Florida Statute 961.04 | 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. 961.04

961.04 Eligibility for compensation for wrongful incarceration.—A wrongfully incarcerated person is not eligible for compensation under the act if:

(1) Before the person’s wrongful conviction and incarceration, the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, any violent felony, or a crime committed in another jurisdiction the elements of which would constitute a violent felony in this state, or a crime committed against the United States which is designated a violent felony, excluding any delinquency disposition;

(2) Before the person’s wrongful conviction and incarceration, the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, more than one felony that is not a violent felony, or more than one crime committed in another jurisdiction, the elements of which would constitute a felony in this state, or more than one crime committed against the United States which is designated a felony, excluding any delinquency disposition;

(3) During the person’s wrongful incarceration, the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, any violent felony;

(4) During the person’s wrongful incarceration, the person was convicted of, or pled guilty or nolo contendere to, regardless of adjudication, more than one felony that is not a violent felony; or

(5) During the person’s wrongful incarceration, the person was also serving a concurrent sentence for another felony for which the person was not wrongfully convicted.

History.—s. 4, ch. 2008-39; s. 2, ch. 2017-120.

F.S. 961.04 on Google Scholar

F.S. 961.04 on Casetext

Amendments to 961.04

Arrestable Offenses / Crimes under Fla. Stat. 961.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 961.04.

Annotations, Discussions, Cases:

Cases Citing Statute 961.04

Total Results: 10

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: is "ineligible under the provisions of [section] 961.04" or it can transfer the matter to the Division

Benson v. Norwegian Cruise Line Ltd.

Court: District Court of Appeal of Florida | Date Filed: 2003-11-05

Citation: 859 So. 2d 1213, 2003 WL 22491477

Snippet: Alabama and Florida, 363 U.S. 1, 4-36, 80 S.Ct. 961, 4 L.Ed.2d 1025 (1960) (hereafter "United States v

Benson v. Norwegian Cruise Line Ltd.

Court: District Court of Appeal of Florida | Date Filed: 2003-01-15

Citation: 834 So. 2d 915, 2003 WL 118278

Snippet: Alabama and Florida, 363 U.S. 1, 4-36, 80 S.Ct. 961, 4 L.Ed.2d 1025 (1960) (hereafter "United States v

Major v. State

Court: Supreme Court of Florida | Date Filed: 2002-03-28

Citation: 814 So. 2d 424, 2002 WL 468113

Snippet: guilty or no contest plea. See Ginebra, 511 So.2d at 961.[4] We do agree, though, with Major and the Second

Darbie v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-05-20

Citation: 711 So. 2d 1280, 1998 WL 251195

Snippet: 80 S.Ct. 961, 4 L.Ed.2d 1025 (1960); United States v. Florida, 363 U.S. 121, 80 S.Ct. 961, 4 L.Ed.2d 1025

State, Department of Natural Resources v. Southeastern Fisheries Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1982-06-18

Citation: 415 So. 2d 1326, 1982 Fla. App. LEXIS 20316

Snippet: States of Louisiana, etc., 363 U.S. 1, 80 S.Ct. 961, 4 L.Ed.2d 1025 (1960). In Burns v. Rozen, this court

Moresca v. Allstate Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 1970-02-06

Citation: 231 So. 2d 283, 1970 Fla. App. LEXIS 6929

Snippet: termination has elapsed. Gates v. Bucki, 53 F. 961, 4 C.C.A. 116; Zimmerman v. So Relle, 80 F. 417, 25

Burns v. Rozen

Court: District Court of Appeal of Florida | Date Filed: 1967-05-18

Citation: 201 So. 2d 629, 1967 Fla. App. LEXIS 4659

Snippet: States of Louisiana, etc., 363 U.S. 1, 80 S.Ct. 961, 4 L.Ed.2d 1025 (1960). The only dispute is whether

Mounier v. State

Court: Supreme Court of Florida | Date Filed: 1965-04-14

Citation: 178 So. 2d 714

Snippet: United States v. Louisiana, 363 U.S. 1, 80 S.Ct. 961, 4 L.Ed.2d 1025, the actual legal boundaries of the

Miller v. Griffin

Court: Supreme Court of Florida | Date Filed: 1930-05-03

Citation: 128 So. 416, 99 Fla. 976

Snippet: Co., 72 Fed. R. 575; Gates v. Bucki, 53 Fed. R. 961, 4 C. C. A. 116. It is not a question of supremacy