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: District Court of Appeal of Florida | Date Filed: 2019-05-01

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

Fessenden v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-10-29

Citation: 52 So. 3d 1, 2010 Fla. App. LEXIS 16342, 2010 WL 4260952

Snippet: "wrongfully incarcerated person" under the statute. §§ 961.02(4), .03.[2] An official determination that one

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

Court: Supreme Court of Florida | Date Filed: 1939-07-28

Citation: 190 So. 749, 139 Fla. 579, 1939 Fla. LEXIS 1708

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

Smith v. Feschheimer

Court: Supreme Court of Florida | Date Filed: 1936-06-30

Citation: 169 So. 395, 124 Fla. 757, 1936 Fla. LEXIS 1190

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

Realty Bond & Share Co. v. Englar

Court: Supreme Court of Florida | Date Filed: 1932-02-23

Citation: 143 So. 152, 104 Fla. 329

Snippet: 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: Supreme Court of Florida | Date Filed: 1931-10-08

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: Supreme Court of Florida | Date Filed: 1847-01-15

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