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,

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 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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