HB 161

1	A bill to be entitled
2	An act for the relief of William Dillon, who was
3	wrongfully incarcerated for 27 years and exonerated by a
4	court after DNA testing; providing an appropriation to
5	compensate Mr. Dillon for his wrongful incarceration;
6	directing the Chief Financial Officer to draw a warrant
7	for the purchase of an annuity; providing for a waiver of
8	certain tuition and fees; providing conditions for
9	payment; providing that the act does not waive certain
10	defenses or increase the state's liability; providing a
11	limitation on the payment of fees and costs; providing an
12	effective date.
13
14	WHEREAS, William Dillon was wrongfully convicted of first-
15	degree murder and imprisoned for 27 years, and
16	WHEREAS, even though the current State Attorney, an
17	assistant public defender at the time of Mr. Dillon's
18	conviction, publicly stated that dog scent evidence should be
19	banned because it had not "reached the level of reasonable
20	scientific credibility," the State of Florida allowed a
21	discredited dog handler to provide false and implausible
22	testimony improperly connecting William Dillon to the murder,
23	and
24	WHEREAS, the same dog handler provided false testimony
25	against Juan Ramos and Wilton Dedge, and
26	WHEREAS, in exchange for dismissal of a charge of sexual
27	battery on a child, a jailhouse informant manufactured false
28	testimony against William Dillon which improperly connected him
29	to the murder, and
30	WHEREAS, a key witness, after having sexual relations with
31	the lead investigating detective, was threatened with excessive
32	incarceration unless she falsely implicated William Dillon in
33	the murder, and
34	WHEREAS, the Circuit Court in the Eighteenth Judicial
35	Circuit granted the state's motion to discharge William Dillon
36	from custody based on DNA evidence that excluded William Dillon
37	as the perpetrator of the crime, and
38	WHEREAS, William Dillon was released on November 18, 2008,
39	and
40	WHEREAS, the Legislature acknowledges that the state's
41	system of justice yielded an imperfect result that had tragic
42	consequences in this case, and
43	WHEREAS, William Dillon was subjected to severe physical
44	and sexual abuse during his wrongful incarceration, and
45	WHEREAS, William Dillon incurred severe and permanent
46	dental damage as a result of a lack of dental care while
47	incarcerated, and
48	WHEREAS, the Legislature acknowledges that, as a result of
49	his conviction and physical confinement, William Dillon suffered
50	significant damages that are unique to William Dillon and all of
51	those damages are due to the fact that he was physically
52	restrained and prevented from exercising the freedom to which
53	all innocent citizens are entitled, and
54	WHEREAS, William Dillon, before his wrongful conviction for
55	the above-mentioned crime, pleaded guilty to a nonviolent felony
56	when he was 19 years old, and
57	WHEREAS, because of his prior felony conviction, William
58	Dillon is ineligible for compensation for each year of wrongful
59	incarceration under chapter 961, Florida Statutes, and
60	WHEREAS, the Legislature is providing compensation to
61	William Dillon to acknowledge the fact that he suffered
62	significant damages that are unique to William Dillon and are
63	the result of his physical restraint and deprivation of freedom,
64	and
65	WHEREAS, the Legislature is providing compensation to
66	William Dillon based on a moral desire to acknowledge his
67	undisputed and actual innocence, not in recognition of a
68	constitutional right or violation, and
69	WHEREAS, the compensation provided by this act is the sole
70	compensation from the state for any and all present and future
71	claims arising out of the factual situation in connection with
72	William Dillon's wrongful conviction and incarceration, and
73	WHEREAS, the Legislature apologizes to William Dillon on
74	behalf of the state, NOW, THEREFORE,
75
76	Be It Enacted by the Legislature of the State of Florida:
77
78	Section 1.  The facts stated in the preamble to this act
79	are found and declared to be true.
80	Section 2.  There is appropriated from the General Revenue
81	Fund the sum of $1,350,000 to the Department of Financial
82	Services under the conditions provided in this act, to be
83	calculated at $50,000 per year for each year William Dillon was
84	wrongfully incarcerated, plus retroactive interest compounded
85	annually at the prevailing rate from the beginning of William
86	Dillon's wrongful incarceration, plus any additional damages for
87	physical harm incurred during William Dillon's wrongful
88	incarceration as determined by the Special Master.
89	Section 3.  The Chief Financial Officer is directed to draw
90	a warrant in the total sum specified in section 2 for the
91	purposes provided in this act.
92	Section 4.  The Department of Financial Services shall pay
93	the funds appropriated under this act to an insurance company or
94	other financial institution admitted and authorized to issue
95	annuity contracts in this state and selected by William Dillon
96	to purchase an annuity. The Department of Financial Services
97	shall execute all necessary agreements to implement this act.
98	Section 5.  Tuition and fees for William Dillon shall be
99	waived for up to a total of 120 hours of instruction at any
100	career center established pursuant to s. 1001.44, Florida
101	Statutes, community college established under part III of
102	chapter 1004, Florida Statutes, or state university. For any
103	educational benefit made, William Dillon must meet and maintain
104	the regular admission requirements of, and be registered at,
105	such career center, community college, or state university and
106	make satisfactory academic progress as defined by the
107	educational institution in which he is enrolled.
108	Section 6.  The Chief Financial Officer shall purchase the
109	annuity required by this act upon delivery by William Dillon to
110	the Chief Financial Officer, the Department of Financial
111	Services, the President of the Senate, and the Speaker of the
112	House of Representatives of an executed release and waiver on
113	behalf of William Dillon and his heirs, successors, and assigns
114	forever releasing the State of Florida and any agency,
115	instrumentality, officer, employee, or political subdivision
116	thereof or any other entity subject to the provisions of s.
117	768.28, Florida Statutes, from any and all present or future
118	claims or declaratory relief that the claimant or any of his
119	heirs, successors, or assigns may have against such enumerated
120	entities and arising out of the factual situation in connection
121	with the conviction for which compensation is awarded. However,
122	this act does not prohibit declaratory action to obtain judicial
123	expungement of William Dillon's records within a judicial or
124	executive branch agency as otherwise provided by law.
125	Section 7.  The Legislature by this act does not waive any
126	defense of sovereign immunity or increase the limits of
127	liability on behalf of the state or any person or entity that is
128	subject to s. 768.28, Florida Statutes, or any other law.
129	Section 8.  This award is intended to provide the sole
130	compensation for any and all present and future claims arising
131	out of the factual situation in connection with William Dillon's
132	conviction and imprisonment, and no part of the award shall be
133	paid for attorney's fees, lobbying fees, costs, or other similar
134	expenses.
135	Section 9.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.