961.04

Eligibility for compensation for wrongful incarceration.

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961.04 Eligibility for compensation for wrongful incarceration.—A wrongfully incarcerated person is not eligible for compensation under the act for any period of incarceration during which the person was concurrently serving a sentence for a conviction of another felony for which such person was lawfully incarcerated.

History.—s. 4, ch. 2008-39; s. 2, ch. 2017-120; s. 3, ch. 2025-194.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2010–2023 · leading case: People v. Washington

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People v. Washington (2023) ill “Code § 2-425 (2020) (same); Fla. Stat. § 961.04 (1)-(4) (2020) (same); Va.”

Fessenden v. State (2010) fladistctapp · cites it 2× “That provision allows the court to dismiss the petition if the petitioner is ineligible under the provisions of section 961.04. Section 961.04 provides three grounds for exclusion from eligibility: (1) conviction of any prior felony in Florida or another state, (2) conviction of…”

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