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The Committee on Judiciary (Joyner) recommended the following

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amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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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 $1,250,000 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 $1,250,000 for the purposes provided in

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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 an 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 any state university. For any

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educational benefit made, Alan Jerome Crotzer shall meet and

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maintain the regular admission requirements of, and be registered

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

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and make satisfactory academic progress as defined by the

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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 an executed release and waiver

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on behalf of Alan Jerome Crotzer and his heirs, successors, and

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assigns forever releasing the State of Florida and any agency,

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instrumentality, officer, employee, or political subdivision

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thereof or any other entity subject to the provisions of s.

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768.28, Florida Statutes, from any and all present or future

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claims or declaratory relief that the claimant, or his heirs,

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successors, or assigns, may have against such enumerated entities

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and arising out of the factual situation in connection with the

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conviction for which compensation is awarded. However,

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declaratory action to obtain judicial expunction of Alan Jerome

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Crotzer's judicial and executive branch records as otherwise

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provided by law is not prohibited by this act.

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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 any and all present and future claims arising

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out of the factual situation in connection with Alan Jerome

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Crotzer's conviction and imprisonment, and no part of the award

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shall be paid for attorney's fees, lobbying fees, costs, or other

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similar expenses.

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

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act for the relief of Alan Jerome Crotzer; providing an

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appropriation to compensate Alan Jerome Crotzer for

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wrongful imprisonment and for being a victim of a

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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 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 1/2 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, as

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significant doubt exists as to his guilt, and

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     WHEREAS, DNA testing of evidence has excluded Alan Jerome

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Crotzer as the person who committed the crimes for which he was

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convicted, and

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     WHEREAS, the Legislature recognizes that no system of

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justice is impervious to human error, and

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     WHEREAS, United States v. Hasting, 461 U.S. 499 (1983),

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reads, in part, "[G]iven the myriad safeguards provided to assure

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a fair trial, and taking into account the reality of the human

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fallibility of the participants, there can be no such thing as an

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error-free, perfect trial, and . . . the Constitution does not

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guarantee such a trial.", and

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     WHEREAS, the Legislature acknowledges that the state's

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system of justice infrequently yields imperfect results which may

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have tragic consequences, and

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     WHEREAS, this act is based on a moral desire to acknowledge

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those who are wrongfully convicted of a felony offense,

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incarcerated as a result of that conviction, and determined to be

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actually innocent and is not a recognition of a constitutional

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right or violation, and

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     WHEREAS, the Legislature intends that any compensation

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made pursuant to this act be the sole compensation to be

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provided by the state for any and all present and future claims

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arising out of the factual situation in connection with the

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claimant's conviction and imprisonment, NOW, THEREFORE,

3/31/2008  11:30:00 AM     JU.18.06115