Florida Statute 961.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 961
VICTIMS OF WRONGFUL INCARCERATION COMPENSATION

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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 Citing Statute 961.02

Total Results: 7

RAY JAMES v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-01T00:53:00-07:00

Snippet: se. PER CURIAM. Affirmed. See §§ 961.02(7), 961.03(1)(b)(1), Fla. Stat. (2018); James v

Fessenden v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-29T00:00:00-07:00

Citation: 52 So. 3d 1

Snippet: incarcerated person" under the statute. §§ 961.02(4), .03.[2] An official determination that one …Wrongfully Incarcerated Person" in Section 961.02(4) must Be Read in Conjunction with the Provisions…person" as that term is defined in section 961.02(4). That definition states: "Wrongfully incarcerated…to a person who committed the act or offense. § 961.02(4). Mr. Fessenden clearly has had his conviction…for the conviction and incarceration." See § 961.02(4). The error in Mr. Fessenden's criminal

Marshall Lodge No. 39, A. F. A. M. v. Woodson

Court: Fla. | Date Filed: 1939-07-28T00:00:00-08:00

Citation: 190 So. 749, 139 Fla. 579

Snippet: its plain and obvious meaning.' 25 R. C. L. 961-2. "It follows that where a claim against an

Smith v. Feschheimer

Court: Fla. | Date Filed: 1936-06-30T00:00:00-08:00

Citation: 169 So. 395, 124 Fla. 757

Snippet: its plain and obvious meaning." 25 R.C.L. 961-2. "It follows that where a claim against an

Realty Bond & Share Co. v. Englar

Court: Fla. | Date Filed: 1932-02-23T00:00:00-08:00

Citation: 143 So. 152, 104 Fla. 329

Snippet: A.L.R. 922; U.S. vs. Ninety-Nine Diamonds, 139 Fed. 961, 2 L.R.A. (N.S.) 185; U.S. vs. Kirby, 7 Wall. 482,

A. R. Douglass, Inc. v. McRainey, as Admrx.

Court: Fla. | Date Filed: 1931-10-08T00:00:00-08:00

Citation: 137 So. 157, 102 Fla. 1141

Snippet: given its plain and obvious meaning. 25 R. C. L. 961-2. It follows that where a claim against an estate

Bennett v. Filyaw

Court: Fla. | Date Filed: 1847-01-15T00:00:02-07:52:58

Citation: 1 Fla. 403

Snippet: T. R., 143. 1 Bell’s Com., 467. 2 Steph. N. P., 961. 2 Kent, C. 597, and 2 Am. C. Law cases, 527. But