CS for SB 2 First Engrossed 20122e1 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, William Dillon may not seek any future 59 compensation against the state or any agency, instrumentality, 60 or political subdivision thereof, or any other entity subject to 61 the provisions of s. 768.28, Florida Statutes, in state or 62 federal court requesting compensation arising out of the facts 63 in connection with his arrest, conviction, and incarceration, 64 and 65 WHEREAS, the Legislature apologizes to William Dillon on 66 behalf of the state, NOW, THEREFORE, 67 68 Be It Enacted by the Legislature of the State of Florida: 69 70 Section 1. The facts stated in the preamble to this act are 71 found and declared to be true. 72 Section 2. The sum of $1,350,000 is appropriated from the 73 General Revenue Fund to the Department of Financial Services 74 under the conditions provided in this act. 75 Section 3. The Chief Financial Officer is directed to draw 76 a warrant in the total sum specified in section 2 for the 77 purposes provided in this act. 78 Section 4. The Department of Financial Services shall pay 79 the funds appropriated under this act to an insurance company or 80 other financial institution admitted and authorized to issue 81 annuity contracts in this state and selected by William Dillon 82 to purchase an annuity. The Department of Financial Services 83 shall execute all necessary agreements to implement this act. 84 Section 5. Tuition and fees for William Dillon shall be 85 waived for up to a total of 120 hours of instruction at any 86 career center established pursuant to s. 1001.44, Florida 87 Statutes, community college established under part III of 88 chapter 1004, Florida Statutes, or state university. For any 89 educational benefit made, William Dillon must meet and maintain 90 the regular admission requirements of, and be registered at, 91 such career center, community college, or state university and 92 make satisfactory academic progress as defined by the 93 educational institution in which he is enrolled. 94 Section 6. The Chief Financial Officer shall purchase the 95 annuity required by this act upon delivery by William Dillon to 96 the Chief Financial Officer, the Department of Financial 97 Services, the President of the Senate, and the Speaker of the 98 House of Representatives of an executed release and waiver on 99 behalf of William Dillon and his heirs, successors, and assigns 100 forever releasing the State of Florida and any agency, 101 instrumentality, officer, employee, or political subdivision 102 thereof or any other entity subject to the provisions of s. 103 768.28, Florida Statutes, from any and all present or future 104 claims or declaratory relief that the claimant or any of his 105 heirs, successors, or assigns may have against such enumerated 106 entities and arising out of the factual situation in connection 107 with the conviction for which compensation is awarded. However, 108 this act does not prohibit declaratory action to obtain judicial 109 expungement of William Dillon’s records within a judicial or 110 executive branch agency as otherwise provided by law. 111 Section 7. The Legislature by this act does not waive any 112 defense of sovereign immunity or increase the limits of 113 liability on behalf of the state or any person or entity that is 114 subject to s. 768.28, Florida Statutes, or any other law. 115 Section 8. This award is intended to provide the sole 116 compensation for any and all present and future claims arising 117 out of the factual situation in connection with William Dillon’s 118 conviction and imprisonment. A further award for attorney’s 119 fees, lobbying fees, costs, or other similar expenses may not be 120 made by the state. 121 Section 9. If a court of law finds that William Dillon, by 122 DNA evidence or otherwise, is not innocent of the crime he is 123 alleged to have committed, the unused benefits to which he is 124 entitled under this act are void. 125 Section 10. This act shall take effect upon becoming a law.