Senate Bill sb0012B

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 12-B

    By Senators Webster and Haridopolos





    9-844A-06                                          See HB 47-B

  1                      A bill to be entitled

  2         An act providing an appropriation to compensate

  3         Wilton Dedge; providing authority to draw

  4         warrant; providing a limitation on the

  5         authority to draw the warrant; requiring a

  6         specified distribution of funds; providing a

  7         condition for payment; providing legislative

  8         intent; providing an effective date.

  9  

10         WHEREAS, Wilton Dedge was convicted of rape and

11  imprisoned for 22 years, and

12         WHEREAS, the initial conviction was appealed and

13  reversed, and

14         WHEREAS, on retrial Wilton Dedge was again convicted,

15  which conviction was affirmed on appeal, and

16         WHEREAS, the Circuit Court in the Eighteenth Judicial

17  Circuit granted the state's motion to dismiss pending charges

18  and discharge Wilton Dedge from custody based on DNA evidence

19  that excluded Wilton Dedge as the perpetrator of the crime,

20  and

21         WHEREAS, Wilton Dedge was in fact released on August

22  12, 2004, and

23         WHEREAS, Wilton Dedge and his parents filed suit in the

24  Second Judicial Circuit requesting, among other things, a

25  declaratory judgment that Mr. Dedge's liberty was taken by the

26  government without compensation and requesting damages for the

27  taking of Mr. Dedge's liberty and property, and

28         WHEREAS, the suit was dismissed by order of the Second

29  Judicial Circuit court, which found that Mr. Dedge's parents

30  have no standing to recover damages suffered by an adult

31  child, that claims for damages from the state are banned by

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    Florida Senate - 2005                                  SB 12-B
    9-844A-06                                          See HB 47-B




 1  the doctrine of sovereign immunity, and that only the

 2  Legislature can address the issue of compensation under

 3  existing law, and

 4         WHEREAS, Wilton Dedge has appealed the order to the

 5  First District Court of Appeal, Case No. 1D05-4288, which

 6  appeal is pending, and

 7         WHEREAS, the Legislature recognizes that no system of

 8  justice is impervious to human error. "Given the myriad

 9  safeguards provided to assure a fair trial, and taking into

10  account the reality of the human fallibility of the

11  participants, there can be no such thing as an error-free,

12  perfect trial, and ... the Constitution does not guarantee

13  such a trial." United States v. Hasting, 461 U.S. 499(1983),

14  and

15         WHEREAS, the Legislature acknowledges that the state's

16  system of justice yielded an imperfect result with tragic

17  consequences in this case, and

18         WHEREAS, the Legislature acknowledges that Wilton Dedge

19  incurred significant losses unique to Wilton Dedge as a result

20  of his conviction and physical confinement and that all the

21  losses flowed from the fact that he was physically restrained

22  and prevented from exercising the freedom to which all

23  innocent citizens are entitled, and

24         WHEREAS, the Legislature acknowledges that Wilton Dedge

25  performed valuable services for the state while imprisoned,

26  including serving as a licensed waste-water plant operator,

27  and

28         WHEREAS, the Legislature acknowledges that Wilton

29  Dedge's parents incurred significant expenses related to his

30  defense and related to the prolonged efforts to establish his

31  innocence and secure his release from prison, and

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    Florida Senate - 2005                                  SB 12-B
    9-844A-06                                          See HB 47-B




 1         WHEREAS, the Legislature is providing compensation to

 2  Wilton Dedge to acknowledge the fact that he suffered

 3  significant damages unique to Wilton Dedge which resulted from

 4  his physical restraint and the deprivation of freedom, and

 5         WHEREAS, the Legislature is providing compensation to

 6  Wilton Dedge based on a moral desire to acknowledge his

 7  undisputed and actual innocence and not on a recognition of a

 8  constitutional right or violation, and

 9         WHEREAS, the Legislature intends that compensation made

10  pursuant to this act shall be the sole compensation to be

11  provided by the state for any and all present and future

12  claims arising out of the factual situation in connection with

13  Wilton Dedge's conviction and imprisonment, and

14         WHEREAS, the Legislature apologizes to Wilton Dedge on

15  behalf of the state, NOW, THEREFORE,

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  The facts stated in the preamble to this

20  act are found and declared to be true.

21         Section 2.  There is appropriated from the General

22  Revenue Fund the sum of $2,000,000 to be paid to Wilton Dedge

23  under the conditions provided in this act.

24         Section 3.  The Chief Financial Officer is directed to

25  draw a warrant to the State Board of Administration in the sum

26  of $2,000,000 for the purposes provided in this act, the funds

27  to be distributed in accordance with the letter of agreement

28  between Wilton Dedge, Mr. and Mrs. Walter Gary Dedge, Sr., and

29  the State Board of Administration. The State Board of

30  Administration, the State Division of Retirement, and the

31  State Department of Management Services are required to

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    Florida Senate - 2005                                  SB 12-B
    9-844A-06                                          See HB 47-B




 1  provide such support and assistance as directed by the terms

 2  of the letter of agreement and are authorized and directed to

 3  provide for health care insurance, including mental health and

 4  dental coverage for Wilton Dedge, the expense of which shall

 5  be borne by Wilton Dedge. Access to state education programs

 6  shall be provided on a scholarship basis without tuition or

 7  fees, provided that Wilton Dedge shall be required to meet and

 8  maintain the regular admission requirements of, and be

 9  registered at, such state educational program. After March 6,

10  2006, the Chief Financial Officer is no longer authorized to

11  draw a warrant under this section.

12         Section 4.  The State Board of Administration shall

13  disburse funds under the letter of agreement upon delivery by

14  Wilton Dedge to the Chief Financial Officer, the State Board

15  of Administration, the President of the Senate, and the

16  Speaker of the House of Representatives of all of the

17  following:

18         (1)  An executed release and waiver on behalf of Wilton

19  Dedge and his parents, heirs, successors, and assigns forever

20  releasing the State of Florida and any agency,

21  instrumentality, officer, employee, or political subdivision

22  thereof or any other entity subject to the provisions of s.

23  768.28, Florida Statutes, from any and all present or future

24  claims the claimant or any of his parents, heirs, successors,

25  or assigns may have against such enumerated entities and

26  arising out of the factual situation in connection with the

27  conviction for which compensation is awarded.

28         (2)  An order from the court having jurisdiction of the

29  legal claim filed by Wilton Dedge and his parents dismissing

30  the claim with prejudice, provided that it is the intent of

31  this legislation to allow Wilton Dedge to obtain full

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    Florida Senate - 2005                                  SB 12-B
    9-844A-06                                          See HB 47-B




 1  expungement of the judicial and executive branch records of

 2  his conviction as otherwise provided by law.

 3         Section 5.  The Legislature shall not be deemed by this

 4  act to have waived any defense of sovereign immunity or to

 5  have increased the limits of liability on behalf of the state

 6  or any person or entity subject to the provisions of s.

 7  768.28, Florida Statutes, or any other law.

 8         Section 6.  This award is intended to provide sole

 9  compensation for any and all present and future claims arising

10  out of the factual situation in connection with Wilton Dedge's

11  conviction and imprisonment. No further award for attorney's

12  fees, lobbying fees, costs, or other similar expenses will be

13  made by the state.

14         Section 7.  This act shall take effect upon becoming a

15  law.

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