Florida Statutes
Fla. Stat. § 961.02 (2025)
Definitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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) “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.
Notes of Decisions
Cited in 4
cases, 2010–2019 · leading case: Fessenden v. State, 52 So. 3d 1 (Fla. 2d DCA 2010).
Fessenden v. State, 52 So. 3d 1 (Fla. 2d DCA 2010). “§§ 961.02(4), .03. 2 An official determination that one is a “wrongfully incarcerated person” requires the person to return to the court where the judgment and sentence were vacated.”
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). “, Fla. Stat. § 961.02 (4) (2017) (requiring an order issued by the original sentencing court finding that the person did not commit "the act nor the offense that served as the basis for the conviction and incarceration and that the person did not aid, abet, or act as an…”
State of Iowa v. David R. Desimone, 839 N.W.2d 660 (Iowa 2013). “See Fla. Stat. Ann. § 961.02 (4) (West 2012); Fessenden v.”
Ray James v. State of Florida (Fla. 2d DCA 2019). “See §§ 961.02(7), 961.03(1)(b)(1), Fla. Stat.”
— 961.02(4) — 1 case
Fessenden v. State, 52 So. 3d 1 (Fla. 2d DCA 2010). “§§ 961.02(4), .03. 2 An official determination that one is a “wrongfully incarcerated person” requires the person to return to the court where the judgment and sentence were vacated.”
— 961.02(7) — 1 case
Ray James v. State of Florida (Fla. 2d DCA 2019). “See §§ 961.02(7), 961.03(1)(b)(1), Fla. Stat.”
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