 2.
By July 1, 2027 2010, if the person's conviction and sentence was vacated and the criminal charges against the person were dismissed or the person was retried and acquitted on or after January 1, 2006, but before July 1, 2025, and he or she previously filed a petition under this section that was dismissed or no petition was filed under this section because:
c.
(c) A deceased person's heirs, successors, or assigns do not have standing to file a petition on the deceased person's behalf under this section by an order that became final prior to July 1, 2008.
A deceased person's heirs, successors, or assigns did not have standing to file a petition on the deceased person's behalf under this section by an order that became final prior to July 1, 2008.
961.04 Eligibility for compensation for wrongful incarceration.—A wrongfully incarcerated person is not eligible for compensation under the act for any period of incarceration during which the person was concurrently serving a sentence for a conviction of another felony for which such person was lawfully incarcerated.
961.04 Eligibility for compensation for wrongful incarceration.—A wrongfully incarcerated person is not eligible for compensation under the act for any period of incarceration during which the person was concurrently serving a sentence for a conviction of another felony for which such person was Page 3 of 12 CODING:
if:
(1) Before the person's wrongful conviction and incarceration, the person was convicted of, or pled guilty or Page 3 of 12 CODING:
hb59-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 59 2025 nolo contendere to, regardless of adjudication, any violent felony, or a crime committed in another jurisdiction the elements of which would constitute a violent felony in this state, or a crime committed against the United States which is designated a violent felony, excluding any delinquency disposition;
hb59-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2025 lawfully incarcerated.
if:
(1) Before the person's wrongful conviction and incarceration, the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, any violent felony, or a crime committed in another jurisdiction the elements of which would constitute a violent felony in this state, or a crime committed against the United States which is designated a violent felony, excluding any delinquency disposition;
or (5) During the person's wrongful incarceration, the person was also serving a concurrent sentence for another felony for which the person was not wrongfully convicted.
or (5) During the person's wrongful incarceration, the person Page 4 of 12 CODING:
Section 4.
Section 961.06, Florida Statutes, is amended to Page 4 of 12 CODING:
hb59-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 59 2025 read:
hb59-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2025 was also serving a concurrent sentence for another felony for which the person was not wrongfully convicted.
Section 4.
Section 961.06, Florida Statutes, is amended to read:
remains registered at such educational institution;
remains Page 5 of 12 CODING:
and makes satisfactory academic progress as defined by the educational institution in which the claimant is enrolled.;
Page 5 of 12 CODING:
hb59-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 59 2025 (c) The amount of any fine, penalty, or court costs imposed and paid by the wrongfully incarcerated person.;
hb59-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2025 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.;
No further award for attorney attorney's fees, lobbying fees, costs, or other similar expenses shall be made by the state.
No further award for attorney Page 6 of 12 CODING:
(2) In calculating monetary compensation under paragraph Page 6 of 12 CODING:
hb59-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 59 2025 (1)(a), a wrongfully incarcerated person who is placed on parole or community supervision while serving the sentence resulting from the wrongful conviction and who commits no more than one felony that is not a violent felony which results in revocation of the parole or community supervision is eligible for compensation for the total number of years incarcerated.
hb59-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2025 attorney's fees, lobbying fees, costs, or other similar expenses shall be made by the state.
(2) In calculating monetary compensation under paragraph (1)(a), a wrongfully incarcerated person who is placed on parole or community supervision while serving the sentence resulting from the wrongful conviction and who commits no more than one felony that is not a violent felony which results in revocation of the parole or community supervision is eligible for compensation for the total number of years incarcerated.
(3)(4) 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.
(3)(4) 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 Page 7 of 12 CODING:
The Chief Financial Officer is directed to execute all necessary agreements to implement this Page 7 of 12 CODING:
hb59-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 59 2025 act and to maximize the benefit to the wrongfully incarcerated person.
hb59-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2025 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.
1.
Page 8 of 12 CODING:
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The court enters a monetary judgment in favor of the claimant in a civil action related to the claimant's wrongful incarceration;
or Page 8 of 12 CODING:
hb59-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 59 2025 2.
hb59-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2025 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 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 Page 9 of 12 CODING:
Page 9 of 12 CODING:
hb59-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 59 2025 paragraph (1)(a), less any attorney fees and costs incurred in litigating the civil action or obtaining the settlement agreement (5) Before the department approves the application for compensation, the wrongfully incarcerated person must sign a release and waiver on behalf of the wrongfully incarcerated person and his or her heirs, successors, and assigns, forever releasing the state or any agency, instrumentality, or any political subdivision thereof, or any other entity subject to s.
hb59-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2025 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 (5) Before the department approves the application for compensation, the wrongfully incarcerated person must sign a release and waiver on behalf of the wrongfully incarcerated person and his or her heirs, successors, and assigns, forever releasing the state or any agency, instrumentality, or any political subdivision thereof, or any other entity subject to s.
(7)(a)(b) 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 Page 10 of 12 CODING:
(7)(a)(b) A wrongfully incarcerated person may not submit Page 10 of 12 CODING:
hb59-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 59 2025 incarceration.
hb59-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2025 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.
(9)(a) The Chief Financial Officer may not draw a warrant to purchase an annuity for a claimant who is currently incarcerated:
(9)(a) The Chief Financial Officer may not draw a warrant Page 11 of 12 CODING:
1.
In a county, city, or federal jail or other Page 11 of 12 CODING:
hb59-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 59 2025 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;
hb59-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 59 2025 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;
hb59-00
hb59-01-c1
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill expands eligibility and modifies the provisions for compensation of victims of wrongful incarceration in Florida.

  • Section 961.02

    "Violent felony" means a felony listed in s. 775.084(1)(c)1. or s. 948.06(8)(c).

    The definition of 'violent felony' is removed.

  • Section 961.03

    within 2 years 90 days after the order vacating a conviction and sentence becomes final → within 90 days after the order vacating a conviction and sentence becomes final

    The deadline for filing a petition for compensation is extended.

  • Section 961.03

    By July 1, 2027 2010 → By July 1, 2027

    The date for filing petitions related to certain prior wrongful convictions is modified.

  • Section 961.03

    A deceased person's heirs, successors, or assigns do not have standing to file a petition on the deceased person's behalf under this section by an order that became final prior to July 1, 2008.

    It is explicitly stated that deceased persons' heirs cannot file petitions on their behalf.

  • Section 961.04

    A wrongfully incarcerated person is not eligible for compensation under the act for any period of incarceration during which the person was concurrently serving a sentence for a conviction of another felony for which such person was lawfully incarcerated. if: → A wrongfully incarcerated person is not eligible for compensation for any period of incarceration during which the person was concurrently serving a sentence for a conviction of another felony.

    The condition regarding eligibility for compensation during concurrent sentences is simplified.

  • Section 961.04

    the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, any violent felony, or a crime committed in another jurisdiction the elements of which would constitute a violent felony in this state

    Provisions excluding persons convicted of violent felonies from compensation are deleted.

  • Section 961.06

    For persons found to be wrongfully incarcerated after December 31, 2005 2008, the Chief Financial Officer may adjust the annual rate of compensation for inflation → For persons found to be wrongfully incarcerated after December 31, 2005, the Chief Financial Officer may adjust the annual rate of compensation for inflation

    The cutoff date for adjusting compensation for inflation is clarified.

  • Section 961.06

    notwithstanding any provision to the contrary in s. 943.0583 or s. 943.0585, immediate administrative expunction

    Provisions for immediate expunction of criminal records for wrongfully incarcerated individuals are strengthened.

Action History

  1. Laid on Table, companion bill(s) passed, see SB 130 (Ch. 2025-194)

  2. Added to Second Reading Calendar

  3. Bill released to House Calendar

  4. Reported out of Judiciary Committee

  5. Favorable by Judiciary Committee

  6. Added to Judiciary Committee agenda

  7. Now in Judiciary Committee

  8. Reported out of Budget Committee

  9. Favorable by Budget Committee

  10. Added to Budget Committee agenda

  11. 1st Reading (Committee Substitute 1)

  12. 1st Reading (Original Filed Version)

  13. Now in Budget Committee

  14. Referred to Judiciary Committee

  15. Referred to Budget Committee

  16. CS Filed

  17. Laid on Table under Rule 7.18(a)

  18. Reported out of Criminal Justice Subcommittee

  19. Favorable with CS by Criminal Justice Subcommittee(Amended)

  20. Favorable with amendment(s) by Criminal Justice Subcommittee

  21. Added to Criminal Justice Subcommittee agenda

  22. Now in Criminal Justice Subcommittee

  23. Referred to Judiciary Committee

  24. Referred to Budget Committee

  25. Referred to Criminal Justice Subcommittee

  26. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 161 not signed on

Sponsors (2)

Co-sponsors (1)

Not signed on (161)

161 members have not signed on to this bill.

Show all 161 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable (Judiciary Committee)

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 16000
Democrat 6000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Antone, Bruce Hadley Democrat Yea
Bracy Davis, LaVon Democrat Yea
Chambliss, Kevin D. Democrat Yea
Daley, Dan Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
López, Johanna Democrat Yea
Abbott, Shane G. Republican Yea
Albert, Jon Republican Yea
Alvarez, Daniel Antonio "Danny" Republican Yea
Anderson, Adam Republican Yea
Baker, Jessica Republican Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Cassel, Hillary Republican Yea
Fabricio, Tom Republican Yea
Koster, Traci Republican Yea
Maney, Patt Republican Yea
Owen, Michael Republican Yea
Plakon, Rachel Saunders Republican Yea
Porras, Juan Carlos Republican Yea
Salzman, Michelle Republican Yea

Official roll call →

Favorable (Budget Committee)

Passed 26 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 16004
Unaffiliated 3000
Democrat 7000
Total 26004
% of votes cast 87%0%0%13%
How each member voted (30)
Member Party Vote
Casello — Yea
Tomkow — Yea
Lopez, V. — Yea
Chambliss, Kevin D. Democrat Yea
Driskell, Fentrice Democrat Yea
Hunschofsky, Christine Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Busatta, Demi Republican Yea
Canady, Jennifer Republican Not Voting
Esposito, Tiffany Republican Not Voting
Garrison, Sam Republican Yea
Koster, Traci Republican Yea
Maney, Patt Republican Yea
McClure, Lawrence Republican Yea
Melo, Lauren Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Persons-Mulicka, Jenna Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Not Voting
Snyder, John Republican Not Voting
Tuck, Kaylee Republican Yea
Valdés, Susan L. Republican Yea

Official roll call →

Favorable With Committee Substitute (Criminal Justice Subcommittee)

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 12000
Democrat 5000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bartleman, Robin Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
López, Johanna Democrat Yea
Skidmore, Kelly Democrat Yea
Abbott, Shane G. Republican Yea
Alvarez, Daniel Antonio "Danny" Republican Yea
Baker, Jessica Republican Yea
Bankson, Douglas Michael "Doug" Republican Yea
Barnaby, Webster Republican Yea
Brackett, Robert A. "Robbie" Republican Yea
Greco, Sam Republican Yea
Grow, J.J. Republican Yea
Jacques, Berny Republican Yea
Partington, Bill Republican Yea
Plakon, Rachel Saunders Republican Yea
Yarkosky, Taylor Michael Republican Yea

Official roll call →

Subjects

public-safety civil-rights labor
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Frequently asked questions

What does HB 59 do?
Compensation of Victims of Wrongful Incarceration; Expands period during which petition for compensation for wrongful incarceration may be filed; provides that certain persons who had petitions dismissed or who had not previously filed such petitions may file such petitions; removes provisions excluding persons convicted of violent felonies from compensation; removes other exclusions; revises provisions concerning offset of civil judgments in favor of claimants against awards; provides that CFO may not draw warrant to purchase annuity for claimant in certain circumstances; revises provisions concerning continuing appropriations; provides that certain payments are subject to specific appropriation.
Who sponsors HB 59?
HB 59 is sponsored by Driskell, Fentrice (Democrat), Koster, Traci (Republican), and Criminal Justice Subcommittee.
What is the current status of HB 59?
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 59?
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