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The Florida Statutes

The 2018 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 961
VICTIMS OF WRONGFUL INCARCERATION COMPENSATION
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F.S. 961.055
961.055 Application for compensation for a wrongfully incarcerated person; exemption from application by nolle prosequi.
(1) A person alleged to be a wrongfully incarcerated person who was convicted and sentenced to death on or before December 31, 1979, is exempt from the application provisions of ss. 961.03, 961.04, and 961.05 in the determination of wrongful incarceration and eligibility to receive compensation pursuant to s. 961.06 if:
(a) The Governor issues an executive order appointing a special prosecutor to review the defendant’s conviction; and
(b) The special prosecutor thereafter enters a nolle prosequi for the charges for which the defendant was convicted and sentenced to death.
(2) The nolle prosequi constitutes conclusive proof that the defendant is innocent of the offenses charged and is eligible to receive compensation under this chapter.
(3) This section is repealed July 1, 2018.
History.s. 1, ch. 2014-198; s. 7, ch. 2017-120.