Senate Bill sb0050
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Florida Senate - 2007 SB 50
By Senator Aronberg
27-109A-07
1 A bill to be entitled
2 An act relating to the relief of Alan Jerome
3 Crotzer; providing an appropriation to
4 compensate Alan Jerome Crotzer for wrongful
5 imprisonment and for being a victim of a
6 miscarriage of justice; directing the Chief
7 Financial Officer to draw a warrant; requiring
8 the purchase of an annuity; providing for the
9 waiver of specified tuition and fees; providing
10 conditions for payment; providing legislative
11 intent; providing an effective date.
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13 WHEREAS, in 1982, Alan Jerome Crotzer was convicted in
14 Hillsborough County, Florida, of rape, robbery, and
15 kidnapping, and was sentenced to 130 years in prison, and
16 WHEREAS, Alan Jerome Crotzer may also be known as Allen
17 Jerome Crotzer in the criminal pleadings of this case, and
18 WHEREAS, after serving more than 24 and 1/2 years in
19 prison, during which time he diligently maintained his
20 innocence, Alan Jerome Crotzer has been fully exonerated
21 through DNA tests, and
22 WHEREAS, an order of the circuit court, entered on the
23 motion of the state attorney, has judicially established the
24 fact that Alan Jerome Crotzer should not have been
25 incarcerated since he was innocent of the crimes for which he
26 was prosecuted, and
27 WHEREAS, DNA testing of evidence has irrefutably
28 excluded Alan Jerome Crotzer as the person who committed the
29 crimes for which he was convicted, and
30 WHEREAS, considering the totality of the circumstances,
31 equity and justice require that this miscarriage of justice
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Florida Senate - 2007 SB 50
27-109A-07
1 should be addressed by the Legislature of the State of
2 Florida, NOW, THEREFORE,
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4 Be It Enacted by the Legislature of the State of Florida:
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6 Section 1. The facts stated in the preamble to this
7 act are found and declared to be true.
8 Section 2. There is appropriated from the General
9 Revenue Fund the sum of $1.25 million to the Department of
10 Financial Services under the conditions provided in this act.
11 Section 3. The Chief Financial Officer is directed to
12 draw a warrant in the sum of $1.25 million for the purposes
13 provided in this act.
14 Section 4. The Department of Financial Services shall
15 pay the funds appropriated under this act to an insurance
16 company or other financial institution admitted and authorized
17 to issue annuity contracts in this state and selected by Alan
18 Jerome Crotzer for the purchase of the annuity. The Department
19 of Financial Services shall execute all necessary agreements
20 to implement this act.
21 Section 5. Tuition and fees for Alan Jerome Crotzer
22 shall be waived for up to a total of 120 hours of instruction
23 at any career center established pursuant to s. 1001.44,
24 Florida Statutes, at any community college established under
25 part III of chapter 1004, Florida Statutes, or any state
26 university. For any educational benefit made, Alan Jerome
27 Crotzer shall meet and maintain the regular admission
28 requirements of, and be registered at, such career center,
29 community college, or state university and make satisfactory
30 academic progress as defined by the educational institution in
31 which the claimant is enrolled.
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Florida Senate - 2007 SB 50
27-109A-07
1 Section 6. The Chief Financial Officer shall purchase
2 the annuity as required by this act upon delivery by Alan
3 Jerome Crotzer to the Chief Financial Officer, the Department
4 of Financial Services, the President of the Senate, and the
5 Speaker of the House of Representatives of all of the
6 following:
7 (1) An executed release and waiver on behalf of Alan
8 Jerome Crotzer and his heirs, successors, and assigns forever
9 releasing the State of Florida and any agency,
10 instrumentality, officer, employee, or political subdivision
11 thereof or any other entity subject to the provisions of s.
12 768.28, Florida Statutes, from any and all present or future
13 claims or declaratory relief that the claimant, or his heirs,
14 successors, or assigns, may have against such enumerated
15 entities and arising out of the factual situation in
16 connection with the conviction for which compensation is
17 awarded. However, declaratory action to obtain judicial
18 expungement of Alan Jerome Crotzer's judicial and executive
19 branch records as otherwise provided by law is not prohibited
20 by this act.
21 (2) An order from the court having jurisdiction over
22 the legal claim filed by Alan Jerome Crotzer and his parents
23 which dismisses the claim with prejudice.
24 Section 7. The Legislature may not be deemed by this
25 act to have waived any defense of sovereign immunity or to
26 have increased the limits of liability on behalf of the state
27 or any person or entity subject to the provisions of s.
28 768.28, Florida Statutes, or any other law.
29 Section 8. This award is intended to provide the sole
30 compensation for any and all present and future claims arising
31 out of the factual situation in connection with Alan Jerome
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Florida Senate - 2007 SB 50
27-109A-07
1 Crotzer's conviction and imprisonment, and the state may not
2 make any further award for attorney's fees, lobbying fees,
3 costs, or other similar expenses.
4 Section 9. This act shall take effect upon becoming a
5 law.
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7 *****************************************
8 SENATE SUMMARY
9 Provides an appropriation out of funds in the State
Treasury to compensate Alan Jerome Crotzer for wrongful
10 imprisonment. Provides for the purchase of an annuity.
Provides for the waiver of tuition and fees for Mr.
11 Crotzer under certain conditions. Provides that the
compensation awarded under the act is the sole
12 compensation for claims arising in connection with the
conviction and imprisonment of Mr. Crotzer.
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