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A bill to be entitled

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An act for the relief of Luis Diaz; providing an

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appropriation to compensate Luis Diaz for injuries and

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damages sustained as a result of his wrongful

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imprisonment; directing the Chief Financial Officer to

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draw a warrant; providing conditions for payment;

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providing a limitation on the payment of fees and costs;

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providing an effective date.

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     WHEREAS, in the late 1970s, multiple rapes and assaults were

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committed in Miami by an individual dubbed the "Bird Road Rapist"

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by the press, and

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     WHEREAS, the Miami-Dade Police Department arrested Luis Diaz

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on August 29, 1979, in connection with the Bird Road rapes, and

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     WHEREAS, at the time of his arrest, Luis Diaz had no prior

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criminal record and was married with three young children, and

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     WHEREAS, Luis Diaz was convicted in the Circuit Court in and

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for Miami-Dade County, Florida, of seven attacks committed by the

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Bird Road Rapist and was sentenced to three consecutive life

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sentences in prison, and

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     WHEREAS, two of Luis Diaz's convictions were vacated in 2002

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after two victims came forward and recanted their identification

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of Luis Diaz as their attacker, and

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     WHEREAS, Luis Diaz's remaining convictions were vacated in

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August 2005 after DNA evidence conclusively proved that he was

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not the Bird Road Rapist, and

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     WHEREAS, Luis Diaz was held in custody continuously from the

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date of his arrest on August 29, 1979, until August 3, 2005, and

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     WHEREAS, Luis Diaz has always maintained his innocence, and

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     WHEREAS, as a result of his wrongful conviction, Luis Diaz

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suffered loss of income, endured indignities, embarrassment, and

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injury to his reputation, and sustained severe mental anguish,

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emotional distress, loss of personal freedom, loss of civil

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rights, including the right to vote and participate in

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government, loss of the right to pursue educational

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opportunities, loss of family life, loss of individual liberty,

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including the right to choose his diet and his daily schedule,

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loss of freedom of expression, and loss of the freedom to

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determine how he would spend his recreational time, and

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     WHEREAS, Luis Diaz has filed a lawsuit against Miami-Dade

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County and the police officers involved in his arrest, seeking

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compensation for his wrongful imprisonment, and

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     WHEREAS, considering the totality of the circumstances,

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equity and justice dictate that this miscarriage of justice

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should be addressed by the Legislature of the State of Florida,

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NOW, 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 to this act are

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found and declared to be true.

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     Section 2. The sum of $5 million is appropriated out of

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funds in the State Treasury to compensate Luis Diaz for injuries

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and damages sustained.

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     Section 3. The Chief Financial Officer is directed to draw

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a warrant in favor of Luis Diaz in the sum of $5 million out of

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funds in the State Treasury and pay the same out of such funds in

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the State Treasury upon delivery by Luis Diaz to the Chief

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Financial Officer, the Department of Financial Services, the

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President of the Senate, and the Speaker of the House of

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Representatives of the following:

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     (1) An executed release and waiver on behalf of Luis Diaz

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and his heirs, successors, and assigns, forever releasing the

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State of Florida and any agency, instrumentality, officer,

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employee, or political subdivision thereof, or any other entity

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subject to the provisions of s. 768.28, Florida Statutes, from

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all present or future claims or declaratory relief that the

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claimant or his heirs, successors, or assigns may have against

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such enumerated entities and arising out of the factual situation

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in connection with the convictions for which compensation is

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awarded. However, declaratory action to obtain judicial

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expungement of Luis Diaz's criminal record as otherwise provided

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by law is not prohibited by this act; and

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     (2) An order from the court having jurisdiction over the

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lawsuit filed by Luis Diaz dismissing the claim with prejudice.

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     Section 4. This act does not constitute a waiver of any

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defense of sovereign immunity or an increase in the limits of

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liability on behalf of the state or any person or entity subject

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to the provisions of s. 768.28, Florida Statutes, or any other

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law.

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     Section 5. This award is intended to provide the sole

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compensation for all present and future claims arising out of the

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factual situation in connection with Luis Diaz's conviction and

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imprisonment. The total amount paid for attorney's fees, lobbying

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fees, costs, or other similar expenses may not exceed 25 percent

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of the amount awarded under the act.

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     Section 6.  This act shall take effect upon becoming a law.