The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 961
VICTIMS OF WRONGFUL INCARCERATION COMPENSATION

View Entire Chapter

F.S. 961.02

961.02 Definitions.—As used in ss. 961.01-961.07, the term:

(1) “Act” means the Victims of Wrongful Incarceration Compensation Act.

(2) “Department” means the Department of Legal Affairs.

(3) “Division” means the Division of Administrative Hearings.

(4) “Eligible for compensation” means that a person meets the definition of the term “wrongfully incarcerated person” and is not disqualified from seeking compensation under the criteria prescribed in s. 961.04.

(5) “Entitled to compensation” means that a person meets the definition of the term “eligible for compensation” and satisfies the application requirements prescribed in s. 961.05, and may receive compensation pursuant to s. 961.06.

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

(7) “Wrongfully incarcerated person” means a person whose felony conviction and sentence have been vacated by a court of competent jurisdiction and who is the subject of an order issued by the original sentencing court pursuant to s. 961.03 finding that the person did not commit the act or offense that served as the basis for the conviction and incarceration and that the person did not aid, abet, or act as an accomplice or accessory to a person who committed the act or offense.

History.—s. 2, ch. 2008-39; s. 1, ch. 2017-120.

F.S. 961.02 on Google Scholar

F.S. 961.02 on Casetext

Amendments to 961.02

Arrestable Offenses / Crimes under Fla. Stat. 961.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 961.02.

Annotations, Discussions, Cases:

Cases from cite.case.law:

H. FESSENDEN, v. STATE, 52 So. 3d 1 (Fla. Dist. Ct. App. 2010)

. . . . §§ 961.02(4), .03. . . . The Definition of “Wrongfully Incarcerated Person” in Section 961.02(4) must Be Read in Conjunction with . . . Fessenden is arguably a “wrongfully incarcerated person” as that term is defined in section 961.02(4) . . . not aid, abet, or act as an accomplice or accessory to a person who committed the act or offense. § 961.02 . . . See § 961.02(4). The error in Mr. Fessenden’s criminal case was not one of fact, but of law. . . .

Co. v., 5 B.T.A. 766 (B.T.A. 1926)

. . . respondent, net income was determined to be $9,610.20, resulting in the deficiency in question of $961.02 . . . deficiencies in income tax for the calendar years 1920 and 1921, in the respective amounts of $653.04 and $961.02 . . .