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.