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HB 59

Compensation of Victims of Wrongful Incarceration

2025 Regular Session Introduced by Fentrice Driskell and 1 co-sponsor

Florida legislation establishing state compensation for wrongfully incarcerated individuals, creating a formal restitution process for exonerees and acknowledging state liability for unjust imprisonment.

Laid on Table, companion bill(s) passed, see SB 130 (Ch. 2025-194)
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Bill Summary · HB 59

Legislative bill overview

HB 59 establishes a compensation framework for individuals who were wrongfully incarcerated in Florida. The bill creates a mechanism through which exonerated individuals can seek monetary damages from the state for the time they spent imprisoned due to errors in the justice system. This legislation provides a formal legal pathway and potentially sets specific compensation amounts or calculation methods for victims of wrongful conviction.

Why is this important

Wrongful incarceration represents a severe deprivation of liberty and causes documented psychological, financial, and social harm to exonerees. Without dedicated compensation legislation, wrongfully convicted individuals have limited recourse and must navigate complex tort claims or federal lawsuits to recover damages. This bill acknowledges state responsibility and provides a more direct remedy for a recognized injustice.

Potential points of contention

  • Compensation amount and caps: Disagreement over whether proposed per-diem rates or aggregate caps adequately reflect the harm of lost years, or whether they're fiscally sustainable for the state
  • Eligibility criteria: Questions about what standard of proof is required (DNA evidence, gubernatorial pardon, post-conviction relief) and whether some exonerees may be excluded
  • Burden on state budget: Concerns from fiscal conservatives about long-term liability exposure and whether compensation funds should come from criminal justice reform budgets or general revenue

Compiled from official sources — confirm details with the bill’s official record.

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