| 1 | Representative(s) Taylor offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (340927) (with title |
| 4 | amendment) |
| 5 | On page 1, between lines 14 and 15, insert: |
| 6 |
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| 7 | Section 1. There is appropriated from the General Revenue |
| 8 | Fund the sum of $1,250,000 to the Department of Financial |
| 9 | Services under the conditions provided in sections 2-7 of this |
| 10 | act. |
| 11 | Section 2. The Chief Financial Officer is directed to draw |
| 12 | a warrant in the sum of $1,250,000 for the purposes provided in |
| 13 | sections 1, 3, 5, and 7 of this act. |
| 14 | Section 3. The Department of Financial Services shall pay |
| 15 | the funds appropriated under sections 1 and 2 of this act to an |
| 16 | insurance company or other financial institution admitted and |
| 17 | authorized to issue annuity contracts in this state and selected |
| 18 | by Alan Jerome Crotzer for the purchase of an annuity. The |
| 19 | Department of Financial Services shall execute all necessary |
| 20 | agreements to implement sections 1-7 of this act. |
| 21 | Section 4. Tuition and fees for Alan Jerome Crotzer shall |
| 22 | be waived for up to a total of 120 hours of instruction at any |
| 23 | career center established pursuant to s. 1001.44, Florida |
| 24 | Statutes, at any community college established under part III of |
| 25 | chapter 1004, Florida Statutes, or any state university. For any |
| 26 | educational benefit made, Alan Jerome Crotzer shall meet and |
| 27 | maintain the regular admission requirements of, and be |
| 28 | registered at, such career center, community college, or state |
| 29 | university and make satisfactory academic progress as defined by |
| 30 | the educational institution in which the claimant is enrolled. |
| 31 | Section 5. The Chief Financial Officer shall purchase the |
| 32 | annuity as required by section 3 of this act upon delivery by |
| 33 | Alan Jerome Crotzer to the Chief Financial Officer, the |
| 34 | Department of Financial Services, the President of the Senate, |
| 35 | and the Speaker of the House of Representatives of an executed |
| 36 | release and waiver on behalf of Alan Jerome Crotzer and his |
| 37 | heirs, successors, and assigns forever releasing the State of |
| 38 | Florida and any agency, instrumentality, officer, employee, or |
| 39 | political subdivision thereof or any other entity subject to the |
| 40 | provisions of s. 768.28, Florida Statutes, from any and all |
| 41 | present or future claims or declaratory relief that the |
| 42 | claimant, or his heirs, successors, or assigns, may have against |
| 43 | such enumerated entities and arising out of the factual |
| 44 | situation in connection with the conviction for which |
| 45 | compensation is awarded. However, declaratory action to obtain |
| 46 | judicial expungement of Alan Jerome Crotzer's judicial and |
| 47 | executive branch records as otherwise provided by law is not |
| 48 | prohibited by sections 1-7 of this act. |
| 49 | Section 6. The Legislature may not be deemed by sections |
| 50 | 1-7 of this act to have waived any defense of sovereign immunity |
| 51 | or to have increased the limits of liability on behalf of the |
| 52 | state or any person or entity subject to the provisions of s. |
| 53 | 768.28, Florida Statutes, or any other law. |
| 54 | Section 7. This award is intended to provide the sole |
| 55 | compensation for any and all present and future claims arising |
| 56 | out of the factual situation in connection with Alan Jerome |
| 57 | Crotzer's conviction and imprisonment, and no part of the award |
| 58 | shall be paid for attorney's fees, lobbying fees, costs, or |
| 59 | other similar expenses. |
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| 61 |
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| 62 | =========== T I T L E A M E N D M E N T ======== |
| 63 | On page 1, lines 2 through 11, |
| 64 | Remove: all of said lines |
| 65 |
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| 66 | and insert: |
| 67 |
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| 68 | An act relating to claims against the state; providing an |
| 69 | appropriation to compensate Alan Jerome Crotzer for |
| 70 | wrongful imprisonment and for being a victim of a |
| 71 | miscarriage of justice; directing the Chief Financial |
| 72 | Officer to draw a warrant; requiring the purchase of an |
| 73 | annuity; providing for the waiver of specified tuition and |
| 74 | fees; providing conditions for payment; providing |
| 75 | legislative intent; providing an appropriation to |
| 76 | compensate Gina Jones and Robert Anderson, parents and |
| 77 | natural guardians of Martin Lee Anderson, jointly, for the |
| 78 | wrongful death of Martin Lee Anderson, which was due to |
| 79 | the negligence of the Bay County Sheriff's Office; |
| 80 | providing conditions for payment; providing for attorney's |
| 81 | fees and lobbying fees; providing an effective date. |
| 82 |
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| 83 | WHEREAS, in 1982, Alan Jerome Crotzer was convicted in |
| 84 | Hillsborough County, Florida, of rape, robbery, and kidnapping, |
| 85 | and was sentenced to 130 years in prison, and |
| 86 | WHEREAS, Alan Jerome Crotzer may also be known as Allen |
| 87 | Jerome Crotzer in the criminal pleadings of this case, and |
| 88 | WHEREAS, after serving more than 24 and 1/2 years in |
| 89 | prison, during which time he diligently maintained his |
| 90 | innocence, Alan Jerome Crotzer has been fully exonerated through |
| 91 | DNA tests, and |
| 92 | WHEREAS, an order of the circuit court, entered on the |
| 93 | motion of the state attorney, has judicially established the |
| 94 | fact that Alan Jerome Crotzer should not have been incarcerated, |
| 95 | as significant doubt exists as to his guilt, and |
| 96 | WHEREAS, DNA testing of evidence has excluded Alan Jerome |
| 97 | Crotzer as the person who committed the crimes for which he was |
| 98 | convicted, and |
| 99 | WHEREAS, the Legislature recognizes that no system of |
| 100 | justice is impervious to human error, and |
| 101 | WHEREAS, United States v. Hasting, 461 U.S. 499 (1983), |
| 102 | reads, in part, "Given the myriad safeguards provided to assure |
| 103 | a fair trial, and taking into account the reality of the human |
| 104 | fallibility of the participants, there can be no such thing as |
| 105 | an error-free, perfect trial, and . . . the Constitution does |
| 106 | not guarantee such a trial.", and |
| 107 | WHEREAS, the Legislature acknowledges that the state's |
| 108 | system of justice infrequently yields imperfect results which |
| 109 | may have tragic consequences, and |
| 110 | WHEREAS, sections 1 through 7 of this act are based on a |
| 111 | moral desire to acknowledge those who are wrongfully convicted |
| 112 | of a felony offense, incarcerated as a result of that |
| 113 | conviction, and determined to be actually innocent and is not a |
| 114 | recognition of a constitutional right or violation, and |
| 115 | WHEREAS, the Legislature intends that any compensation made |
| 116 | pursuant to sections 1 through 7 of this act be the sole |
| 117 | compensation to be provided by the state for any and all present |
| 118 | and future claims arising out of the factual situation in |
| 119 | connection with Alan Crotzer's conviction and imprisonment, and |
| 120 | WHEREAS, this preamble applies to sections 1 through 7 of |
| 121 | this act, NOW, THEREFORE, |