Florida SB 50: Relief of Leonard Cure by the State of Florida

Bill Text

Florida Senate - 2022 (NP) SB 50

By Senator Jones

35-00188-22 202250__
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CODING: Words stricken are deletions; words underlined are additions.
A bill to be entitled 1
An act for the relief of Leonard Cure; providing an 2
appropriation to compensate him for being wrongfully 3
incarcerated for 16 years; directing the Chief 4
Financial Officer to draw a warrant payable directly 5
to Mr. Cure; requiring the Chief Financial Officer to 6
pay the directed funds without requiring that Mr. Cure 7
sign a liability release; providing for the waiver of 8
certain tuition and fees for Mr. Cure; declaring that 9
the Legislature does not waive certain defenses or 10
increase the state’s limits of liability with respect 11
to this act; prohibiting funds awarded under this act 12
to Mr. Cure from being used or paid for attorney or 13
lobbying fees; prohibiting Mr. Cure from submitting a 14
compensation application under certain provisions upon 15
his receipt of payment under this act; requiring 16
specific reimbursement to the state should a civil 17
award be issued subsequent to Mr. Cure’s receipt of 18
payment under this act; requiring Mr. Cure to notify 19
the Department of Legal Affairs upon filing certain 20
civil actions; requiring the department to file a 21
specified notice under certain circumstances; 22
providing that certain benefits are vacated upon 23
specified findings; providing an effective date. 24
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WHEREAS, Leonard Cure was arrested on November 20, 2003, 26
for the November 10, 2003, robbery of a Dania Beach Walgreens 27
drug store and was convicted on November 3, 2004, of armed 28
robbery with a firearm and aggravated assault with a firearm, 29

Florida Senate - 2022 (NP) SB 50

35-00188-22 202250__
Page 2 of 5
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and 30
WHEREAS, Mr. Cure was sentenced to life imprisonment and 31
spent 16 years incarcerated, and 32
WHEREAS, Mr. Cure has maintained his innocence since his 33
arrest and for the entirety of his incarceration, and 34
WHEREAS, on April 2, 2020, the Conviction Review Unit for 35
the State Attorney’s Office for the 17th Judicial Circuit issued 36
a 14-page “Conviction Review Unit Memorandum” recommending the 37
modification of Mr. Cure’s sentence to allow for his immediate 38
release while the Conviction Review Unit investigated Mr. Cure’s 39
case, and 40
WHEREAS, on April 14, 2020, the Circuit Court for the 17th 41
Judicial Circuit modified Mr. Cure’s sentence to time served, 42
and Mr. Cure was released, and 43
WHEREAS, on October 16, 2020, the Conviction Review Unit 44
for the State Attorney’s Office for the 17th Judicial Circuit 45
issued a “Conviction Review Unit Addendum Memorandum with 46
Independent Review Panel’s Findings” reaching the conclusion 47
that the court should “vacate the defendant’s judgment and 48
sentence and enter a nolle prosequi as to both counts” due to 49
the finding by the Independent Review Panel that “the case 50
against Mr. Cure is so weak that it gives rise to a reasonable 51
doubt as to his culpability, and that he is most likely 52
innocent,” and 53
WHEREAS, on December 11, 2020, the Circuit Court for the 54
17th Judicial Circuit issued, with the concurrence of the state, 55
an Agreed Order Vacating Judgment and Sentence on the basis that 56
Mr. Cure “is most likely innocent,” and 57
WHEREAS, on December 14, 2020, as the result of the 58

Florida Senate - 2022 (NP) SB 50

35-00188-22 202250__
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Conviction Review Unit report, the state filed a Notice of Nolle 59
Prosequi, and Mr. Cure was exonerated, and 60
WHEREAS, the Legislature acknowledges that the state’s 61
system of justice yielded an imperfect result that had tragic 62
consequences in this case, and 63
WHEREAS, the Legislature acknowledges that, as a result of 64
his physical confinement, Mr. Cure suffered significant damages 65
that are unique to him, and that the damages are due to the fact 66
that he was physically restrained and prevented from exercising 67
the freedom to which all innocent citizens are entitled, and 68
WHEREAS, before his conviction for the aforementioned 69
crimes, Mr. Cure had prior convictions for unrelated felonies, 70
and 71
WHEREAS, due to his prior felony convictions, Mr. Cure is 72
ineligible for compensation under chapter 961, Florida Statutes, 73
and 74
WHEREAS, the Legislature apologizes to Mr. Cure on behalf 75
of the state, NOW, THEREFORE, 76
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Be It Enacted by the Legislature of the State of Florida: 78
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Section 1. The facts stated in the preamble to this act are 80
found and declared to be true. 81
Section 2. The sum of $817,000 is appropriated from the 82
General Revenue Fund to the Department of Financial Services for 83
the relief of Leonard Cure for his wrongful incarceration. The 84
Chief Financial Officer is directed to draw a warrant in favor 85
of Mr. Cure in the sum of $817,000 payable directly to