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.