Senate Bill sb0012Be1

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    SB 12-B                                        First Engrossed



  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 the

  6         purchase of an annuity; providing for waiver of

  7         specified tuition and fees; providing

  8         conditions for payment; providing legislative

  9         intent; providing an effective date.

10  

11         WHEREAS, Wilton Dedge was convicted of rape and

12  imprisoned for 22 years, and

13         WHEREAS, the initial conviction was appealed and

14  reversed, and

15         WHEREAS, on retrial Wilton Dedge was again convicted,

16  which conviction was affirmed on appeal, and

17         WHEREAS, the Circuit Court in the Eighteenth Judicial

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

19  and discharge Wilton Dedge from custody based on DNA evidence

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

21  and

22         WHEREAS, Wilton Dedge was in fact released on August

23  12, 2004, and

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

25  Second Judicial Circuit requesting, among other things, a

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

27  government without compensation and requesting damages for the

28  taking of Mr. Dedge's liberty, and

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

30  Judicial Circuit court, which found that claims for damages

31  from the state are banned by the doctrine of sovereign


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    SB 12-B                                        First Engrossed



 1  immunity, and that only the Legislature can address the issue

 2  of compensation under existing law, and

 3         WHEREAS, Wilton Dedge has appealed the order to the

 4  First District Court of Appeal, Case No. 1D05-4288, and

 5         WHEREAS, the Legislature recognizes that no system of

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

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

 8  account the reality of the human fallibility of the

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

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

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

12  and

13         WHEREAS, the Legislature acknowledges that the state's

14  system of justice yielded an imperfect result with tragic

15  consequences in this case, and

16         WHEREAS, the Legislature acknowledges that Wilton Dedge

17  incurred significant damages unique to Wilton Dedge as a

18  result of his conviction and physical confinement and that all

19  the damages flowed from the fact that he was physically

20  restrained and prevented from exercising the freedom to which

21  all innocent citizens are entitled, and

22         WHEREAS, the Legislature acknowledges that Wilton Dedge

23  performed valuable services for the state while imprisoned,

24  including serving as a licensed wastewater plant operator, and

25         WHEREAS, the Legislature acknowledges that Wilton

26  Dedge's parents incurred significant expenses related to his

27  defense and related to the prolonged efforts to establish his

28  innocence and secure his release from prison, and

29         WHEREAS, the Legislature is providing compensation to

30  Wilton Dedge to acknowledge the fact that he suffered

31  


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    SB 12-B                                        First Engrossed



 1  significant damages unique to Wilton Dedge which resulted from

 2  his physical restraint and the deprivation of freedom, and

 3         WHEREAS, the Legislature is providing compensation to

 4  Wilton Dedge based on a moral desire to acknowledge his

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

 6  constitutional right or violation, and

 7         WHEREAS, the Legislature intends that compensation made

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

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

10  claims arising out of the factual situation in connection with

11  Wilton Dedge's conviction and imprisonment, and

12         WHEREAS, the Legislature apologizes to Wilton Dedge on

13  behalf of the state, NOW, THEREFORE,

14  

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

16  

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

18  act are found and declared to be true.

19         Section 2.  There is appropriated from the General

20  Revenue Fund the sum of $2 million to the Department of

21  Financial Services under the conditions provided in this act.

22         Section 3.  The Chief Financial Officer is directed to

23  draw a warrant in the sum of $2 million for the purposes

24  provided in this act. After March 6, 2006, the Chief Financial

25  Officer is no longer authorized to draw a warrant under this

26  section.

27         Section 4.  The Department of Financial Services shall

28  pay the funds appropriated under this act to an insurance

29  company or other financial institution admitted and authorized

30  to issue annuity contracts in this state and selected by

31  Wilton Dedge, to purchase an annuity. The Department of


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    SB 12-B                                        First Engrossed



 1  Financial Services is directed to execute all necessary

 2  agreements to implement this act.

 3         Section 5.  Tuition and fees shall be waived for up to

 4  a total of 120 hours of instruction at any career center

 5  established pursuant to s. 1001.44, Florida Statutes, at any

 6  community college established under part III of chapter 1004,

 7  Florida Statutes, or any state university. For any educational

 8  benefit made, Wilton Dedge is required to meet and maintain

 9  the regular admission requirements of, and be registered at,

10  such career center, community college, or state university and

11  make satisfactory academic progress as defined by the

12  educational institution in which the claimant is enrolled.

13         Section 6.  The Chief Financial Officer shall purchase

14  the annuity as required by this act upon delivery by Wilton

15  Dedge to the Chief Financial Officer, the Department of

16  Financial Services, the President of the Senate, and the

17  Speaker of the House of Representatives of all of the

18  following:

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

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

21  releasing the State of Florida and any agency,

22  instrumentality, officer, employee, or political subdivision

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

24  768.28, Florida Statutes, from any and all present or future

25  claims, or declaratory relief the claimant or any of his

26  parents, heirs, successors, or assigns may have against such

27  enumerated entities and arising out of the factual situation

28  in connection with the conviction for which compensation is

29  awarded. However, declaratory action to obtain judicial

30  expungement of Wilton Dedge's judicial and executive branch

31  


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    SB 12-B                                        First Engrossed



 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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