961.02 Definitions. - Florida Statutes

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) “Wrongfully incarcerated person” means a person whose felony conviction and sentence have been vacated by a court of competent jurisdiction and, with respect to whom pursuant to the requirements of s. 961.03, the original sentencing court has issued its order finding that the person neither committed 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 accomplice or accessory to a person who committed the act or offense.

   (5) “Eligible for compensation” means a person meets the definition of “wrongfully incarcerated person” and is not disqualified from seeking compensation under the criteria prescribed in s. 961.04.

   (6) “Entitled to compensation” means a person meets the definition of “eligible for compensation” and satisfies the application requirements prescribed in s. 961.05, and may receive compensation pursuant to s. 961.06.

History. s. 2, ch. 2008-39.