Florida Senate - 2020                              (NP)    SB 24
       
       
        
       By Senator Torres
       
       
       
       
       
       15-00274-20                                             202024__
    1                        A bill to be entitled                      
    2         An act providing for the relief of Clemente Aguirre
    3         Jarquin; providing an appropriation to compensate
    4         Clemente Aguirre-Jarquin for being wrongfully
    5         incarcerated for nearly 15 years; directing the Chief
    6         Financial Officer to draw a warrant for the purchase
    7         of an annuity; requiring the Department of Financial
    8         Services to pay specified funds; providing for the
    9         waiver of certain tuition and fees for Mr. Aguirre
   10         Jarquin; specifying conditions for payment; providing
   11         that the act does not waive certain defenses or
   12         increase the state’s limits of liability; providing a
   13         limitation on the payment of compensation; prohibiting
   14         any further award to include certain fees and costs;
   15         providing an effective date.
   16  
   17         WHEREAS, Clemente Aguirre-Jarquin was arrested on June 17,
   18  2004, tried, and convicted of two counts of first-degree murder
   19  and one count of burglary with an assault or battery on February
   20  28, 2006, and sentenced to death on June 30, 2006, and
   21         WHEREAS, Clemente Aguirre-Jarquin has always maintained his
   22  innocence, and
   23         WHEREAS, Clemente Aguirre-Jarquin spent 10 years and 8
   24  months on death row, and
   25         WHEREAS, new DNA, forensic, and testimonial evidence
   26  discovered after his 2006 conviction and death sentence
   27  powerfully show Clemente Aguirre-Jarquin’s innocence and point
   28  to another suspect whose DNA was found at the crime scene and
   29  who has confessed to these crimes on multiple occasions, and
   30         WHEREAS, in October of 2016, based on that new evidence,
   31  the Florida Supreme Court unanimously reversed an order from the
   32  Circuit Court for the 18th Judicial Circuit that had denied
   33  Clemente Aguirre-Jarquin’s motion for a new trial based on the
   34  new evidence, and
   35         WHEREAS, the Florida Supreme Court vacated Clemente
   36  Aguirre-Jarquin’s convictions and death sentence, and remanded
   37  the case to the Circuit Court for the 18th Judicial Circuit for
   38  a new trial, and
   39         WHEREAS, Clemente Aguirre-Jarquin then spent another 2
   40  years incarcerated while the State Attorney’s Office continued
   41  to press charges after the remand to the Circuit Court for the
   42  18th Judicial Circuit, during which the state provided no
   43  opportunity for Clemente Aguirre-Jarquin to be released on bail
   44  pending trial, and
   45         WHEREAS, on November 5, 2018, with jury selection still in
   46  progress before the new trial and after the presentation of
   47  pretrial testimony by witnesses whom the state intended to call
   48  at trial and who supported the defense’s position that the
   49  suspect whose DNA was found at the crime scene was the person
   50  solely responsible for the murders in question, the state orally
   51  pronounced a nolle prosequi as related to the retrial of
   52  Clemente Aguirre-Jarquin, and
   53         WHEREAS, Clemente Aguirre-Jarquin was first released from
   54  the state’s custody on November 5, 2018, after spending 14
   55  years, 4 months, and 19 days, or 5,255 total days, between June
   56  17, 2004, and November 5, 2018, without interruption, in the
   57  state’s custody, and
   58         WHEREAS, there is no credible evidence of Clemente Aguirre
   59  Jarquin’s guilt, and likewise, there is clear and convincing
   60  evidence of Clemente Aguirre-Jarquin’s innocence, and
   61         WHEREAS, within 90 days of first being released from
   62  custody, Clemente Aguirre-Jarquin filed a petition to determine
   63  his eligibility for compensation under chapter 961, Florida
   64  Statutes, but the Circuit Court for the 18th Judicial Circuit
   65  ruled that the petition was untimely because it was not filed 2
   66  years earlier, or within 90 days of the Florida Supreme Court’s
   67  decision vacating his convictions and remanding the case to the
   68  circuit court for a new trial, even though Clemente Aguirre
   69  Jarquin was never released from incarceration following the
   70  Florida Supreme Court’s mandate, and
   71         WHEREAS, the Legislature acknowledges that the state’s
   72  system of justice yielded an imperfect result that had tragic
   73  consequences in Clemente Aguirre-Jarquin’s case, and
   74         WHEREAS, the Legislature acknowledges that, as a result of
   75  his continuous physical confinement, Clemente Aguirre-Jarquin
   76  suffered significant physical, mental, and emotional damages
   77  that are unique to Clemente Aguirre-Jarquin and such damages are
   78  due to the fact that he was physically restrained, often in
   79  solitary confinement, and prevented from exercising the freedom
   80  to which all innocent citizens are entitled, and
   81         WHEREAS, the Legislature is providing compensation to
   82  Clemente Aguirre-Jarquin to acknowledge the fact that he
   83  suffered significant damages that are unique to Clemente
   84  Aguirre-Jarquin, and
   85         WHEREAS, the Legislature apologizes to Clemente Aguirre
   86  Jarquin on behalf of the state, NOW, THEREFORE,
   87  
   88  Be It Enacted by the Legislature of the State of Florida:
   89  
   90         Section 1. The facts stated in the preamble to this act are
   91  found and declared to be true.
   92         Section 2. The sum of $720,000 is appropriated from the
   93  General Revenue Fund to the Department of Financial Services
   94  under the conditions provided in this act.
   95         Section 3. The Chief Financial Officer is directed to draw
   96  a warrant in the sum specified in section 2 for the purposes
   97  provided in this act.
   98         Section 4. The Department of Financial Services shall pay
   99  the funds appropriated under this act to an insurance company or
  100  other financial institution admitted and authorized to issue
  101  annuity contracts in this state and selected by Clemente
  102  Aguirre-Jarquin to purchase an annuity. The Chief Financial
  103  Officer shall execute all necessary agreements to implement this
  104  act and to maximize the benefit to Clemente Aguirre-Jarquin.
  105         Section 5. Tuition and fees for Clemente Aguirre-Jarquin
  106  shall be waived for up to a total of 120 hours of instruction at
  107  any career center established pursuant to s. 1001.44, Florida
  108  Statutes, Florida College System institution established under
  109  part III of chapter 1004, Florida Statutes, or state university.
  110  For any educational benefit made, Clemente Aguirre-Jarquin must
  111  meet and maintain the regular admission requirements of, and be
  112  registered at, such career center, institution, or state
  113  university and make satisfactory academic progress as defined by
  114  the educational institution in which he is enrolled.
  115         Section 6. The Chief Financial Officer shall purchase the
  116  annuity as required by this act within 20 days of delivery by
  117  Clemente Aguirre-Jarquin of his election of annuity, as set
  118  forth in section 4.
  119         Section 7. The Legislature does not waive any defense of
  120  sovereign immunity or increase the limits of liability on behalf
  121  of the state or any person or entity that is subject to s.
  122  768.28, Florida Statutes, or any other law.
  123         Section 8. This award is intended to provide the sole
  124  compensation for any and all present and future claims arising
  125  out of the factual situation described in this act which
  126  resulted in Clemente Aguirre-Jarquin’s arrest, conviction, and
  127  incarceration. There may not be any further award to include
  128  attorney fees, lobbying fees, costs, or other similar expenses
  129  to Clemente Aguirre-Jarquin by the state or any agency,
  130  instrumentality, or political subdivision thereof, or any other
  131  entity, including any county constitutional officer, officer, or
  132  employee, in state or federal court.
  133         Section 9. This act shall take effect upon becoming a law.