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A bill to be entitled

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An act for the relief of the descendents of Mrs. Johnnie

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Mae Chappell, Claimants; directing the Division of

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Administrative Hearings to appoint an administrative law

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judge to determine whether a basis for equitable relief

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exists for the purpose of compensating the descendents of

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Mrs. Johnnie Mae Chappell for any wrongful act or omission

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by the State of Florida, or officials thereof; authorizing

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such compensation upon a determination by the

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administrative law judge; requiring a report to the

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Legislature; providing a limitation on the payment of fees

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and costs; providing an appropriation; providing an

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effective date.

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     WHEREAS, on March 23, 1964, Mrs. Johnnie Mae Chappell, a 35-

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year-old mother of 10 children was shot outside the Banner Market

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on New Kings Road in Jacksonville, Florida, and

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     WHEREAS, Mrs. Chappell died in route to the hospital, in an

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ambulance reserved for the Black residents of Jacksonville and

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Duval County, even though an ambulance for White residents was

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located closer to the area where Mrs. Chappell was shot, and

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     WHEREAS, this incident occurred during a time when race

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riots were occurring every day in the downtown area of

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Jacksonville, stores were being looted and burned, and peaceful

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marches were disbanded by violent means, and

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     WHEREAS, the State of Florida determined that Willie

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Chappell, Mrs. Johnnie Mae Chappell's husband, was not capable of

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taking proper care of his 10 children following the murder of

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their mother, and ordered that the children be sent to relatives,

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foster homes, and juvenile shelters, and

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     WHEREAS, the Chappell siblings not only lost their mother

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forever, they lost contact with each other for decades and had

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only vague information concerning the murder of their mother, and

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     WHEREAS, in 1996, Shelton Chappell, the youngest child of

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Mrs. Johnnie Mae Chappell, met former Jacksonville Sheriff's

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Office Detectives Lee Cody and Donald Coleman who had obtained

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confessions from three men concerning the murder, but the former

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detectives informed Shelton Chappell that they thought that the

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investigation of the Chappell case had been subverted because

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they had been prevented from further investigating the case, and

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     WHEREAS, the four suspects in the case, J. W. Rich, Elmer

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Cato, Wayne Chessman, and James Davis, were each indicted by a

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grand jury on the charge of first-degree murder, with J. W. Rich

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accused of pulling the trigger and the three other men charged

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with aiding and encouraging the crime, and

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     WHEREAS, on November 30, 1964, after a 2-day trial, an all-

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White male jury convicted J. W. Rich of the lesser charge of

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manslaughter rather than first-degree murder, for which he served

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3 years in prison, and state prosecutors dropped charges against

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the other three defendants, citing insufficient evidence, and

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     WHEREAS, in the fall of 1965, Detectives Lee Cody and Donald

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Coleman were fired from the Jacksonville Sheriff's Office for

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insubordination after repeatedly trying to convince outside

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authorities to investigate corruption within the sheriff's

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office, including the Chappell murder, and

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     WHEREAS, the State Attorney has refused to reopen the case

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for prosecution and the Department of Law Enforcement has failed

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to issue a report concerning the case as requested, NOW,

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THEREFORE,

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

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     Section 1. The facts stated in the preamble of this act are

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found and declared to be true.

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     Section 2. The Division of Administrative Hearings shall

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appoint an administrative law judge to conduct a hearing and

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determine whether a basis for equitable relief exists for the

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purpose of compensating the descendents of Mrs. Johnnie Mae

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Chappell for any wrongful act or omission of the State of

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Florida, or officials thereof, which occurred in the

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investigation of the murder of Mrs. Johnnie Mae Chappell. The

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Department of Legal Affairs shall provide representation for the

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State of Florida.

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     Section 3. (1) If the administrative law judge determines

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by a preponderance of the evidence that the State of Florida, or

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officials thereof, committed a wrongful act or omission and that

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a basis for equitable relief exists, the administrative law judge

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may award the descendents of Mrs. Johnnie Mae Chappell the amount

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of $_______ each. The administrative law judge shall report his

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or her determination to the President of the Senate and the

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Speaker of the House of Representatives by July 1, 2008. The

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Chief Financial Officer is directed to draw a warrant in

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satisfaction of the relief awarded by the administrative law

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judge, as provided in this act, and to pay the warrant out of

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funds appropriated by this act.

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     (2) This award is intended to provide the sole compensation

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for all present and future claims arising out of the factual

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situation described in this act which resulted in the death of

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Mrs. Johnnie Mae Chappell. The total amount paid for attorney's

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fees, lobbying fees, costs, and other similar expenses relating

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to this claim may not exceed 25 percent of the amount awarded

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under this act.

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     Section 4. The sum of $_______ is appropriated from the

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General Revenue Fund for the purpose of funding any amounts

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awarded under this act.

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     Section 5.  This act shall take effect upon becoming a law.