Senate Bill 28 (2021) — Filed
SB 28
Florida Bills
Florida Senate - 2021 (NP) SB 28 By Senator Cruz 18-00127-21 202128__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act providing for the relief of Clemente Aguirre-2 Jarquin for his wrongful incarceration; providing an 3 appropriation to the Department of Financial Services 4 for a specified purpose; directing the Chief Financial 5 Officer to draw a warrant for the purchase of an 6 annuity contract in a specified amount in Mr. Aguirre-7 Jarquin’s name within a specified timeframe; requiring 8 the Chief Financial Officer to execute necessary 9 agreements; providing for the waiver of certain 10 tuition and fees for Mr.
Aguirre-Jarquin, subject to 11 specified requirements; specifying conditions for 12 payment; providing that the act does not waive certain 13 defenses or increase the state’s limits of liability; 14 providing a limitation on the payment of compensation; 15 prohibiting any further award to include certain fees 16 and costs; providing an effective date. 17 18 WHEREAS, Clemente Aguirre-Jarquin was arrested on June 17, 19 2004, was tried and convicted of two counts of first-degree 20 murder and one count of burglary with an assault or battery on 21 February 28, 2006, and was sentenced to death on June 30, 2006, 22 and 23 WHEREAS, Mr.
Aguirre-Jarquin has always maintained his 24 innocence, and 25 WHEREAS, Mr. Aguirre-Jarquin spent 10 years and 8 months on 26 death row, and 27 WHEREAS, new DNA, forensic, and testimonial evidence 28 discovered after his 2006 conviction and death sentence 29
Florida Senate - 2021 (NP) SB 28 18-00127-21 202128__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. powerfully show Mr. Aguirre-Jarquin’s innocence and point to 30 another suspect whose DNA was found at the crime scene and who 31 has confessed to these crimes on multiple occasions, and 32 WHEREAS, based on that new evidence, the Florida Supreme 33 Court in October 2016 unanimously reversed an order from the 34 Circuit Court for the 18th Judicial Circuit which had denied Mr. 35 Aguirre-Jarquin’s motion for a new trial, and 36 WHEREAS, the Florida Supreme Court vacated Mr.
Aguirre-37 Jarquin’s convictions and death sentence, and remanded the case 38 to the Circuit Court for the 18th Judicial Circuit for a new 39 trial, and 40 WHEREAS, Mr. Aguirre-Jarquin spent another 2 years 41 incarcerated while the state attorney’s office continued to 42 press charges after the remand to the Circuit Court for the 18th 43 Judicial Circuit, during which the state provided no opportunity 44 for Mr.
Aguirre-Jarquin to be released on bail pending trial, 45 and 46 WHEREAS, on November 5, 2018, with jury selection still in 47 progress before the new trial and after the presentation of 48 pretrial testimony by witnesses whom the state intended to call 49 at trial and who supported the defense’s position that the 50 suspect whose DNA was found at the crime scene was the person 51 solely responsible for the murders in question, the state orally 52 pronounced a nolle prosequi as related to the retrial of Mr. 53 Aguirre-Jarquin, and 54 WHEREAS, Mr.
Aguirre-Jarquin finally was released from the 55 state’s custody on November 5, 2018, after spending 14 years, 4 56 months, and 19 days—5,255 consecutive days—in the custody of the 57 state, and 58
Florida Senate - 2021 (NP) SB 28 18-00127-21 202128__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. WHEREAS, there is no credible evidence of Mr. Aguirre-59 Jarquin’s guilt, and, likewise, there is clear and convincing 60 evidence of his innocence, and 61 WHEREAS, within 90 days after his release from custody, Mr. 62 Aguirre-Jarquin filed a petition to determine his eligibility 63 for compensation under
chapter 961, Florida Statutes, but the 64 Circuit Court for the 18th Judicial Circuit ruled that the 65 petition was untimely because it was not filed within 90 days of 66 the Florida Supreme Court’s decision vacating his convictions 67 and remanding the case to the circuit court for a new trial, 68 despite the fact that Mr. Aguirre-Jarquin was not released from 69 incarceration following that ruling, and 70 WHEREAS, the Legislature acknowledges that the state’s 71 system of justice yielded an imperfect result that had tragic 72 consequences for Mr.
Aguirre-Jarquin, and 73 WHEREAS, the Legislature acknowledges that, as a result of 74 his continuous physical confinement, Mr.
Aguirre-Jarquin 75 suffered significant physical, mental, and emotional damages 76 that are unique to him, in that he was physically restrained, 77 often placed in solitary confinement, and prevented from 78 exercising the freedom to which all innocent citizens are 79 entitled, and 80 WHEREAS, the Legislature is providing compensation to Mr. 81 Aguirre-Jarquin to acknowledge the fact that he suffered 82 significant damages that are unique to him, and 83 WHEREAS, the Legislature apologizes to Mr.
Aguirre-Jarquin 84 on behalf of the state, NOW, THEREFORE, 85 86 Be It Enacted by the Legislature of the State of Florida: 87
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Section 1. The facts stated in the
preamble to this act are 89 found and declared to be true. 90
Section 2. The sum of $720,000 is appropriated from the 91 General Revenue Fund to the Department of Financial Services 92 under the conditions provided in this act. 93
Section 3. The Chief Financial Officer is directed to draw 94 a warrant in the sum specified in
section 2 for the purposes 95 provided in this act. 96
Section 4. The Department of Financial Services shall pay 97 the funds appropriated under this act to an insurance company or 98 other financial institution admitted and authorized to issue 99 annuity contracts in this state and selected by Mr. Aguirre-100 Jarquin to purchase an annuity. The Chief Financial Officer 101 shall execute all necessary agreements to implement this act and 102 to maximize the benefit to Mr. Aguirre-Jarquin. 103
Section 5. Tuition and fees for Mr. Aguirre-Jarquin are 104 waived for up to a total of 120 hours of instruction at any 105 career center established pursuant to s. 1001.44, Florida 106 Statutes, Florida College System institution established under 107
part III of
chapter 1004, Florida Statutes, or state university. 108 Such waiver is dependent upon Mr. Aguirre-Jarquin’s meeting and 109 maintaining the regular admission requirements of, and being 110 registered at, such career center, institution, or state 111 university and making satisfactory academic progress as defined 112 by the educational institution in which he is enrolled. 113
Section 6. The Chief Financial Officer shall purchase the 114 annuity as required by this act within 20 days of delivery by 115 Mr. Aguirre-Jarquin of his election of annuity, as set forth in 116
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section 4. 117
Section 7. The Legislature does not waive any defense of 118 sovereign immunity or increase the limits of liability on behalf 119 of the state or any person or entity that is subject to s. 120 768.28, Florida Statutes, or any other law. 121
Section 8. This award is intended to provide the sole 122 compensation for all present and future claims arising out of 123 the factual situation described in this act which resulted in 124 Mr. Aguirre-Jarquin’s arrest, conviction, and incarceration. 125 There may not be any further award to include attorney fees, 126 lobbying fees, costs, or other similar expenses to Mr. Aguirre-127 Jarquin by the state or any agency, instrumentality, or 128 political subdivision thereof, or any other entity, including 129 any county constitutional officer, officer, or employee, in 130 state or federal court. 131