HB 23

1
A bill to be entitled
2An act for the relief of William Dillon, who was
3wrongfully incarcerated for 27 years and exonerated by a
4court after DNA testing; providing an appropriation to
5compensate Mr. Dillon for his wrongful incarceration;
6directing the Chief Financial Officer to draw a warrant
7for the purchase of an annuity; providing for a waiver of
8certain tuition and fees; providing conditions for
9payment; providing that the act does not waive certain
10defenses or increase the state's liability; providing a
11limitation on the payment of fees and costs; providing
12that certain benefits are void upon a finding that Mr.
13Dillon is not innocent of the alleged crime; providing an
14effective date.
15
16     WHEREAS, William Dillon was wrongfully convicted of first-
17degree murder and imprisoned for 27 years, and
18     WHEREAS, even though the current State Attorney, an
19assistant public defender at the time of Mr. Dillon's
20conviction, publicly stated that dog scent evidence should be
21banned because it had not "reached the level of reasonable
22scientific credibility," the State of Florida allowed a
23discredited dog handler to provide false and implausible
24testimony improperly connecting William Dillon to the murder,
25and
26     WHEREAS, the same dog handler provided false testimony
27against Juan Ramos and Wilton Dedge, and
28     WHEREAS, in exchange for dismissal of a charge of sexual
29battery on a child, a jailhouse informant manufactured false
30testimony against William Dillon which improperly connected him
31to the murder, and
32     WHEREAS, a key witness, after having sexual relations with
33the lead investigating detective, was threatened with excessive
34incarceration unless she falsely implicated William Dillon in
35the murder, and
36     WHEREAS, the Circuit Court in the Eighteenth Judicial
37Circuit granted the state's motion to discharge William Dillon
38from custody based on DNA evidence that excluded William Dillon
39as the perpetrator of the crime, and
40     WHEREAS, William Dillon was released on November 18, 2008,
41and
42     WHEREAS, the Legislature acknowledges that the state's
43system of justice yielded an imperfect result that had tragic
44consequences in this case, and
45     WHEREAS, William Dillon was subjected to severe physical
46and sexual abuse during his wrongful incarceration, and
47     WHEREAS, William Dillon incurred severe and permanent
48dental damage as a result of a lack of dental care while
49incarcerated, and
50     WHEREAS, the Legislature acknowledges that, as a result of
51his conviction and physical confinement, William Dillon suffered
52significant damages that are unique to William Dillon and all of
53those damages are due to the fact that he was physically
54restrained and prevented from exercising the freedom to which
55all innocent citizens are entitled, and
56     WHEREAS, William Dillon, before his wrongful conviction for
57the above-mentioned crime, pleaded guilty to a nonviolent felony
58when he was 19 years old, and
59     WHEREAS, because of his prior felony conviction, William
60Dillon is ineligible for compensation for each year of wrongful
61incarceration under chapter 961, Florida Statutes, and
62     WHEREAS, the Legislature is providing compensation to
63William Dillon to acknowledge the fact that he suffered
64significant damages that are unique to William Dillon and are
65the result of his physical restraint and deprivation of freedom,
66and
67     WHEREAS, the Legislature is providing compensation to
68William Dillon based on a moral desire to acknowledge his
69undisputed and actual innocence, not in recognition of a
70constitutional right or violation, and
71     WHEREAS, the compensation provided by this act is the sole
72compensation from the state for any and all present and future
73claims arising out of the factual situation in connection with
74William Dillon's wrongful conviction and incarceration, and
75     WHEREAS, the Legislature apologizes to William Dillon on
76behalf of the state, NOW, THEREFORE,
77
78Be It Enacted by the Legislature of the State of Florida:
79
80     Section 1.  The facts stated in the preamble to this act
81are found and declared to be true.
82     Section 2.  The sum of $810,000 is appropriated from the
83General Revenue Fund to the Department of Financial Services
84under the conditions provided in this act.
85     Section 3.  The Chief Financial Officer is directed to draw
86a warrant in the total sum specified in section 2 for the
87purposes provided in this act.
88     Section 4.  The Department of Financial Services shall pay
89the funds appropriated under this act to an insurance company or
90other financial institution admitted and authorized to issue
91annuity contracts in this state and selected by William Dillon
92to purchase an annuity. The Department of Financial Services
93shall execute all necessary agreements to implement this act.
94     Section 5.  Tuition and fees for William Dillon shall be
95waived for up to a total of 120 hours of instruction at any
96career center established pursuant to s. 1001.44, Florida
97Statutes, community college established under part III of
98chapter 1004, Florida Statutes, or state university. For any
99educational benefit made, William Dillon must meet and maintain
100the regular admission requirements of, and be registered at,
101such career center, community college, or state university and
102make satisfactory academic progress as defined by the
103educational institution in which he is enrolled.
104     Section 6.  The Chief Financial Officer shall purchase the
105annuity required by this act upon delivery by William Dillon to
106the Chief Financial Officer, the Department of Financial
107Services, the President of the Senate, and the Speaker of the
108House of Representatives of an executed release and waiver on
109behalf of William Dillon and his heirs, successors, and assigns
110forever releasing the State of Florida and any agency,
111instrumentality, officer, employee, or political subdivision
112thereof or any other entity subject to the provisions of s.
113768.28, Florida Statutes, from any and all present or future
114claims or declaratory relief that the claimant or any of his
115heirs, successors, or assigns may have against such enumerated
116entities and arising out of the factual situation in connection
117with the conviction for which compensation is awarded. However,
118this act does not prohibit declaratory action to obtain judicial
119expungement of William Dillon's records within a judicial or
120executive branch agency as otherwise provided by law.
121     Section 7.  The Legislature by this act does not waive any
122defense of sovereign immunity or increase the limits of
123liability on behalf of the state or any person or entity that is
124subject to s. 768.28, Florida Statutes, or any other law.
125     Section 8.  This award is intended to provide the sole
126compensation for any and all present and future claims arising
127out of the factual situation in connection with William Dillon's
128conviction and imprisonment. A further award for attorney's
129fees, lobbying fees, costs, or other similar expenses may not be
130made by the state.
131     Section 9.  If a court of law finds that William Dillon, by
132DNA evidence or otherwise, is not innocent of the crime he is
133alleged to have committed, the unused benefits to which he is
134entitled under this act are void.
135     Section 10.  This act shall take effect upon becoming a
136law.


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