Florida Senate - 2020 (NP) SB 24 By Senator Torres 15-00274-20 202024__ 1 A bill to be entitled 2 An act providing for the relief of Clemente Aguirre 3 Jarquin; providing an appropriation to compensate 4 Clemente Aguirre-Jarquin for being wrongfully 5 incarcerated for nearly 15 years; directing the Chief 6 Financial Officer to draw a warrant for the purchase 7 of an annuity; requiring the Department of Financial 8 Services to pay specified funds; providing for the 9 waiver of certain tuition and fees for Mr. Aguirre 10 Jarquin; specifying conditions for payment; providing 11 that the act does not waive certain defenses or 12 increase the state’s limits of liability; providing a 13 limitation on the payment of compensation; prohibiting 14 any further award to include certain fees and costs; 15 providing an effective date. 16 17 WHEREAS, Clemente Aguirre-Jarquin was arrested on June 17, 18 2004, tried, and convicted of two counts of first-degree murder 19 and one count of burglary with an assault or battery on February 20 28, 2006, and sentenced to death on June 30, 2006, and 21 WHEREAS, Clemente Aguirre-Jarquin has always maintained his 22 innocence, and 23 WHEREAS, Clemente Aguirre-Jarquin spent 10 years and 8 24 months on death row, and 25 WHEREAS, new DNA, forensic, and testimonial evidence 26 discovered after his 2006 conviction and death sentence 27 powerfully show Clemente Aguirre-Jarquin’s innocence and point 28 to another suspect whose DNA was found at the crime scene and 29 who has confessed to these crimes on multiple occasions, and 30 WHEREAS, in October of 2016, based on that new evidence, 31 the Florida Supreme Court unanimously reversed an order from the 32 Circuit Court for the 18th Judicial Circuit that had denied 33 Clemente Aguirre-Jarquin’s motion for a new trial based on the 34 new evidence, and 35 WHEREAS, the Florida Supreme Court vacated Clemente 36 Aguirre-Jarquin’s convictions and death sentence, and remanded 37 the case to the Circuit Court for the 18th Judicial Circuit for 38 a new trial, and 39 WHEREAS, Clemente Aguirre-Jarquin then spent another 2 40 years incarcerated while the State Attorney’s Office continued 41 to press charges after the remand to the Circuit Court for the 42 18th Judicial Circuit, during which the state provided no 43 opportunity for Clemente Aguirre-Jarquin to be released on bail 44 pending trial, and 45 WHEREAS, on November 5, 2018, with jury selection still in 46 progress before the new trial and after the presentation of 47 pretrial testimony by witnesses whom the state intended to call 48 at trial and who supported the defense’s position that the 49 suspect whose DNA was found at the crime scene was the person 50 solely responsible for the murders in question, the state orally 51 pronounced a nolle prosequi as related to the retrial of 52 Clemente Aguirre-Jarquin, and 53 WHEREAS, Clemente Aguirre-Jarquin was first released from 54 the state’s custody on November 5, 2018, after spending 14 55 years, 4 months, and 19 days, or 5,255 total days, between June 56 17, 2004, and November 5, 2018, without interruption, in the 57 state’s custody, and 58 WHEREAS, there is no credible evidence of Clemente Aguirre 59 Jarquin’s guilt, and likewise, there is clear and convincing 60 evidence of Clemente Aguirre-Jarquin’s innocence, and 61 WHEREAS, within 90 days of first being released from 62 custody, Clemente Aguirre-Jarquin filed a petition to determine 63 his eligibility for compensation under chapter 961, Florida 64 Statutes, but the Circuit Court for the 18th Judicial Circuit 65 ruled that the petition was untimely because it was not filed 2 66 years earlier, or within 90 days of the Florida Supreme Court’s 67 decision vacating his convictions and remanding the case to the 68 circuit court for a new trial, even though Clemente Aguirre 69 Jarquin was never released from incarceration following the 70 Florida Supreme Court’s mandate, and 71 WHEREAS, the Legislature acknowledges that the state’s 72 system of justice yielded an imperfect result that had tragic 73 consequences in Clemente Aguirre-Jarquin’s case, and 74 WHEREAS, the Legislature acknowledges that, as a result of 75 his continuous physical confinement, Clemente Aguirre-Jarquin 76 suffered significant physical, mental, and emotional damages 77 that are unique to Clemente Aguirre-Jarquin and such damages are 78 due to the fact that he was physically restrained, often in 79 solitary confinement, and prevented from exercising the freedom 80 to which all innocent citizens are entitled, and 81 WHEREAS, the Legislature is providing compensation to 82 Clemente Aguirre-Jarquin to acknowledge the fact that he 83 suffered significant damages that are unique to Clemente 84 Aguirre-Jarquin, and 85 WHEREAS, the Legislature apologizes to Clemente Aguirre 86 Jarquin on behalf of the state, NOW, THEREFORE, 87 88 Be It Enacted by the Legislature of the State of Florida: 89 90 Section 1. The facts stated in the preamble to this act are 91 found and declared to be true. 92 Section 2. The sum of $720,000 is appropriated from the 93 General Revenue Fund to the Department of Financial Services 94 under the conditions provided in this act. 95 Section 3. The Chief Financial Officer is directed to draw 96 a warrant in the sum specified in section 2 for the purposes 97 provided in this act. 98 Section 4. The Department of Financial Services shall pay 99 the funds appropriated under this act to an insurance company or 100 other financial institution admitted and authorized to issue 101 annuity contracts in this state and selected by Clemente 102 Aguirre-Jarquin to purchase an annuity. The Chief Financial 103 Officer shall execute all necessary agreements to implement this 104 act and to maximize the benefit to Clemente Aguirre-Jarquin. 105 Section 5. Tuition and fees for Clemente Aguirre-Jarquin 106 shall be waived for up to a total of 120 hours of instruction at 107 any career center established pursuant to s. 1001.44, Florida 108 Statutes, Florida College System institution established under 109 part III of chapter 1004, Florida Statutes, or state university. 110 For any educational benefit made, Clemente Aguirre-Jarquin must 111 meet and maintain the regular admission requirements of, and be 112 registered at, such career center, institution, or state 113 university and make satisfactory academic progress as defined by 114 the educational institution in which he is enrolled. 115 Section 6. The Chief Financial Officer shall purchase the 116 annuity as required by this act within 20 days of delivery by 117 Clemente Aguirre-Jarquin of his election of annuity, as set 118 forth in section 4. 119 Section 7. The Legislature does not waive any defense of 120 sovereign immunity or increase the limits of liability on behalf 121 of the state or any person or entity that is subject to s. 122 768.28, Florida Statutes, or any other law. 123 Section 8. This award is intended to provide the sole 124 compensation for any and all present and future claims arising 125 out of the factual situation described in this act which 126 resulted in Clemente Aguirre-Jarquin’s arrest, conviction, and 127 incarceration. There may not be any further award to include 128 attorney fees, lobbying fees, costs, or other similar expenses 129 to Clemente Aguirre-Jarquin by the state or any agency, 130 instrumentality, or political subdivision thereof, or any other 131 entity, including any county constitutional officer, officer, or 132 employee, in state or federal court. 133 Section 9. This act shall take effect upon becoming a law.