Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 12-B
Barcode 112810
CHAMBER ACTION
Senate House
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1 Comm: FAV .
12/07/2005 09:14 AM .
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3 Floor: 1/AD/2R .
12/07/2005 03:56 PM .
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11 The Committee on Judiciary (Posey) recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. The facts stated in the preamble to this
19 act are found and declared to be true.
20 Section 2. There is appropriated from the General
21 Revenue Fund the sum of $2 million to the Department of
22 Financial Services under the conditions provided in this act.
23 Section 3. The Chief Financial Officer is directed to
24 draw a warrant in the sum of $2 million for the purposes
25 provided in this act. After March 6, 2006, the Chief Financial
26 Officer is no longer authorized to draw a warrant under this
27 section.
28 Section 4. The Department of Financial Services shall
29 pay the funds appropriated under this act to an insurance
30 company or other financial institution admitted and authorized
31 to issue annuity contracts in this state and selected by
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 12-B
Barcode 112810
1 Wilton Dedge, to purchase an annuity. The Department of
2 Financial Services is directed to execute all necessary
3 agreements to implement this act.
4 Section 5. Tuition and fees shall be waived for up to
5 a total of 120 hours of instruction at any career center
6 established pursuant to s. 1001.44, Florida Statutes, at any
7 community college established under part III of chapter 1004,
8 Florida Statutes, or any state university. For any educational
9 benefit made, Wilton Dedge is required to meet and maintain
10 the regular admission requirements of, and be registered at,
11 such career center, community college, or state university and
12 make satisfactory academic progress as defined by the
13 educational institution in which the claimant is enrolled.
14 Section 6. The Chief Financial Officer shall purchase
15 the annuity as required by this act upon delivery by Wilton
16 Dedge to the Chief Financial Officer, the Department of
17 Financial Services, the President of the Senate, and the
18 Speaker of the House of Representatives of all of the
19 following:
20 (1) An executed release and waiver on behalf of Wilton
21 Dedge and his parents, heirs, successors, and assigns forever
22 releasing the State of Florida and any agency,
23 instrumentality, officer, employee, or political subdivision
24 thereof or any other entity subject to the provisions of s.
25 768.28, Florida Statutes, from any and all present or future
26 claims, or declaratory relief the claimant or any of his
27 parents, heirs, successors, or assigns may have against such
28 enumerated entities and arising out of the factual situation
29 in connection with the conviction for which compensation is
30 awarded. However, declaratory action to obtain judicial
31 expungement of Wilton Dedge's judicial and executive branch
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 12-B
Barcode 112810
1 records as otherwise provided by law is not prohibited by this
2 act.
3 (2) An order from the court having jurisdiction of the
4 legal claim filed by Wilton Dedge and his parents dismissing
5 the claim with prejudice.
6 Section 7. The Legislature shall not be deemed by this
7 act to have waived any defense of sovereign immunity or to
8 have increased the limits of liability on behalf of the state
9 or any person or entity subject to the provisions of s.
10 768.28, Florida Statutes, or any other law.
11 Section 8. This award is intended to provide the sole
12 compensation for any and all present and future claims arising
13 out of the factual situation in connection with Wilton Dedge's
14 conviction and imprisonment. No further award for attorney's
15 fees, lobbying fees, costs, or other similar expenses shall be
16 made by the state.
17 Section 9. This act shall take effect upon becoming a
18 law.
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21 ================ T I T L E A M E N D M E N T ===============
22 And the title is amended as follows:
23 Delete everything before the enacting clause
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25 and insert:
26 A bill to be entitled
27 An act providing an appropriation to compensate
28 Wilton Dedge; providing authority to draw
29 warrant; providing a limitation on the
30 authority to draw the warrant; requiring the
31 purchase of an annuity; providing for waiver of
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 12-B
Barcode 112810
1 specified tuition and fees; providing
2 conditions for payment; providing legislative
3 intent; providing an effective date.
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5 WHEREAS, Wilton Dedge was convicted of rape and
6 imprisoned for 22 years, and
7 WHEREAS, the initial conviction was appealed and
8 reversed, and
9 WHEREAS, on retrial Wilton Dedge was again convicted,
10 which conviction was affirmed on appeal, and
11 WHEREAS, the Circuit Court in the Eighteenth Judicial
12 Circuit granted the state's motion to dismiss pending charges
13 and discharge Wilton Dedge from custody based on DNA evidence
14 that excluded Wilton Dedge as the perpetrator of the crime,
15 and
16 WHEREAS, Wilton Dedge was in fact released on August
17 12, 2004, and
18 WHEREAS, Wilton Dedge and his parents filed suit in the
19 Second Judicial Circuit requesting, among other things, a
20 declaratory judgment that Mr. Dedge's liberty was taken by the
21 government without compensation and requesting damages for the
22 taking of Mr. Dedge's liberty, and
23 WHEREAS, the suit was dismissed by order of the Second
24 Judicial Circuit court, which found that claims for damages
25 from the state are banned by the doctrine of sovereign
26 immunity, and that only the Legislature can address the issue
27 of compensation under existing law, and
28 WHEREAS, Wilton Dedge has appealed the order to the
29 First District Court of Appeal, Case No. 1D05-4288, and
30 WHEREAS, the Legislature recognizes that no system of
31 justice is impervious to human error. "Given the myriad
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 12-B
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1 safeguards provided to assure a fair trial, and taking into
2 account the reality of the human fallibility of the
3 participants, there can be no such thing as an error-free,
4 perfect trial, and ... the Constitution does not guarantee
5 such a trial." United States v. Hasting, 461 U.S. 499 (1983),
6 and
7 WHEREAS, the Legislature acknowledges that the state's
8 system of justice yielded an imperfect result with tragic
9 consequences in this case, and
10 WHEREAS, the Legislature acknowledges that Wilton Dedge
11 incurred significant damages unique to Wilton Dedge as a
12 result of his conviction and physical confinement and that all
13 the damages flowed from the fact that he was physically
14 restrained and prevented from exercising the freedom to which
15 all innocent citizens are entitled, and
16 WHEREAS, the Legislature acknowledges that Wilton Dedge
17 performed valuable services for the state while imprisoned,
18 including serving as a licensed wastewater plant operator, and
19 WHEREAS, the Legislature acknowledges that Wilton
20 Dedge's parents incurred significant expenses related to his
21 defense and related to the prolonged efforts to establish his
22 innocence and secure his release from prison, and
23 WHEREAS, the Legislature is providing compensation to
24 Wilton Dedge to acknowledge the fact that he suffered
25 significant damages unique to Wilton Dedge which resulted from
26 his physical restraint and the deprivation of freedom, and
27 WHEREAS, the Legislature is providing compensation to
28 Wilton Dedge based on a moral desire to acknowledge his
29 undisputed and actual innocence and not on a recognition of a
30 constitutional right or violation, and
31 WHEREAS, the Legislature intends that compensation made
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 12-B
Barcode 112810
1 pursuant to this act shall be the sole compensation to be
2 provided by the state for any and all present and future
3 claims arising out of the factual situation in connection with
4 Wilton Dedge's conviction and imprisonment, and
5 WHEREAS, the Legislature apologizes to Wilton Dedge on
6 behalf of the state, NOW, THEREFORE,
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