HB 47B

1	A bill to be entitled
2	An act providing an appropriation to compensate Wilton
3	Dedge; providing authority to draw warrant; providing a
4	limitation on the authority to draw the warrant; requiring
5	a specified distribution of funds; providing a condition
6	for payment; providing legislative intent; providing an
7	effective date.
8
9	WHEREAS, Wilton Dedge was convicted of rape and imprisoned
10	for 22 years, and
11	WHEREAS, the initial conviction was appealed and reversed,
12	and
13	WHEREAS, on retrial Wilton Dedge was again convicted, which
14	conviction was affirmed on appeal, and
15	WHEREAS, the Circuit Court in the Eighteenth Judicial
16	Circuit granted the state's motion to dismiss pending charges
17	and discharge Wilton Dedge from custody based on DNA evidence
18	that excluded Wilton Dedge as the perpetrator of the crime, and
19	WHEREAS, Wilton Dedge was in fact released on August 12,
20	2004, and
21	WHEREAS, Wilton Dedge and his parents filed suit in the
22	Second Judicial Circuit requesting, among other things, a
23	declaratory judgment that Mr. Dedge's liberty was taken by the
24	government without compensation and requesting damages for the
25	taking of Mr. Dedge's liberty and property, and
26	WHEREAS, the suit was dismissed by order of the Second
27	Judicial Circuit court, which found that Mr. Dedge's parents
28	have no standing to recover damages suffered by an adult child,
29	that claims for damages from the state are banned by the
30	doctrine of sovereign immunity, and that only the Legislature
31	can address the issue of compensation under existing law, and
32	WHEREAS, Wilton Dedge has appealed the order to the First
33	District Court of Appeal, Case No. 1D05-4288, which appeal is
34	pending, and
35	WHEREAS, the Legislature recognizes that no system of
36	justice is impervious to human error. "Given the myriad
37	safeguards provided to assure a fair trial, and taking into
38	account the reality of the human fallibility of the
39	participants, there can be no such thing as an error-free,
40	perfect trial, and ... the Constitution does not guarantee such
41	a trial." United States v. Hasting, 461 U.S. 499(1983), and
42	WHEREAS, the Legislature acknowledges that the state's
43	system of justice yielded an imperfect result with tragic
44	consequences in this case, and
45	WHEREAS, the Legislature acknowledges that Wilton Dedge
46	incurred significant losses unique to Wilton Dedge as a result
47	of his conviction and physical confinement and that all the
48	losses flowed from the fact that he was physically restrained
49	and prevented from exercising the freedom to which all innocent
50	citizens are entitled, and
51	WHEREAS, the Legislature acknowledges that Wilton Dedge
52	performed valuable services for the state while imprisoned,
53	including serving as a licensed waste-water plant operator, and
54	WHEREAS, the Legislature acknowledges that Wilton Dedge's
55	parents incurred significant expenses related to his defense and
56	related to the prolonged efforts to establish his innocence and
57	secure his release from prison, and
58	WHEREAS, the Legislature is providing compensation to
59	Wilton Dedge to acknowledge the fact that he suffered
60	significant damages unique to Wilton Dedge which resulted from
61	his physical restraint and the deprivation of freedom, and
62	WHEREAS, the Legislature is providing compensation to
63	Wilton Dedge based on a moral desire to acknowledge his
64	undisputed and actual innocence and not on a recognition of a
65	constitutional right or violation, and
66	WHEREAS, the Legislature intends that compensation made
67	pursuant to this act shall be the sole compensation to be
68	provided by the state for any and all present and future claims
69	arising out of the factual situation in connection with Wilton
70	Dedge's conviction and imprisonment, and
71	WHEREAS, the Legislature apologizes to Wilton Dedge 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
77	are found and declared to be true.
78	Section 2.  There is appropriated from the General Revenue
79	Fund the sum of $2,000,000 to be paid to Wilton Dedge under the
80	conditions provided in this act.
81	Section 3.  The Chief Financial Officer is directed to draw
82	a warrant to the State Board of Administration in the sum of
83	$2,000,000 for the purposes provided in this act, the funds to
84	be distributed in accordance with the letter of agreement
85	between Wilton Dedge, Mr. and Mrs. Walter Gary Dedge, Sr., and
86	the State Board of Administration. The State Board of
87	Administration, the State Division of Retirement, and the State
88	Department of Management Services are required to provide such
89	support and assistance as directed by the terms of the letter of
90	agreement and are authorized and directed to provide for health
91	care insurance, including mental health and dental coverage for
92	Wilton Dedge, the expense of which shall be borne by Wilton
93	Dedge. Access to state education programs shall be provided on a
94	scholarship basis without tuition or fees, provided that Wilton
95	Dedge shall be required to meet and maintain the regular
96	admission requirements of, and be registered at, such state
97	educational program. After March 6, 2005, the Chief Financial
98	Officer is no longer authorized to draw a warrant under this
99	section.
100	Section 4.  The State Board of Administration shall
101	disburse funds under the letter of agreement upon delivery by
102	Wilton Dedge to the Chief Financial Officer, the State Board of
103	Administration, the President of the Senate, and the Speaker of
104	the House of Representatives of all of the following:
105	(1)  An executed release and waiver on behalf of Wilton
106	Dedge and his parents, heirs, successors, and assigns forever
107	releasing the State of Florida and any agency, instrumentality,
108	officer, employee, or political subdivision thereof or any other
109	entity subject to the provisions of s. 768.28, Florida Statutes,
110	from any and all present or future claims the claimant or any of
111	his parents, heirs, successors, or assigns may have against such
112	enumerated entities and arising out of the factual situation in
113	connection with the conviction for which compensation is
114	awarded.
115	(2)  An order from the court having jurisdiction of the
116	legal claim filed by Wilton Dedge and his parents dismissing the
117	claim with prejudice, provided that it is the intent of this
118	legislation to allow Wilton Dedge to obtain full expungement of
119	the judicial and executive branch records of his conviction as
120	otherwise provided by law.
121	Section 5.  The Legislature shall not be deemed by this act
122	to have waived any defense of sovereign immunity or to have
123	increased the limits of liability on behalf of the state or any
124	person or entity subject to the provisions of s. 768.28, Florida
125	Statutes, or any other law.
126	Section 6.  This award is intended to provide sole
127	compensation for any and all present and future claims arising
128	out of the factual situation in connection with Wilton Dedge's
129	conviction and imprisonment. No further award for attorney's
130	fees, lobbying fees, costs, or other similar expenses will be
131	made by the state.
132	Section 7.  This act shall take effect upon becoming a law.

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