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.