Florida Statutes

Fla. Stat. § 961.01 (2025)

Short title.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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961.01 Short title.Sections 961.01-961.07 may be cited as the “Victims of Wrongful Incarceration Compensation Act.”
History.s. 1, ch. 2008-39.
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2010–2023 · leading case: Paul Kamienski Vs. State of New Jersey, Departmentof Treasury(l-2106-10, Mercer Cnty. & Statewide), 169 A.3d 493 (N.J. Super. Ct. App. Div. 2017).
Paul Kamienski Vs. State of New Jersey, Departmentof Treasury(l-2106-10, Mercer Cnty. & Statewide), 169 A.3d 493 (N.J. Super. Ct. App. Div. 2017). “2010) (interpreting Fla. Stat. §§ 961.01 -.07 (2017)); Webb v.”
David Kelly Brewster v. State of Florida, 250 So. 3d 99 (Fla. 4th DCA 2018). · cites it 2× “Pursuant to section 961.01, Florida Statutes (2017), the legislature created the Victims of Wrongful Incarceration Compensation Act, permitting compensation to persons wrongfully convicted of crimes.”
Fessenden v. State, 52 So. 3d 1 (Fla. 2d DCA 2010). “See §§ 961.01-07, Fla. Stat. (2008). This appeal appears to be the first appeal of any claim made under this statute, which first became effective in July 2008.”
Scotty Bartek v. State, 198 So. 3d 1009 (Fla. 5th DCA 2016). “See §§ 961.01-07, Fla. S'tat. (2014). Determining that the trial court was correct in dismissing Bartek’s petition as untimely filed, we affirm.”
Hanousek v. United States (M.D. Fla. 2023). “Under that statute, the Florida legislature set the amount of compensation for wrongful incarceration at ,000 per year, which, prorated, is approximately 7 per day.”
Demitro v. Bond (S.D. Fla. 2023). “§§ 961.01–.07 (providing a state law cause of action for “wrongfully incarcerated persons”).”
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This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.