HB 0047B

CS

CHAMBER ACTION

1	The Fiscal Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act providing an appropriation to compensate Wilton
8	Dedge; providing authority to draw warrant; providing a
9	limitation on the authority to draw the warrant; requiring
10	the execution of a specified assignment; providing for
11	waiver of specified tuition and fees; providing conditions
12	for payment; providing legislative intent; providing an
13	effective date.
14
15	WHEREAS, Wilton Dedge was convicted of rape and imprisoned
16	for 22 years, and
17	WHEREAS, the initial conviction was appealed and reversed,
18	and
19	WHEREAS, on retrial Wilton Dedge was again convicted, which
20	conviction was affirmed on appeal, and
21	WHEREAS, the Circuit Court in the Eighteenth Judicial
22	Circuit granted the state's motion to dismiss pending charges
23	and discharge Wilton Dedge from custody based on DNA evidence
24	that excluded Wilton Dedge as the perpetrator of the crime, and
25	WHEREAS, Wilton Dedge was in fact released on August 12,
26	2004, and
27	WHEREAS, Wilton Dedge and his parents filed suit in the
28	Second Judicial Circuit requesting, among other things, a
29	declaratory judgment that Mr. Dedge's liberty was taken by the
30	government without compensation and requesting damages for the
31	taking of Mr. Dedge's liberty, and
32	WHEREAS, the suit was dismissed by order of the Second
33	Judicial Circuit court, which found that claims for damages from
34	the state are banned by the doctrine of sovereign immunity and
35	that only the Legislature can address the issue of compensation
36	under existing law, and
37	WHEREAS, Wilton Dedge has appealed the order to the First
38	District Court of Appeal, Case No. 1D05-4288, and
39	WHEREAS, the Legislature recognizes that no system of
40	justice is impervious to human error. "Given the myriad
41	safeguards provided to assure a fair trial, and taking into
42	account the reality of the human fallibility of the
43	participants, there can be no such thing as an error-free,
44	perfect trial, and ... the Constitution does not guarantee such
45	a trial." United States v. Hasting, 461 U.S. 499(1983), and
46	WHEREAS, the Legislature acknowledges that the state's
47	system of justice yielded an imperfect result with tragic
48	consequences in this case, and
49	WHEREAS, the Legislature acknowledges that Wilton Dedge
50	incurred significant damages unique to Wilton Dedge as a result
51	of his conviction and physical confinement and that all the
52	damages flowed from the fact that he was physically restrained
53	and prevented from exercising the freedom to which all innocent
54	citizens are entitled, and
55	WHEREAS, the Legislature acknowledges that Wilton Dedge
56	performed valuable services for the state while imprisoned,
57	including serving as a licensed wastewater plant operator, and
58	WHEREAS, the Legislature acknowledges that Wilton Dedge's
59	parents incurred significant expenses related to his defense and
60	related to the prolonged efforts to establish his innocence and
61	secure his release from prison, and
62	WHEREAS, the Legislature is providing compensation to
63	Wilton Dedge to acknowledge the fact that he suffered
64	significant damages unique to Wilton Dedge which resulted from
65	his physical restraint and the deprivation of freedom, and
66	WHEREAS, the Legislature is providing compensation to
67	Wilton Dedge based on a moral desire to acknowledge his
68	undisputed and actual innocence and not on a recognition of a
69	constitutional right or violation, and
70	WHEREAS, the Legislature intends that compensation made
71	pursuant to this act shall be the sole compensation to be
72	provided by the state for any and all present and future claims
73	arising out of the factual situation in connection with Wilton
74	Dedge's conviction and imprisonment, and
75	WHEREAS, the Legislature apologizes to Wilton Dedge on
76	behalf of the state, NOW, THEREFORE,
77
78	Be It Enacted by the Legislature of the State of Florida:
79
80	Section 1.  The facts stated in the preamble to this act
81	are found and declared to be true.
82	Section 2.  There is appropriated from the General Revenue
83	Fund the sum of $2,000,000 to the Department of Financial
84	Services under the conditions provided in this act.
85	Section 3.  The Chief Financial Officer is directed to draw
86	a warrant to the Department of Financial Services in the sum of
87	$2,000,000 for the purposes provided in this act. After March 6,
88	2006, the Chief Financial Officer is no longer authorized to
89	draw a warrant under this section.
90	Section 4.  On behalf of the State of Florida, the
91	Department of Financial Services is authorized to execute a
92	qualified assignment within the meaning of s. 130(c) of the
93	Internal Revenue Code, with an assignee acceptable to Wilton
94	Dedge. The Department of Financial Services is authorized to
95	execute all necessary agreements to implement this act.
96	Section 5.  Tuition and fees shall be waived for up to a
97	total of 120 hours of instruction at any career center
98	established pursuant to s. 1001.44, Florida Statutes, at any
99	community college established under part III of chapter 1004,
100	Florida Statutes, or any state university. For any educational
101	benefit made, Wilton Dedge is required to meet and maintain the
102	regular admission requirements of, and be registered at, such
103	career center, community college, or state university and make
104	satisfactory academic progress as defined by the educational
105	institution in which the claimant is enrolled.
106	Section 6.  The Chief Financial Officer shall execute the
107	qualified assignment agreement as required by this act upon
108	delivery by Wilton Dedge to the Chief Financial Officer, the
109	Department of Financial Services, the President of the Senate,
110	and the Speaker of the House of Representatives of all of the
111	following:
112	(1)  An executed release and waiver on behalf of Wilton
113	Dedge and his parents, heirs, successors, and assigns forever
114	releasing the State of Florida and any agency, instrumentality,
115	officer, employee, or political subdivision thereof or any other
116	entity subject to the provisions of s. 768.28, Florida Statutes,
117	from any and all present or future claims or declaratory relief
118	the claimant or any of his parents, heirs, successors, or
119	assigns may have against such enumerated entities and arising
120	out of the factual situation in connection with the conviction
121	for which compensation is awarded. However, declaratory action
122	to obtain judicial expungement of Wilton Dedge's judicial and
123	executive branch records as otherwise provided by law is not
124	prohibited by this act.
125	(2)  An order from the court having jurisdiction of the
126	legal claim filed by Wilton Dedge and his parents dismissing the
127	claim with prejudice.
128	Section 7.  The Legislature shall not be deemed by this act
129	to have waived any defense of sovereign immunity or to have
130	increased the limits of liability on behalf of the state or any
131	person or entity subject to the provisions of s. 768.28, Florida
132	Statutes, or any other law.
133	Section 8.  This award is intended to provide the sole
134	compensation for any and all present and future claims arising
135	out of the factual situation in connection with Wilton Dedge's
136	conviction and imprisonment. No further award for attorney's
137	fees, lobbying fees, costs, or other similar expenses will be
138	made by the state.
139	Section 9.  This act shall take effect upon becoming a law.

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