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A bill to be entitled

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An act relating to the relief of Alan Jerome Crotzer;

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providing an appropriation to compensate Alan Jerome

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Crotzer for wrongful imprisonment and for being a victim

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of a miscarriage of justice; directing the Chief Financial

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Officer to draw a warrant; requiring the purchase of an

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annuity; providing for the waiver of specified tuition and

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fees; providing conditions for payment; providing

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legislative intent; providing a limitation on the payment

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of fees and costs; providing an effective date.

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     WHEREAS, in 1982, Alan Jerome Crotzer was convicted in

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Hillsborough County, Florida, of rape, robbery, and kidnapping,

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and was sentenced to 130 years in prison, and

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     WHEREAS, Alan Jerome Crotzer may also be known as Allen

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Jerome Crotzer in the criminal pleadings of this case, and

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     WHEREAS, after serving more than 24 and ½ years in prison,

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during which time he diligently maintained his innocence, Alan

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Jerome Crotzer has been fully exonerated through DNA tests, and

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     WHEREAS, an order of the circuit court, entered on the

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motion of the state attorney, has judicially established the fact

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that Alan Jerome Crotzer should not have been incarcerated since

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he was innocent of the crimes for which he was prosecuted, and

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     WHEREAS, DNA testing of evidence has irrefutably excluded

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Alan Jerome Crotzer as the person who committed the crimes for

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which he was convicted, and

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     WHEREAS, considering the totality of the circumstances,

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equity and justice require that this miscarriage of justice

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should be addressed by the Legislature of the State of Florida,

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NOW, THEREFORE,

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

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     Section 1. The facts stated in the preamble to this act are

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found and declared to be true.

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     Section 2. There is appropriated from the General Revenue

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Fund the sum of $1.25 million to the Department of Financial

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Services under the conditions provided in this act.

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     Section 3. The Chief Financial Officer is directed to draw

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a warrant in the sum of $1.25 million for the purposes provided

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in this act.

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     Section 4. The Department of Financial Services shall pay

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the funds appropriated under this act to an insurance company or

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other financial institution admitted and authorized to issue

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annuity contracts in this state and selected by Alan Jerome

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Crotzer for the purchase of the annuity. The Department of

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Financial Services shall execute all necessary agreements to

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implement this act.

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     Section 5. Tuition and fees for Alan Jerome Crotzer shall

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be waived for up to a total of 120 hours of instruction at any

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career center established pursuant to s. 1001.44, Florida

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Statutes, at any community college established under part III of

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chapter 1004, Florida Statutes, or at any state university. For

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any educational benefit provided, Alan Jerome Crotzer shall meet

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and maintain the regular admission requirements of, and be

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registered at, such career center, community college, or state

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university and make satisfactory academic progress as defined by

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the educational institution in which the claimant is enrolled.

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     Section 6. The Chief Financial Officer shall purchase the

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annuity as required by this act upon delivery by Alan Jerome

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Crotzer to the Chief Financial Officer, the Department of

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Financial Services, the President of the Senate, and the Speaker

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of the House of Representatives of all of the following:

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     (1) An executed release and waiver on behalf of Alan Jerome

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Crotzer and his heirs, successors, and assigns forever releasing

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the State of Florida and any agency, instrumentality, officer,

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employee, or political subdivision thereof or any other entity

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subject to the provisions of s. 768.28, Florida Statutes, from

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any and all present or future claims or declaratory relief that

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the claimant, or his heirs, successors, or assigns, may have

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against such enumerated entities and arising out of the factual

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situation in connection with the conviction for which

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compensation is awarded. However, declaratory action to obtain

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judicial expungement of Alan Jerome Crotzer's judicial and

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executive branch records as otherwise provided by law is not

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prohibited by this act.

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     (2) An order from the court having jurisdiction over the

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legal claim filed by Alan Jerome Crotzer and his parents which

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dismisses the claim with prejudice.

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     Section 7. The Legislature may not be deemed by this act to

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have waived any defense of sovereign immunity or to have

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increased the limits of liability on behalf of the state or any

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person or entity subject to the provisions of s. 768.28, Florida

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Statutes, or any other law.

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     Section 8. This award is intended to provide the sole

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compensation for all present and future claims arising out of the

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factual situation in connection with Alan Jerome Crotzer's

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conviction and imprisonment. The total amount paid for attorney's

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fees, lobbying fees, costs, and other similar expenses relating

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to this claim may not exceed 25 percent of the amount awarded

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under this act.

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     Section 9.  This act shall take effect upon becoming a law.