Florida Senate - 2009 (Reformatted) SB 34 By Senator Hill 1-00137-09 200934__ 1 A bill to be entitled 2 An act for the relief of the descendents of Mrs. 3 Johnnie Mae Chappell, Claimants; directing the 4 Division of Administrative Hearings to appoint an 5 administrative law judge to determine whether a basis 6 for equitable relief exists for the purpose of 7 compensating the descendents of Mrs. Johnnie Mae 8 Chappell for any wrongful act or omission by the State 9 of Florida, or officials thereof; authorizing such 10 compensation upon a determination by the 11 administrative law judge; requiring a report to the 12 Legislature; providing a limitation on the payment of 13 fees and costs; providing an appropriation; providing 14 an effective date. 15 16 WHEREAS, on March 23, 1964, Mrs. Johnnie Mae Chappell, a 17 35-year-old mother of 10 children was shot outside the Banner 18 Market on New Kings Road in Jacksonville, Florida, and 19 WHEREAS, Mrs. Chappell died in route to the hospital, in an 20 ambulance reserved for the Black residents of Jacksonville and 21 Duval County, even though an ambulance for White residents was 22 located closer to the area where Mrs. Chappell was shot, and 23 WHEREAS, this incident occurred during a time when race 24 riots were occurring every day in the downtown area of 25 Jacksonville, stores were being looted and burned, and peaceful 26 marches were disbanded by violent means, and 27 WHEREAS, the State of Florida determined that Willie 28 Chappell, Mrs. Johnnie Mae Chappell's husband, was not capable 29 of taking proper care of his 10 children following the murder of 30 their mother, and ordered that the children be sent to 31 relatives, foster homes, and juvenile shelters, and 32 WHEREAS, the Chappell siblings not only lost their mother 33 forever, they lost contact with each other for decades and had 34 only vague information concerning the murder of their mother, 35 and 36 WHEREAS, in 1996, Shelton Chappell, the youngest child of 37 Mrs. Johnnie Mae Chappell, met former Jacksonville Sheriff's 38 Office Detectives Lee Cody and Donald Coleman who had obtained 39 confessions from three men concerning the murder, but the former 40 detectives informed Shelton Chappell that they thought that the 41 investigation of the Chappell case had been subverted because 42 they had been prevented from further investigating the case, and 43 WHEREAS, the four suspects in the case, J. W. Rich, Elmer 44 Cato, Wayne Chessman, and James Davis, were each indicted by a 45 grand jury on the charge of first-degree murder, with J. W. Rich 46 accused of pulling the trigger and the three other men charged 47 with aiding and encouraging the crime, and 48 WHEREAS, on November 30, 1964, after a 2-day trial, an all 49 White male jury convicted J. W. Rich of the lesser charge of 50 manslaughter rather than first-degree murder, for which he 51 served 3 years in prison, and state prosecutors dropped charges 52 against the other three defendants, citing insufficient 53 evidence, and 54 WHEREAS, in the fall of 1965, Detectives Lee Cody and 55 Donald Coleman were fired from the Jacksonville Sheriff's Office 56 for insubordination after repeatedly trying to convince outside 57 authorities to investigate corruption within the sheriff's 58 office, including the Chappell murder, and 59 WHEREAS, the State Attorney has refused to reopen the case 60 for prosecution and the Department of Law Enforcement has failed 61 to issue a report concerning the case as requested, NOW, 62 THEREFORE, 63 64 Be It Enacted by the Legislature of the State of Florida: 65 66 Section 1. The facts stated in the preamble to this act are 67 found and declared to be true. 68 Section 2. The Division of Administrative Hearings shall 69 appoint an administrative law judge to conduct a hearing and 70 determine whether a basis for equitable relief exists for the 71 purpose of compensating the descendents of Mrs. Johnnie Mae 72 Chappell for any wrongful act or omission of the State of 73 Florida, or officials thereof, which occurred in the 74 investigation of the murder of Mrs. Johnnie Mae Chappell. The 75 Department of Legal Affairs shall provide representation for the 76 State of Florida. 77 Section 3. (1) If the administrative law judge determines 78 by a preponderance of the evidence that the State of Florida, or 79 officials thereof, committed a wrongful act or omission and that 80 a basis for equitable relief exists, the administrative law 81 judge may award the descendents of Mrs. Johnnie Mae Chappell the 82 amount of $_______ each. The administrative law judge shall 83 report his or her determination to the President of the Senate 84 and the Speaker of the House of Representatives by July 1, 2009. 85 The Chief Financial Officer is directed to draw a warrant in 86 satisfaction of the relief awarded by the administrative law 87 judge, as provided in this act, and to pay the warrant out of 88 funds appropriated by this act. 89 (2) This award is intended to provide the sole compensation 90 for all present and future claims arising out of the factual 91 situation described in this act which resulted in the death of 92 Mrs. Johnnie Mae Chappell. The total amount paid for attorney's 93 fees, lobbying fees, costs, and other similar expenses relating 94 to this claim may not exceed 25 percent of the amount awarded 95 under this act. 96 Section 4. The sum of $_______ is appropriated from the 97 General Revenue Fund for the purpose of funding any amounts 98 awarded under this act. 99 Section 5. This act shall take effect upon becoming a law.