Bill Text: FL S7074 | 2010 | Regular Session | Introduced

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Bill Title: Electronic Filing/Administrative Hearings Division

Spectrum: Unknown

Status: (N/A - Dead) 2010-02-16 - Submit as committee bill by Governmental Oversight and Accountability (SB 2124) [S7074 Detail]

Download: Florida-2010-S7074-Introduced.html

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Florida Senate - 2010         (PROPOSED COMMITTEE BILL) SPB 7074 
 
FOR CONSIDERATION By the Committee on Governmental Oversight and 
Accountability 
585-00893A-10                                         20107074__ 
1                        A bill to be entitled 
2         An act relating to electronic filing in the Division 
3         of Administrative Hearings; amending ss. 440.192 and 
4         440.25, F.S.; providing procedures for filing 
5         petitions for benefits and other documents in workers’ 
6         compensation benefits proceedings; amending ss. 440.29 
7         and 440.45, F.S.; authorizing the Office of the Judges 
8         of Compensation Claims to adopt rules to implement 
9         electronic procedures; amending s. 120.54, F.S.; 
10         requiring a petitioner requesting an administrative 
11         hearing to include the petitioner’s e-mail address; 
12         creating s. 120.585, F.S.; requiring an attorney to 
13         use electronic means when filing a document with the 
14         Division of Administrative Hearings; encouraging a 
15         party not represented by an attorney to file documents 
16         whenever possible by electronic means through the 
17         division’s website; amending ss. 57.111, 120.56, 
18         120.569, 120.57, 552.40, 553.73, and 961.03, F.S.; 
19         providing for electronic procedures in administrative 
20         proceedings, including proceedings involving the 
21         Florida Building Code and compensation for wrongful 
22         incarceration; conforming provisions to changes made 
23         by the act; providing an effective date. 
24 
25  Be It Enacted by the Legislature of the State of Florida: 
26 
27         Section 1. Subsections (1) and (8) of section 440.192, 
28  Florida Statutes, are amended to read: 
29         440.192 Procedure for resolving benefit disputes.— 
30         (1) Any employee may, for any benefit that is ripe, due, 
31  and owing, file by certified mail, or by electronic means 
32  approved by the Deputy Chief Judge, with the Office of the 
33  Judges of Compensation Claims a petition for benefits which 
34  meets the requirements of this section and the definition of 
35  specificity in s. 440.02. An employee represented by an attorney 
36  shall file by electronic means approved by the Deputy Chief 
37  Judge. An employee not represented by an attorney may file by 
38  certified mail or by electronic means approved by the Deputy 
39  Chief Judge. The department shall inform employees of the 
40  location of the Office of the Judges of Compensation Claims and 
41  the office’s website address for purposes of filing a petition 
42  for benefits. The employee shall also serve copies of the 
43  petition for benefits by certified mail, or by electronic means 
44  approved by the Deputy Chief Judge, upon the employer and the 
45  employer’s carrier. The Deputy Chief Judge shall refer the 
46  petitions to the judges of compensation claims. 
47         (8) Within 14 days after receipt of a petition for benefits 
48  by certified mail or by approved electronic means, the carrier 
49  must either pay the requested benefits without prejudice to its 
50  right to deny within 120 days from receipt of the petition or 
51  file a response to petition with the Office of the Judges of 
52  Compensation Claims. The response shall be filed by electronic 
53  means approved by the Deputy Chief Judge. The carrier must list 
54  all benefits requested but not paid and explain its 
55  justification for nonpayment in the response to petition. A 
56  carrier that does not deny compensability in accordance with s. 
57  440.20(4) is deemed to have accepted the employee’s injuries as 
58  compensable, unless it can establish material facts relevant to 
59  the issue of compensability that could not have been discovered 
60  through reasonable investigation within the 120-day period. The 
61  carrier shall provide copies of the response to the filing 
62  party, employer, and claimant by certified mail or by electronic 
63  means approved by the Deputy Chief Judge. 
64         Section 2. Subsection (1) and paragraphs (a), (c), and (e) 
65  of subsection (4) of section 440.25, Florida Statutes, are 
66  amended to read: 
67         440.25 Procedures for mediation and hearings.— 
68         (1) Forty days after a petition for benefits is filed under 
69  s. 440.192, the judge of compensation claims shall notify the 
70  interested parties by order that a mediation conference 
71  concerning such petition has been scheduled unless the parties 
72  have notified the judge of compensation claims that a private 
73  mediation has been held or is scheduled to be held. A mediation, 
74  whether private or public, shall be held within 130 days after 
75  the filing of the petition. Such order must give the date the 
76  mediation conference is to be held. Such order may be served 
77  personally upon the interested parties or may be sent to the 
78  interested parties by mail or by electronic means approved by 
79  the Deputy Chief Judge. If multiple petitions are pending, or if 
80  additional petitions are filed after the scheduling of a 
81  mediation, the judge of compensation claims shall consolidate 
82  all petitions into one mediation. The claimant or the adjuster 
83  of the employer or carrier may, at the mediator’s discretion, 
84  attend the mediation conference by telephone or, if agreed to by 
85  the parties, other electronic means. A continuance may be 
86  granted upon the agreement of the parties or if the requesting 
87  party demonstrates to the judge of compensation claims that the 
88  reason for requesting the continuance arises from circumstances 
89  beyond the party’s control. Any order granting a continuance 
90  must set forth the date of the rescheduled mediation conference. 
91  A mediation conference may not be used solely for the purpose of 
92  mediating attorney’s fees. 
93         (4)(a) If the parties fail to agree to written submission 
94  of pretrial stipulations, the judge of compensation claims shall 
95  conduct a live pretrial hearing. The judge of compensation 
96  claims shall give the interested parties at least 14 days’ 
97  advance notice of the pretrial hearing by mail or by electronic 
98  means approved by the Deputy Chief Judge. 
99         (c) The judge of compensation claims shall give the 
100  interested parties at least 14 days’ advance notice of the final 
101  hearing, served upon the interested parties by mail or by 
102  electronic means approved by the Deputy Chief Judge. 
103         (e) The order making an award or rejecting the claim, 
104  referred to in this chapter as a “compensation order,” shall set 
105  forth the findings of ultimate facts and the mandate; and the 
106  order need not include any other reason or justification for 
107  such mandate. The compensation order shall be filed in the 
108  Office of the Judges of Compensation Claims at Tallahassee. A 
109  copy of such compensation order shall be sent by mail or by 
110  electronic means approved by the Deputy Chief Judge to the 
111  parties and attorneys of record and any parties not represented 
112  by an attorney at the last known address of each, with the date 
113  of mailing noted thereon. 
114         Section 3. Subsection (3) of section 440.29, Florida 
115  Statutes, is amended to read: 
116         440.29 Procedure before the judge of compensation claims.— 
117         (3) The practice and procedure before the judges of 
118  compensation claims shall be governed by rules adopted by the 
119  Office of the Judges of Compensation Claims Supreme Court, 
120  except to the extent that such rules conflict with the 
121  provisions of this chapter. 
122         Section 4. Subsection (4) of section 440.45, Florida 
123  Statutes, is amended to read: 
124         440.45 Office of the Judges of Compensation Claims.— 
125         (4) The Office of the Judges of Compensation Claims shall 
126  adopt rules to effectuate effect the purposes of this section. 
127  Such rules shall include procedural rules applicable to workers’ 
128  compensation claim resolution, including rules requiring 
129  electronic filing and service where deemed appropriate by the 
130  Deputy Chief Judge, and uniform criteria for measuring the 
131  performance of the office, including, but not limited to, the 
132  number of cases assigned and resolved disposed, the age of 
133  pending and resolved disposed cases, timeliness of decisions 
134  decisionmaking, extraordinary fee awards, and other data 
135  necessary for the judicial nominating commission to review the 
136  performance of judges as required in paragraph (2)(c). The 
137  workers’ compensation rules of procedure approved by the Supreme 
138  Court apply until the rules adopted by the Office of the Judges 
139  of Compensation Claims pursuant to this section become 
140  effective. 
141         Section 5. Paragraph (b) of subsection (5) of section 
142  120.54, Florida Statutes, is amended to read: 
143         120.54 Rulemaking.— 
144         (5) UNIFORM RULES.— 
145         (b) The uniform rules of procedure adopted by the 
146  commission pursuant to this subsection shall include, but are 
147  not limited to: 
148         1. Uniform rules for the scheduling of public meetings, 
149  hearings, and workshops. 
150         2. Uniform rules for use by each state agency that provide 
151  procedures for conducting public meetings, hearings, and 
152  workshops, and for taking evidence, testimony, and argument at 
153  such public meetings, hearings, and workshops, in person and by 
154  means of communications media technology. The rules shall 
155  provide that all evidence, testimony, and argument presented 
156  shall be afforded equal consideration, regardless of the method 
157  of communication. If a public meeting, hearing, or workshop is 
158  to be conducted by means of communications media technology, or 
159  if attendance may be provided by such means, the notice shall so 
160  state. The notice for public meetings, hearings, and workshops 
161  utilizing communications media technology shall state how 
162  persons interested in attending may do so and shall name 
163  locations, if any, where communications media technology 
164  facilities will be available. Nothing in this paragraph shall be 
165  construed to diminish the right to inspect public records under 
166  chapter 119. Limiting points of access to public meetings, 
167  hearings, and workshops subject to the provisions of s. 286.011 
168  to places not normally open to the public shall be presumed to 
169  violate the right of access of the public, and any official 
170  action taken under such circumstances is void and of no effect. 
171  Other laws relating to public meetings, hearings, and workshops, 
172  including penal and remedial provisions, shall apply to public 
173  meetings, hearings, and workshops conducted by means of 
174  communications media technology, and shall be liberally 
175  construed in their application to such public meetings, 
176  hearings, and workshops. As used in this subparagraph, 
177  “communications media technology” means the electronic 
178  transmission of printed matter, audio, full-motion video, 
179  freeze-frame video, compressed video, and digital video by any 
180  method available. 
181         3. Uniform rules of procedure for the filing of notice of 
182  protests and formal written protests. The Administration 
183  Commission may prescribe the form and substantive provisions of 
184  a required bond. 
185         4. Uniform rules of procedure for the filing of petitions 
186  for administrative hearings pursuant to s. 120.569 or s. 120.57. 
187  Such rules shall require the petition to include: 
188         a. The identification of the petitioner, including the 
189  petitioner’s e-mail address, if any, for the transmittal of 
190  subsequent documents by electronic means. 
191         b. A statement of when and how the petitioner received 
192  notice of the agency’s action or proposed action. 
193         c. An explanation of how the petitioner’s substantial 
194  interests are or will be affected by the action or proposed 
195  action. 
196         d. A statement of all material facts disputed by the 
197  petitioner or a statement that there are no disputed facts. 
198         e. A statement of the ultimate facts alleged, including a 
199  statement of the specific facts the petitioner contends warrant 
200  reversal or modification of the agency’s proposed action. 
201         f. A statement of the specific rules or statutes that the 
202  petitioner contends require reversal or modification of the 
203  agency’s proposed action, including an explanation of how the 
204  alleged facts relate to the specific rules or statutes. 
205         g. A statement of the relief sought by the petitioner, 
206  stating precisely the action petitioner wishes the agency to 
207  take with respect to the proposed action. 
208         5. Uniform rules for the filing of request for 
209  administrative hearing by a respondent in agency enforcement and 
210  disciplinary actions. Such rules shall require a request to 
211  include: 
212         a. The name, address, e-mail address, and telephone number 
213  of the party making the request and the name, address, e-mail 
214  address, and telephone number of the party’s counsel or 
215  qualified representative upon whom service of pleadings and 
216  other papers shall be made; 
217         b. A statement that the respondent is requesting an 
218  administrative hearing and disputes the material facts alleged 
219  by the petitioner, in which case the respondent shall identify 
220  those material facts that are in dispute, or that the respondent 
221  is requesting an administrative hearing and does not dispute the 
222  material facts alleged by the petitioner; and 
223         c. A reference by file number to the administrative 
224  complaint that the party has received from the agency and the 
225  date on which the agency pleading was received. 
226 
227  The agency may provide an election-of-rights form for the 
228  respondent’s use in requesting a hearing, so long as any form 
229  provided by the agency calls for the information in sub 
230  subparagraphs a. through c. and does not impose any additional 
231  requirements on a respondent in order to request a hearing, 
232  unless such requirements are specifically authorized by law. 
233         6. Uniform rules of procedure for the filing and prompt 
234  disposition of petitions for declaratory statements. The rules 
235  shall also describe the contents of the notices that must be 
236  published in the Florida Administrative Weekly under s. 120.565, 
237  including any applicable time limit for the filing of petitions 
238  to intervene or petitions for administrative hearing by persons 
239  whose substantial interests may be affected. 
240         7. Provision of a method by which each agency head shall 
241  provide a description of the agency’s organization and general 
242  course of its operations. The rules shall require that the 
243  statement concerning the agency’s organization and operations be 
244  published on the agency’s website. 
245         8. Uniform rules establishing procedures for granting or 
246  denying petitions for variances and waivers pursuant to s. 
247  120.542. 
248         Section 6. Section 120.585, Florida Statutes, is created to 
249  read: 
250         120.585 Electronic filing.—Any document filed with the 
251  division by a party represented by an attorney must be filed by 
252  electronic means through the division’s website. Any document 
253  filed with the division by a party who is not represented by an 
254  attorney shall, whenever possible, be filed by electronic means 
255  through the division’s website. 
256         Section 7. Paragraph (b) of subsection (4) of section 
257  57.111, Florida Statutes, is amended to read: 
258         57.111 Civil actions and administrative proceedings 
259  initiated by state agencies; attorneys’ fees and costs.— 
260         (4) 
261         (b)1. To apply for an award under this section, the 
262  attorney for the prevailing small business party must submit an 
263  itemized affidavit to the court which first conducted the 
264  adversarial proceeding in the underlying action, or by 
265  electronic means through the division’s website to the Division 
266  of Administrative Hearings, which shall assign an administrative 
267  law judge, in the case of a proceeding pursuant to chapter 120, 
268  which affidavit shall reveal the nature and extent of the 
269  services rendered by the attorney as well as the costs incurred 
270  in preparations, motions, hearings, and appeals in the 
271  proceeding. 
272         2. The application for an award of attorney’s fees must be 
273  made within 60 days after the date that the small business party 
274  becomes a prevailing small business party. 
275         Section 8. Paragraphs (c) and (d) of subsection (1) of 
276  section 120.56, Florida Statutes, are amended to read: 
277         120.56 Challenges to rules.— 
278         (1) GENERAL PROCEDURES FOR CHALLENGING THE VALIDITY OF A 
279  RULE OR A PROPOSED RULE.— 
280         (c) The petition shall be filed by electronic means with 
281  the division, which shall, immediately upon filing, forward by 
282  electronic means copies to the agency whose rule is challenged, 
283  the Department of State, and the committee. Within 10 days after 
284  receiving the petition, the division director shall, if the 
285  petition complies with the requirements of paragraph (b), assign 
286  an administrative law judge who shall conduct a hearing within 
287  30 days thereafter, unless the petition is withdrawn or a 
288  continuance is granted by agreement of the parties or for good 
289  cause shown. Evidence of good cause includes, but is not limited 
290  to, written notice of an agency’s decision to modify or withdraw 
291  the proposed rule or a written notice from the chair of the 
292  committee stating that the committee will consider an objection 
293  to the rule at its next scheduled meeting. The failure of an 
294  agency to follow the applicable rulemaking procedures or 
295  requirements set forth in this chapter shall be presumed to be 
296  material; however, the agency may rebut this presumption by 
297  showing that the substantial interests of the petitioner and the 
298  fairness of the proceedings have not been impaired. 
299         (d) Within 30 days after the hearing, the administrative 
300  law judge shall render a decision and state the reasons therefor 
301  in writing. The division shall forthwith transmit by electronic 
302  means copies of the administrative law judge’s decision to the 
303  agency, the Department of State, and the committee. 
304         Section 9. Paragraph (a) of subsection (2) of section 
305  120.569, Florida Statutes, is amended to read: 
306         120.569 Decisions which affect substantial interests.— 
307         (2)(a) Except for any proceeding conducted as prescribed in 
308  s. 120.56, a petition or request for a hearing under this 
309  section shall be filed with the agency. If the agency requests 
310  an administrative law judge from the division, it shall so 
311  notify the division by electronic means through the division’s 
312  website within 15 days after receipt of the petition or request. 
313  A request for a hearing shall be granted or denied within 15 
314  days after receipt. On the request of any agency, the division 
315  shall assign an administrative law judge with due regard to the 
316  expertise required for the particular matter. The referring 
317  agency shall take no further action with respect to a proceeding 
318  under s. 120.57(1), except as a party litigant, as long as the 
319  division has jurisdiction over the proceeding under s. 
320  120.57(1). Any party may request the disqualification of the 
321  administrative law judge by filing an affidavit with the 
322  division prior to the taking of evidence at a hearing, stating 
323  the grounds with particularity. 
324         Section 10. Paragraph (d) of subsection (3) of section 
325  120.57, Florida Statutes, is amended to read: 
326         120.57 Additional procedures for particular cases.— 
327         (3) ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO 
328  CONTRACT SOLICITATION OR AWARD.—Agencies subject to this chapter 
329  shall use the uniform rules of procedure, which provide 
330  procedures for the resolution of protests arising from the 
331  contract solicitation or award process. Such rules shall at 
332  least provide that: 
333         (d)1. The agency shall provide an opportunity to resolve 
334  the protest by mutual agreement between the parties within 7 
335  days, excluding Saturdays, Sundays, and state holidays, after 
336  receipt of a formal written protest. 
337         2. If the subject of a protest is not resolved by mutual 
338  agreement within 7 days, excluding Saturdays, Sundays, and state 
339  holidays, after receipt of the formal written protest, and if 
340  there is no disputed issue of material fact, an informal 
341  proceeding shall be conducted pursuant to subsection (2) and 
342  applicable agency rules before a person whose qualifications 
343  have been prescribed by rules of the agency. 
344         3. If the subject of a protest is not resolved by mutual 
345  agreement within 7 days, excluding Saturdays, Sundays, and state 
346  holidays, after receipt of the formal written protest, and if 
347  there is a disputed issue of material fact, the agency shall 
348  refer the protest to the division by electronic means through 
349  the division’s website for proceedings under subsection (1). 
350         Section 11. Subsection (1) of section 552.40, Florida 
351  Statutes, is amended to read: 
352         552.40 Administrative remedy for alleged damage due to the 
353  use of explosives in connection with construction materials 
354  mining activities.— 
355         (1) A person may initiate an administrative proceeding to 
356  recover damages resulting from the use of explosives in 
357  connection with construction materials mining activities by 
358  filing a petition with the Division of Administrative Hearings 
359  by electronic means through the division’s website on a form 
360  provided by it and accompanied by a filing fee of $100 within 
361  180 days after the occurrence of the alleged damage. If the 
362  petitioner submits an affidavit stating that the petitioner’s 
363  annual income is less than 150 percent of the applicable federal 
364  poverty guideline published in the Federal Register by the 
365  United States Department of Health and Human Services, the $100 
366  filing fee must be waived. 
367         Section 12. Paragraph (b) of subsection (4) of section 
368  553.73, Florida Statutes, is amended to read: 
369         553.73 Florida Building Code.— 
370         (4) 
371         (b) Local governments may, subject to the limitations of 
372  this section, adopt amendments to the technical provisions of 
373  the Florida Building Code which apply solely within the 
374  jurisdiction of such government and which provide for more 
375  stringent requirements than those specified in the Florida 
376  Building Code, not more than once every 6 months. A local 
377  government may adopt technical amendments that address local 
378  needs if: 
379         1. The local governing body determines, following a public 
380  hearing which has been advertised in a newspaper of general 
381  circulation at least 10 days before the hearing, that there is a 
382  need to strengthen the requirements of the Florida Building 
383  Code. The determination must be based upon a review of local 
384  conditions by the local governing body, which review 
385  demonstrates by evidence or data that the geographical 
386  jurisdiction governed by the local governing body exhibits a 
387  local need to strengthen the Florida Building Code beyond the 
388  needs or regional variation addressed by the Florida Building 
389  Code, that the local need is addressed by the proposed local 
390  amendment, and that the amendment is no more stringent than 
391  necessary to address the local need. 
392         2. Such additional requirements are not discriminatory 
393  against materials, products, or construction techniques of 
394  demonstrated capabilities. 
395         3. Such additional requirements may not introduce a new 
396  subject not addressed in the Florida Building Code. 
397         4. The enforcing agency shall make readily available, in a 
398  usable format, all amendments adopted pursuant to this section. 
399         5. Any amendment to the Florida Building Code shall be 
400  transmitted within 30 days by the adopting local government to 
401  the commission. The commission shall maintain copies of all such 
402  amendments in a format that is usable and obtainable by the 
403  public. Local technical amendments shall not become effective 
404  until 30 days after the amendment has been received and 
405  published by the commission. 
406         6. Any amendment to the Florida Building Code adopted by a 
407  local government pursuant to this paragraph shall be effective 
408  only until the adoption by the commission of the new edition of 
409  the Florida Building Code every third year. At such time, the 
410  commission shall review such amendment for consistency with the 
411  criteria in paragraph (8)(a) and adopt such amendment as part of 
412  the Florida Building Code or rescind the amendment. The 
413  commission shall immediately notify the respective local 
414  government of the rescission of any amendment. After receiving 
415  such notice, the respective local government may readopt the 
416  rescinded amendment pursuant to the provisions of this 
417  paragraph. 
418         7. Each county and municipality desiring to make local 
419  technical amendments to the Florida Building Code shall by 
420  interlocal agreement establish a countywide compliance review 
421  board to review any amendment to the Florida Building Code, 
422  adopted by a local government within the county pursuant to this 
423  paragraph, that is challenged by any substantially affected 
424  party for purposes of determining the amendment’s compliance 
425  with this paragraph. If challenged, the local technical 
426  amendments shall not become effective until time for filing an 
427  appeal pursuant to subparagraph 8. has expired or, if there is 
428  an appeal, until the commission issues its final order 
429  determining the adopted amendment is in compliance with this 
430  subsection. 
431         8. If the compliance review board determines such amendment 
432  is not in compliance with this paragraph, the compliance review 
433  board shall notify such local government of the noncompliance 
434  and that the amendment is invalid and unenforceable until the 
435  local government corrects the amendment to bring it into 
436  compliance. The local government may appeal the decision of the 
437  compliance review board to the commission. If the compliance 
438  review board determines such amendment to be in compliance with 
439  this paragraph, any substantially affected party may appeal such 
440  determination to the commission. Any such appeal shall be filed 
441  with the commission within 14 days of the board’s written 
442  determination. The commission shall promptly refer the appeal to 
443  the Division of Administrative Hearings by electronic means 
444  through the division’s website for the assignment of an 
445  administrative law judge. The administrative law judge shall 
446  conduct the required hearing within 30 days, and shall enter a 
447  recommended order within 30 days of the conclusion of such 
448  hearing. The commission shall enter a final order within 30 days 
449  thereafter. The provisions of chapter 120 and the uniform rules 
450  of procedure shall apply to such proceedings. The local 
451  government adopting the amendment that is subject to challenge 
452  has the burden of proving that the amendment complies with this 
453  paragraph in proceedings before the compliance review board and 
454  the commission, as applicable. Actions of the commission are 
455  subject to judicial review pursuant to s. 120.68. The compliance 
456  review board shall determine whether its decisions apply to a 
457  respective local jurisdiction or apply countywide. 
458         9. An amendment adopted under this paragraph shall include 
459  a fiscal impact statement which documents the costs and benefits 
460  of the proposed amendment. Criteria for the fiscal impact 
461  statement shall include the impact to local government relative 
462  to enforcement, the impact to property and building owners, as 
463  well as to industry, relative to the cost of compliance. The 
464  fiscal impact statement may not be used as a basis for 
465  challenging the amendment for compliance. 
466         10. In addition to subparagraphs 7. and 9., the commission 
467  may review any amendments adopted pursuant to this subsection 
468  and make nonbinding recommendations related to compliance of 
469  such amendments with this subsection. 
470         Section 13. Paragraph (b) of subsection (4) of section 
471  961.03, Florida Statutes, is amended to read: 
472         961.03 Determination of status as a wrongfully incarcerated 
473  person; determination of eligibility for compensation.— 
474         (4) 
475         (b) If the prosecuting authority responds as set forth in 
476  paragraph (2)(b), and the court determines that the petitioner 
477  is eligible under the provisions of s. 961.04, but the 
478  prosecuting authority contests the nature, significance or 
479  effect of the evidence of actual innocence, or the facts related 
480  to the petitioner’s alleged wrongful incarceration, the court 
481  shall set forth its findings and transfer the petition by 
482  electronic means through the division’s website to the division 
483  for findings of fact and a recommended determination of whether 
484  the petitioner has established that he or she is a wrongfully 
485  incarcerated person who is eligible for compensation under this 
486  act. 
487         Section 14. This act shall take effect July 1, 2010.