HB 0865

1	A bill to be entitled
2	An act for the relief of Wilton Allen Dedge, Walter Dedge
3	and Mary Dedge, parents of Wilton Allen Dedge, and legal
4	counsel representing Wilton Allen Dedge; providing an
5	appropriation to compensate Wilton Allen Dedge for
6	wrongful imprisonment and for being a victim of a
7	miscarriage of justice; providing an appropriation to
8	compensate Walter Dedge and Mary Dedge, parents of Wilton
9	Allen Dedge, for funds expended to provide a defense to
10	the charges against, and to support the efforts to
11	exonerate, Wilton Allen Dedge, and expenses incurred as a
12	result of the wrongful imprisonment of Wilton Allen Dedge;
13	providing an appropriation to compensate legal counsel
14	whose representation resulted in the exoneration of Wilton
15	Allen Dedge and his release from prison; providing an
16	effective date.
17
18	WHEREAS, In 1982, Wilton Allen Dedge was convicted in
19	Brevard County, Florida, of sexual battery, aggravated battery,
20	and burglary, and was sentenced to two consecutive life
21	sentences, and
22	WHEREAS, after serving more than 22 years in jail and in
23	prison, during which time he diligently maintained his
24	innocence, Wilton Allen Dedge has been fully exonerated through
25	DNA tests, and
26	WHEREAS, an order of the circuit court, entered on the
27	motion of the state attorney, has judicially established the
28	fact that Wilton Allen Dedge should not have been incarcerated
29	since he was innocent of the crime for which he was prosecuted,
30	and
31	WHEREAS, DNA testing of evidence has irrefutably excluded
32	Wilton Allen Dedge as the person who committed the crime for
33	which he was convicted, and
34	WHEREAS, the facts demonstrated that the investigation and
35	prosecution of Wilton Allen Dedge and the failure to release
36	Wilton Allen Dedge following the first DNA test, or at least to
37	grant him a new trial, was not reasonable under the
38	circumstances, and
39	WHEREAS, the Dedge family spent considerable resources in
40	providing a defense and other efforts that led to the
41	exoneration of Wilton Allen Dedge, and also expended resources
42	in supporting their son and visiting him while he was
43	imprisoned, and
44	WHEREAS, the attorneys who worked for Wilton Allen Dedge's
45	exoneration and release provided very competent legal services
46	and are entitled to attorney's fees, and
47	WHEREAS, considering the totality of the circumstances,
48	equity and justice require that this miscarriage of justice
49	should be addressed by the Legislature of the State of Florida,
50	NOW, THEREFORE,
51
52	Be It Enacted by the Legislature of the State of Florida:
53
54	Section 1.  The facts stated in the preamble to this act
55	are found and declared to be true.
56	Section 2.  A sum shall be appropriated from the General
57	Revenue Fund to Wilton Allen Dedge as compensation for his
58	wrongful imprisonment and for having been the victim of a
59	miscarriage of justice.
60	Section 3.  The Chief Financial Officer is directed to draw
61	a warrant in favor of Wilton Allen Dedge upon funds of the State
62	Treasury, and the Chief Financial Officer is directed to pay the
63	same out of such funds in the State Treasury.
64	Section 4.  A sum shall be appropriated from the General
65	Revenue Fund to Walter Dedge and Mary Dedge, parents of Wilton
66	Allen Dedge, as compensation for funds expended to provide a
67	defense to the charges against their son, Wilton Allen Dedge,
68	funds expended to support the efforts to exonerate their son,
69	and expenses incurred as a result of his wrongful imprisonment.
70	Section 5.  The Chief Financial Officer is directed to draw
71	a warrant in favor of Walter Dedge and Mary Dedge upon funds of
72	the State Treasury, and the Chief Financial Officer is directed
73	to pay the same out of such funds in the State Treasury.
74	Section 6.  A sum shall be appropriated from the General
75	Revenue Fund to specified legal counsel representing Wilton
76	Allen Dedge as compensation for their representation which
77	resulted in the exoneration of Wilton Allen Dedge and his
78	release from prison.
79	Section 7.  The Chief Financial Officer is directed to draw
80	a warrant in favor of specified legal counsel representing
81	Wilton Allen Dedge upon funds of the State Treasury, and the
82	Chief Financial Officer is directed to pay the same out of such
83	funds in the State Treasury.
84	Section 8.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.