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Florida Statute 961.04 | Lawyer Caselaw & Research
F.S. 961.04 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 961.04

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. 961.04
961.04 Eligibility for compensation for wrongful incarceration.A wrongfully incarcerated person is not eligible for compensation under the act 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;
(2) Before the person’s wrongful conviction and incarceration, the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, more than one felony that is not a violent felony, or more than one crime committed in another jurisdiction, the elements of which would constitute a felony in this state, or more than one crime committed against the United States which is designated a felony, excluding any delinquency disposition;
(3) During the person’s wrongful incarceration, the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, any violent felony;
(4) During the person’s wrongful incarceration, the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, more than one felony that is not a violent felony; 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.
History.s. 4, ch. 2008-39; s. 2, ch. 2017-120.

F.S. 961.04 on Google Scholar

F.S. 961.04 on Casetext

Amendments to 961.04


Arrestable Offenses / Crimes under Fla. Stat. 961.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 961.04.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . court can either dismiss the petition if the person is “ineligible under the provisions of [section] 961.04 . . . allows the court to dismiss the petition if the petitioner is ineligible under the provisions of section 961.04 . . . Section 961.04 provides three grounds for exclusion from eligibility: (1) conviction of any prior felony . . .

IN RE THOMAS MELLOR CO., 1 E.D. Pa. 334 (E.D. Pa. 1860)

. . . The duties thereon amounted to $118,-961.04. . . .