| 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 | since he was innocent of the crimes for which he was prosecuted, |
| 24 | and |
| 25 | WHEREAS, DNA testing of evidence has irrefutably excluded |
| 26 | Alan Jerome Crotzer as the person who committed the crimes for |
| 27 | which he was convicted, and |
| 28 | WHEREAS, considering the totality of the circumstances, |
| 29 | equity and justice require that this miscarriage of justice |
| 30 | should be addressed by the Legislature of the State of Florida, |
| 31 | NOW, THEREFORE, |
| 32 |
|
| 33 | Be It Enacted by the Legislature of the State of Florida: |
| 34 |
|
| 35 | Section 1. The facts stated in the preamble to this act |
| 36 | are found and declared to be true. |
| 37 | Section 2. There is appropriated from the General Revenue |
| 38 | Fund the sum of $1,250,000 to the Department of Financial |
| 39 | Services under the conditions provided in this act. |
| 40 | Section 3. The Chief Financial Officer is directed to draw |
| 41 | a warrant in the sum of $1,250,000 million for the purposes |
| 42 | provided in this act. |
| 43 | Section 4. The Department of Financial Services shall pay |
| 44 | the funds appropriated under this act to an insurance company or |
| 45 | other financial institution admitted and authorized to issue |
| 46 | annuity contracts in this state and selected by Alan Jerome |
| 47 | Crotzer for the purchase of an annuity. The Department of |
| 48 | Financial Services shall execute all necessary agreements to |
| 49 | implement this act. |
| 50 | Section 5. Tuition and fees for Alan Jerome Crotzer shall |
| 51 | be waived for up to a total of 120 hours of instruction at any |
| 52 | career center established pursuant to s. 1001.44, Florida |
| 53 | Statutes, at any community college established under part III of |
| 54 | chapter 1004, Florida Statutes, or any state university. For any |
| 55 | educational benefit made, Alan Jerome Crotzer shall meet and |
| 56 | maintain the regular admission requirements of, and be |
| 57 | registered at, such career center, community college, or state |
| 58 | university and make satisfactory academic progress as defined by |
| 59 | the educational institution in which the claimant is enrolled. |
| 60 | Section 6. The Chief Financial Officer shall purchase the |
| 61 | annuity as required by this act upon delivery by Alan Jerome |
| 62 | Crotzer to the Chief Financial Officer, the Department of |
| 63 | Financial Services, the President of the Senate, and the Speaker |
| 64 | of the House of Representatives of all of the following: |
| 65 | (1) An executed release and waiver on behalf of Alan |
| 66 | Jerome Crotzer and his heirs, successors, and assigns forever |
| 67 | releasing the State of Florida and any agency, instrumentality, |
| 68 | officer, employee, or political subdivision thereof or any other |
| 69 | entity subject to the provisions of s. 768.28, Florida Statutes, |
| 70 | from any and all present or future claims or declaratory relief |
| 71 | that the claimant, or his heirs, successors, or assigns, may |
| 72 | have against such enumerated entities and arising out of the |
| 73 | factual situation in connection with the conviction for which |
| 74 | compensation is awarded. However, declaratory action to obtain |
| 75 | judicial expungement of Alan Jerome Crotzer's judicial and |
| 76 | executive branch records as otherwise provided by law is not |
| 77 | prohibited by this act. |
| 78 | (2) An order from the court having jurisdiction over the |
| 79 | legal claim filed by Alan Jerome Crotzer and his parents which |
| 80 | dismisses the claim with prejudice. |
| 81 | Section 7. The Legislature may not be deemed by this act |
| 82 | to have waived any defense of sovereign immunity or to have |
| 83 | increased the limits of liability on behalf of the state or any |
| 84 | person or entity subject to the provisions of s. 768.28, Florida |
| 85 | Statutes, or any other law. |
| 86 | Section 8. This award is intended to provide the sole |
| 87 | compensation for any and all present and future claims arising |
| 88 | out of the factual situation in connection with Alan Jerome |
| 89 | Crotzer's conviction and imprisonment, and the state may not |
| 90 | make any further award for attorney's fees, lobbying fees, |
| 91 | costs, or other similar expenses. |
| 92 | Section 9. This act shall take effect upon becoming a law. |