Florida Senate - 2011 (NP) SB 52 By Senator Smith 29-00063-11 201152__ 1 A bill to be entitled 2 An act for the relief of Larry Bostic; providing an 3 appropriation to compensate Larry Bostic for wrongful 4 imprisonment and for being a victim of a miscarriage 5 of justice; directing the Chief Financial Officer to 6 draw a warrant; requiring the purchase of an annuity; 7 providing for the waiver of specified tuition and 8 fees; providing for the waiver of fees and premiums 9 for enrollment in the state health insurance plan; 10 providing conditions for payment; providing 11 legislative intent; prohibiting the payment of certain 12 fees and costs; providing an effective date. 13 14 WHEREAS, in 1989, Larry Bostic was convicted in Broward 15 County, Florida, of rape and robbery, and was sentenced to 8 16 years in prison to be followed by 5 years probation, and 17 WHEREAS, while on probation awarded to him for crimes he 18 did not commit, Mr. Bostic was reimprisoned for 17 years, and 19 after serving more than 18 years in prison, during which time he 20 maintained his innocence, Mr. Bostic was fully exonerated 21 through DNA testing, and such results were matched to the actual 22 perpetrator of the rape and robbery, and 23 WHEREAS, an order of the circuit court, entered on 24 September 21, 2007, judicially established the fact that Mr. 25 Bostic should not have been incarcerated for the rape and 26 robbery, and 27 WHEREAS, the Legislature recognizes that no system of 28 justice is impervious to human error, and 29 WHEREAS, United States v. Hasting, 461 U.S. 499, 508 30 (1983), reads, in part, “[G]iven the myriad safeguards provided 31 to assure a fair trial, and taking into account the reality of 32 the human fallibility of the participants, there can be no such 33 thing as an error-free, perfect trial, and ... the Constitution 34 does not guarantee such a trial[,]” and 35 WHEREAS, the Legislature acknowledges that the state’s 36 system of justice infrequently yields imperfect results that may 37 have tragic consequences, and 38 WHEREAS, this act is based on a moral desire to acknowledge 39 those who are wrongfully convicted of a felony offense, who are 40 incarcerated as a result of that conviction, and who are 41 determined to be actually innocent and is not a recognition of a 42 constitutional right or violation, NOW, THEREFORE, 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. The facts stated in the preamble to this act are 47 found and declared to be true. 48 Section 2. There is appropriated from the General Revenue 49 Fund to the Department of Financial Services the sum of $1.7 50 million under the conditions provided in this act. 51 Section 3. The Chief Financial Officer is directed to draw 52 a warrant in the sum of $1.7 million for the purposes provided 53 in this act. 54 Section 4. The Department of Financial Services shall pay 55 the funds appropriated under this act to an insurance company or 56 other financial institution admitted and authorized to issue 57 annuity contracts in this state and selected by Larry Bostic for 58 the purchase of an annuity. The Department of Financial Services 59 shall execute all necessary agreements to implement this act. 60 Section 5. Tuition and fees for Larry Bostic shall be 61 waived for up to a total of 120 hours of instruction at any 62 career center established pursuant to s. 1001.44, Florida 63 Statutes, at any community college established under part III of 64 chapter 1004, Florida Statutes, or any state university. For any 65 educational benefit made, Larry Bostic shall meet and maintain 66 the regular admission requirements of, and be registered at, 67 such career center, community college, or state university and 68 make satisfactory academic progress as defined by the 69 educational institution in which the claimant is enrolled. 70 Section 6. Enrollment for Larry Bostic shall be made into 71 the State of Florida Health Insurance System, similar to that 72 available to employees of the State of Florida. All fees and 73 premiums shall be waived during the lifetime of Larry Bostic. 74 Section 7. The Chief Financial Officer shall purchase the 75 annuity as required by this act upon delivery by Larry Bostic to 76 the Chief Financial Officer, the Department of Financial 77 Services, the President of the Senate, and the Speaker of the 78 House of Representatives of an executed release and waiver on 79 behalf of Larry Bostic and his heirs, successors, and assigns 80 forever releasing the State of Florida and any agency, 81 instrumentality, officer, employee, or political subdivision 82 thereof or any other entity subject to the provisions of s. 83 768.28, Florida Statutes, from any and all present or future 84 claims or declaratory relief that the claimant, or his heirs, 85 successors, or assigns, may have against such enumerated 86 entities and arising out of the factual situation in connection 87 with the conviction for which compensation is awarded. However, 88 this act does not prohibit declaratory action to obtain judicial 89 expunction of Larry Bostic’s judicial and executive branch 90 records as otherwise provided by law. 91 Section 8. The Legislature may not be deemed by this act to 92 have waived any defense of sovereign immunity or to have 93 increased the limits of liability on behalf of the state or any 94 person or entity subject to the provisions of s. 768.28, Florida 95 Statutes, or any other law. 96 Section 9. This award is intended to provide the sole 97 compensation for any and all present and future claims arising 98 out of the factual situation in connection with Larry Bostic’s 99 conviction and imprisonment, and no part of the award shall be 100 paid for attorney’s fees, lobbying fees, costs, or other similar 101 expenses. 102 Section 10. This act shall take effect upon becoming a law.