HB 141

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
77	are 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
132	law.

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