Florida Senate - 2012 (NP) SB 2
By Senator Haridopolos
26-00004-12 20122__
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.