CS/CS/HB 125

1	A bill to be entitled
2	An act for the relief of Alan Jerome Crotzer; providing an
3	appropriation to compensate Alan Jerome Crotzer for
4	wrongful imprisonment and for being a victim of a
5	miscarriage of justice; directing the Chief Financial
6	Officer to draw a warrant; requiring the purchase of an
7	annuity; providing for the waiver of specified tuition and
8	fees; providing conditions for payment; providing
9	legislative intent; providing an effective date.
10
11	WHEREAS, in 1982, Alan Jerome Crotzer was convicted in
12	Hillsborough County, Florida, of rape, robbery, and kidnapping,
13	and was sentenced to 130 years in prison, and
14	WHEREAS, Alan Jerome Crotzer may also be known as Allen
15	Jerome Crotzer in the criminal pleadings of this case, and
16	WHEREAS, after serving more than 24 and 1/2 years in
17	prison, during which time he diligently maintained his
18	innocence, Alan Jerome Crotzer has been fully exonerated through
19	DNA tests, and
20	WHEREAS, an order of the circuit court, entered on the
21	motion of the state attorney, has judicially established the
22	fact that Alan Jerome Crotzer should not have been incarcerated,
23	as significant doubt exists as to his guilt, and
24	WHEREAS, DNA testing of evidence has excluded Alan Jerome
25	Crotzer as the person who committed the crimes for which he was
26	convicted, and
27	WHEREAS, the Legislature recognizes that no system of
28	justice is impervious to human error, and
29	WHEREAS, United States v. Hasting, 461 U.S. 499 (1983),
30	reads, in part, "Given the myriad safeguards provided to assure
31	a fair trial, and taking into account the reality of the human
32	fallibility of the participants, there can be no such thing as
33	an error-free, perfect trial, and . . . the Constitution does
34	not guarantee such a trial.", and
35	WHEREAS, the Legislature acknowledges that the state's
36	system of justice infrequently yields imperfect results which
37	may have tragic consequences, and
38	WHEREAS, this act is based on a moral desire to acknowledge
39	those who are wrongfully convicted of a felony offense,
40	incarcerated as a result of that conviction, and determined to
41	be actually innocent and is not a recognition of a
42	constitutional right or violation, and
43	WHEREAS, the Legislature intends that any compensation made
44	pursuant to this act be the sole compensation to be provided by
45	the state for any and all present and future claims arising out
46	of the factual situation in connection with the claimant's
47	conviction and imprisonment, NOW, THEREFORE,
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1.  The facts stated in the preamble to this act
52	are found and declared to be true.
53	Section 2.  There is appropriated from the General Revenue
54	Fund the sum of $1,250,000 to the Department of Financial
55	Services under the conditions provided in this act.
56	Section 3.  The Chief Financial Officer is directed to draw
57	a warrant in the sum of $1,250,000 for the purposes provided in
58	this act.
59	Section 4.  The Department of Financial Services shall pay
60	the funds appropriated under this act to an insurance company or
61	other financial institution admitted and authorized to issue
62	annuity contracts in this state and selected by Alan Jerome
63	Crotzer for the purchase of an annuity. The Department of
64	Financial Services shall execute all necessary agreements to
65	implement this act.
66	Section 5.  Tuition and fees for Alan Jerome Crotzer shall
67	be waived for up to a total of 120 hours of instruction at any
68	career center established pursuant to s. 1001.44, Florida
69	Statutes, at any community college established under part III of
70	chapter 1004, Florida Statutes, or any state university. For any
71	educational benefit made, Alan Jerome Crotzer shall meet and
72	maintain the regular admission requirements of, and be
73	registered at, such career center, community college, or state
74	university and make satisfactory academic progress as defined by
75	the educational institution in which the claimant is enrolled.
76	Section 6.  The Chief Financial Officer shall purchase the
77	annuity as required by this act upon delivery by Alan Jerome
78	Crotzer to the Chief Financial Officer, the Department of
79	Financial Services, the President of the Senate, and the Speaker
80	of the House of Representatives of an executed release and
81	waiver on behalf of Alan Jerome Crotzer and his heirs,
82	successors, and assigns forever releasing the State of Florida
83	and any agency, instrumentality, officer, employee, or political
84	subdivision thereof or any other entity subject to the
85	provisions of s. 768.28, Florida Statutes, from any and all
86	present or future claims or declaratory relief that the
87	claimant, or his heirs, successors, or assigns, may have against
88	such enumerated entities and arising out of the factual
89	situation in connection with the conviction for which
90	compensation is awarded. However, declaratory action to obtain
91	judicial expungement of Alan Jerome Crotzer's judicial and
92	executive branch records as otherwise provided by law is not
93	prohibited by this act.
94	Section 7.  The Legislature may not be deemed by this act
95	to have waived any defense of sovereign immunity or to have
96	increased the limits of liability on behalf of the state or any
97	person or entity subject to the provisions of s. 768.28, Florida
98	Statutes, or any other law.
99	Section 8.  This award is intended to provide the sole
100	compensation for any and all present and future claims arising
101	out of the factual situation in connection with Alan Jerome
102	Crotzer's conviction and imprisonment, and no part of the award
103	shall be paid for attorney's fees, lobbying fees, costs, or
104	other similar expenses.
105	Section 9.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.