Florida Senate - 2012 (NP) CS for SB 2
By the Committee on Rules; and Senator Haridopolos
595-00975-12 20122c1
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, the Circuit Court in the Eighteenth Judicial
20 Circuit granted the state’s motion to discharge William Dillon
21 from custody based on DNA evidence that excluded William Dillon
22 as the perpetrator of the crime, and
23 WHEREAS, William Dillon was released on November 18, 2008,
24 and
25 WHEREAS, the Legislature acknowledges that the state’s
26 system of justice yielded an imperfect result that had tragic
27 consequences in this case, and
28 WHEREAS, William Dillon was subjected to severe physical
29 and sexual abuse during his wrongful incarceration, and
30 WHEREAS, William Dillon incurred severe and permanent
31 dental damage as a result of a lack of dental care while
32 incarcerated, and
33 WHEREAS, the Legislature acknowledges that, as a result of
34 his conviction and physical confinement, William Dillon suffered
35 significant damages that are unique to William Dillon and all of
36 those damages are due to the fact that he was physically
37 restrained and prevented from exercising the freedom to which
38 all innocent citizens are entitled, and
39 WHEREAS, William Dillon, before his wrongful conviction for
40 the above-mentioned crime, pled guilty to a nonviolent felony
41 when he was 19 years old, and
42 WHEREAS, because of his prior felony conviction, William
43 Dillon is ineligible for compensation for each year of wrongful
44 incarceration under chapter 961, Florida Statutes, and
45 WHEREAS, the Legislature is providing compensation to
46 William Dillon to acknowledge the fact that he suffered
47 significant damages that are unique to William Dillon and are
48 the result of his physical restraint and deprivation of freedom,
49 and
50 WHEREAS, the Legislature is providing compensation to
51 William Dillon based on a moral desire to acknowledge his
52 undisputed and actual innocence, not in recognition of a
53 constitutional right or violation, and
54 WHEREAS, the compensation provided by this act is the sole
55 compensation from the state for any and all present and future
56 claims arising out of the factual situation in connection with
57 William Dillon’s wrongful conviction and incarceration, and
58 WHEREAS, the Legislature apologizes to William Dillon on
59 behalf of the state, NOW, THEREFORE,
60
61 Be It Enacted by the Legislature of the State of Florida:
62
63 Section 1. The facts stated in the preamble to this act are
64 found and declared to be true.
65 Section 2. The sum of $1,350,000 is appropriated from the
66 General Revenue Fund to the Department of Financial Services
67 under the conditions provided in this act.
68 Section 3. The Chief Financial Officer is directed to draw
69 a warrant in the total sum specified in section 2 for the
70 purposes provided in this act.
71 Section 4. The Department of Financial Services shall pay
72 the funds appropriated under this act to an insurance company or
73 other financial institution admitted and authorized to issue
74 annuity contracts in this state and selected by William Dillon
75 to purchase an annuity. The Department of Financial Services
76 shall execute all necessary agreements to implement this act.
77 Section 5. Tuition and fees for William Dillon shall be
78 waived for up to a total of 120 hours of instruction at any
79 career center established pursuant to s. 1001.44, Florida
80 Statutes, community college established under part III of
81 chapter 1004, Florida Statutes, or state university. For any
82 educational benefit made, William Dillon must meet and maintain
83 the regular admission requirements of, and be registered at,
84 such career center, community college, or state university and
85 make satisfactory academic progress as defined by the
86 educational institution in which he is enrolled.
87 Section 6. The Chief Financial Officer shall purchase the
88 annuity required by this act upon delivery by William Dillon to
89 the Chief Financial Officer, the Department of Financial
90 Services, the President of the Senate, and the Speaker of the
91 House of Representatives of an executed release and waiver on
92 behalf of William Dillon and his heirs, successors, and assigns
93 forever releasing the State of Florida and any agency,
94 instrumentality, officer, employee, or political subdivision
95 thereof or any other entity subject to the provisions of s.
96 768.28, Florida Statutes, from any and all present or future
97 claims or declaratory relief that the claimant or any of his
98 heirs, successors, or assigns may have against such enumerated
99 entities and arising out of the factual situation in connection
100 with the conviction for which compensation is awarded. However,
101 this act does not prohibit declaratory action to obtain judicial
102 expungement of William Dillon’s records within a judicial or
103 executive branch agency as otherwise provided by law.
104 Section 7. The Legislature by this act does not waive any
105 defense of sovereign immunity or increase the limits of
106 liability on behalf of the state or any person or entity that is
107 subject to s. 768.28, Florida Statutes, or any other law.
108 Section 8. This award is intended to provide the sole
109 compensation for any and all present and future claims arising
110 out of the factual situation in connection with William Dillon’s
111 conviction and imprisonment. A further award for attorney’s
112 fees, lobbying fees, costs, or other similar expenses may not be
113 made by the state.
114 Section 9. If a court of law finds that William Dillon, by
115 DNA evidence or otherwise, is not innocent of the crime he is
116 alleged to have committed, the unused benefits to which he is
117 entitled under this act are void.
118 Section 10. This act shall take effect upon becoming a law.