Florida Statutes 961.02 – Definitions
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 961.02
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
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) “Eligible for compensation” means that a person meets the definition of the term “wrongfully incarcerated person” and is not disqualified from seeking compensation under the criteria prescribed in s. 961.04.
(5) “Entitled to compensation” means that a person meets the definition of the term “eligible for compensation” and satisfies the application requirements prescribed in s. 961.05, and may receive compensation pursuant to s. 961.06.
(7) “Wrongfully incarcerated person” means a person whose felony conviction and sentence have been vacated by a court of competent jurisdiction and who is the subject of an order issued by the original sentencing court pursuant to s. 961.03 finding that the person did not commit the act or 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.