Florida Senate - 2011                       (NP)    CS for SB 46
       
       
       
       By the Committee on Rules; and Senator Haridopolos
       
       
       
       
       595-03369-11                                            201146c1
    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
    4         a court after DNA testing; providing an appropriation
    5         to compensate Mr. Dillon for his wrongful
    6         incarceration; directing the Chief Financial Officer
    7         to draw a warrant for the purchase of an annuity;
    8         providing for a waiver of certain tuition and fees;
    9         providing conditions for payment; providing that the
   10         act does not waive certain defenses or increase the
   11         state’s liability; providing a limitation on the
   12         payment of fees and costs; providing that certain
   13         benefits are void upon a finding that Mr. Dillon is
   14         not innocent of the alleged crime; providing an
   15         effective date.
   16  
   17         WHEREAS, William Dillon was wrongfully convicted of first
   18  degree murder and imprisoned for 27 years, and
   19         WHEREAS, even though the current State Attorney, an
   20  assistant public defender at the time of Mr. Dillon’s
   21  conviction, publicly stated that dog scent evidence should be
   22  banned because it had not “reached the level of reasonable
   23  scientific credibility,” the State of Florida allowed a
   24  discredited dog handler to provide false and implausible
   25  testimony improperly connecting William Dillon to the murder,
   26  and
   27         WHEREAS, the same dog handler provided false testimony
   28  against Juan Ramos and Wilton Dedge, and
   29         WHEREAS, the prosecutors presented witness testimony
   30  against William Dillon which the prosecutors knew or should have
   31  known was unreliable, and
   32         WHEREAS, the Circuit Court in the Eighteenth Judicial
   33  Circuit granted the state’s motion to discharge William Dillon
   34  from custody based on DNA evidence that excluded William Dillon
   35  as the perpetrator of the crime, and
   36         WHEREAS, William Dillon was released on November 18, 2008,
   37  and
   38         WHEREAS, the Legislature acknowledges that the state’s
   39  system of justice yielded an imperfect result that had tragic
   40  consequences in this case, and
   41         WHEREAS, William Dillon was subjected to severe physical
   42  and sexual abuse during his wrongful incarceration, and
   43         WHEREAS, William Dillon incurred severe and permanent
   44  dental damage as a result of a lack of dental care while
   45  incarcerated, and
   46         WHEREAS, the Legislature acknowledges that, as a result of
   47  his conviction and physical confinement, William Dillon suffered
   48  significant damages that are unique to William Dillon and all of
   49  those damages are due to the fact that he was physically
   50  restrained and prevented from exercising the freedom to which
   51  all innocent citizens are entitled, and
   52         WHEREAS, William Dillon, before his wrongful conviction for
   53  the above-mentioned crime, pled guilty to a nonviolent felony
   54  when he was 19 years old, and
   55         WHEREAS, because of his prior felony conviction, William
   56  Dillon is ineligible for compensation for each year of wrongful
   57  incarceration under chapter 961, Florida Statutes, and
   58         WHEREAS, the Legislature is providing compensation to
   59  William Dillon to acknowledge the fact that he suffered
   60  significant damages that are unique to William Dillon and are
   61  the result of his physical restraint and deprivation of freedom,
   62  and
   63         WHEREAS, the Legislature is providing compensation to
   64  William Dillon based on a moral desire to acknowledge his
   65  undisputed and actual innocence, not in recognition of a
   66  constitutional right or violation, and
   67         WHEREAS, the compensation provided by this act is the sole
   68  compensation from the state for any and all present and future
   69  claims arising out of the factual situation in connection with
   70  William Dillon’s wrongful conviction and incarceration, and
   71         WHEREAS, the Legislature apologizes to William Dillon on
   72  behalf of the state, NOW, THEREFORE,
   73  
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. The facts stated in the preamble to this act are
   77  found and declared to be true.
   78         Section 2. The sum of $810,000 is appropriated from the
   79  General Revenue Fund to the Department of Financial Services
   80  under the conditions provided in this act.
   81         Section 3. The Chief Financial Officer is directed to draw
   82  a warrant in the total sum specified in section 2 for the
   83  purposes provided in this act.
   84         Section 4. The Department of Financial Services shall pay
   85  the funds appropriated under this act to an insurance company or
   86  other financial institution admitted and authorized to issue
   87  annuity contracts in this state and selected by William Dillon
   88  to purchase an annuity. The Department of Financial Services
   89  shall execute all necessary agreements to implement this act.
   90         Section 5. Tuition and fees for William Dillon shall be
   91  waived for up to a total of 120 hours of instruction at any
   92  career center established pursuant to s. 1001.44, Florida
   93  Statutes, community college established under part III of
   94  chapter 1004, Florida Statutes, or state university. For any
   95  educational benefit made, William Dillon must meet and maintain
   96  the regular admission requirements of, and be registered at,
   97  such career center, community college, or state university and
   98  make satisfactory academic progress as defined by the
   99  educational institution in which he is enrolled.
  100         Section 6. The Chief Financial Officer shall purchase the
  101  annuity required by this act upon delivery by William Dillon to
  102  the Chief Financial Officer, the Department of Financial
  103  Services, the President of the Senate, and the Speaker of the
  104  House of Representatives of an executed release and waiver on
  105  behalf of William Dillon and his heirs, successors, and assigns
  106  forever releasing the State of Florida and any agency,
  107  instrumentality, officer, employee, or political subdivision
  108  thereof or any other entity subject to the provisions of s.
  109  768.28, Florida Statutes, from any and all present or future
  110  claims or declaratory relief that the claimant or any of his
  111  heirs, successors, or assigns may have against such enumerated
  112  entities and arising out of the factual situation in connection
  113  with the conviction for which compensation is awarded. However,
  114  this act does not prohibit declaratory action to obtain judicial
  115  expungement of William Dillon’s records within a judicial or
  116  executive branch agency as otherwise provided by law.
  117         Section 7. The Legislature by this act does not waive any
  118  defense of sovereign immunity or increase the limits of
  119  liability on behalf of the state or any person or entity that is
  120  subject to s. 768.28, Florida Statutes, or any other law.
  121         Section 8. This award is intended to provide the sole
  122  compensation for any and all present and future claims arising
  123  out of the factual situation in connection with William Dillon’s
  124  conviction and imprisonment. A further award for attorney’s
  125  fees, lobbying fees, costs, or other similar expenses may not be
  126  made by the state.
  127         Section 9. If a court of law finds that William Dillon, by
  128  DNA evidence or otherwise, is not innocent of the crime he is
  129  alleged to have committed, the unused benefits to which he is
  130  entitled under this act are void.
  131         Section 10. This act shall take effect upon becoming a law.