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Reso 2025-3803
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Reso 2025-3803
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Last modified
3/14/2025 2:34:38 PM
Creation date
3/13/2025 3:17:08 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2025-3803
Date (mm/dd/yyyy)
02/20/2025
Description
Expressing Opposition to FL House Bill 301, Relating to Sovereign Immunity.
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<br /> <br />HB 301 2025 <br /> <br /> <br /> <br />CODING: Words stricken are deletions; words underlined are additions. <br />hb301-00 <br />Page 68 of 80 <br />F L O R I D A H O U S E O F R E P R E S E N T A T I V E S <br /> <br /> <br /> <br /> 961.06 Compensation for wrongful incarceration.— 1676 <br /> (5) Before the department approves the application for 1677 <br />compensation, the wrongfully incarcerated person must sign a 1678 <br />release and waiver on behalf of the wrongfully incarcerated 1679 <br />person and his or her heirs, successors, and assigns, forever 1680 <br />releasing the state or any agency, instrumentality, or any 1681 <br />political subdivision thereof, or any other entity subject to s. 1682 <br />768.28, from all present or future claims that the wrongfully 1683 <br />incarcerated person or his or her heirs, successors, or assigns 1684 <br />may have against such entities arising out of the facts in 1685 <br />connection with the wrongful conviction for which compensation 1686 <br />is being sought under the act. 1687 <br /> (6)(a) A wrongfully incarcerated person may not submit an 1688 <br />application for compensation under this act if the person has a 1689 <br />lawsuit pending against the state or any agency, 1690 <br />instrumentality, or any political subdivision thereof, or any 1691 <br />other entity subject to the provisions of s. 768.28, in state or 1692 <br />federal court requesting compensation arising out of the facts 1693 <br />in connection with the claimant's conviction and incarceration. 1694 <br /> (7) Any payment made under this act does not constitute a 1695 <br />waiver of any defense of sovereign immunity or an increase in 1696 <br />the limits of liability on behalf of the state or any person 1697 <br />subject to the provisions of s. 768.28 or other law. 1698 <br /> Section 52. For the purpose of incorporating the amendment 1699 <br />made by this act to section 768.28, Florida Statutes, in a 1700
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