HB 1423

1	A bill to be entitled
2	An act for the relief of the descendents of Mrs. Johnnie
3	Mae Chappell, Claimants; directing the Division of
4	Administrative Hearings to appoint an administrative law
5	judge to determine whether a basis for equitable relief
6	exists for the purpose of compensating the descendents of
7	Mrs. Johnnie Mae Chappell for any wrongful act or omission
8	by the State of Florida, or officials thereof; authorizing
9	such compensation upon a determination by the
10	administrative law judge; requiring a report to the
11	Legislature; authorizing an award of attorney's fees;
12	providing an appropriation; providing an effective date.
13
14	WHEREAS, on March 23, 1964, Mrs. Johnnie Mae Chappell, a
15	35-year-old mother of 10 children was shot outside the Banner
16	Market on New Kings Road in Jacksonville, Florida, and
17	WHEREAS, Mrs. Chappell died in route to the hospital, in an
18	ambulance reserved for the Black residents of Jacksonville and
19	Duval County, even though an ambulance for White residents was
20	located closer to the area where Mrs. Chappell was shot, and
21	WHEREAS, this incident occurred during a time when race
22	riots were occurring every day in the downtown area of
23	Jacksonville, stores were being looted and burned, and peaceful
24	marches were disbanded by violent means, and
25	WHEREAS, the State of Florida determined that Willie
26	Chappell, Mrs. Johnnie Mae Chappell's husband, was not capable
27	of taking proper care of his 10 children following the murder of
28	their mother, and ordered that the children be sent to
29	relatives, foster homes, and juvenile shelters, and
30	WHEREAS, the Chappell siblings not only lost their mother
31	forever, they lost contact with each other for decades and had
32	only vague information concerning the murder of their mother,
33	and
34	WHEREAS, in 1996, Shelton Chappell, the youngest child of
35	Mrs. Johnnie Mae Chappell, met former Jacksonville Sheriff's
36	Office Detectives Lee Cody and Donald Coleman who had obtained
37	confessions from three men concerning the murder, but the former
38	detectives informed Shelton Chappell that they thought that the
39	investigation of the Chappell case had been subverted because
40	they had been prevented from further investigating the case, and
41	WHEREAS, the four suspects in the case, J. W. Rich, Elmer
42	Cato, Wayne Chessman, and James Davis, were each indicted by a
43	grand jury on the charge of first-degree murder, with J. W. Rich
44	accused of pulling the trigger and the three other men charged
45	with aiding and encouraging the crime, and
46	WHEREAS, on November 30, 1964, after a 2-day trial, an all-
47	White male jury convicted J. W. Rich of the lesser charge of
48	manslaughter rather than first-degree murder, for which he
49	served 3 years in prison, and state prosecutors dropped charges
50	against the other three defendants, citing insufficient
51	evidence, and
52	WHEREAS, in the fall of 1965, Detectives Lee Cody and
53	Donald Coleman were fired from the Jacksonville Sheriff's Office
54	for insubordination after repeatedly trying to convince outside
55	authorities to investigate corruption within the sheriff's
56	office, including the Chappell murder, and
57	WHEREAS, the State Attorney has refused to reopen the case
58	for prosecution and the Department of Law Enforcement has failed
59	to issue a report concerning the case as requested, NOW,
60	THEREFORE,
61
62	Be It Enacted by the Legislature of the State of Florida:
63
64	Section 1.  The facts stated in the preamble of this act
65	are found and declared to be true.
66	Section 2.  The Division of Administrative Hearings shall
67	appoint an administrative law judge to conduct a hearing and
68	determine whether a basis for equitable relief exists for the
69	purpose of compensating the descendents of Mrs. Johnnie Mae
70	Chappell for any wrongful act or omission of the State of
71	Florida, or officials thereof, which occurred in the
72	investigation of the murder of Mrs. Johnnie Mae Chappell. The
73	Department of Legal Affairs shall provide representation for the
74	State of Florida.
75	Section 3.  (1)  If the administrative law judge determines
76	by a preponderance of the evidence that the State of Florida, or
77	officials thereof, committed a wrongful act or omission and that
78	a basis for equitable relief exists, the administrative law
79	judge may award the descendents of Mrs. Johnnie Mae Chappell the
80	amount of $_______ each. The administrative law judge shall
81	report his or her determination to the President of the Senate
82	and the Speaker of the House of Representatives by July 1, 2007.
83	The Chief Financial Officer is directed to draw a warrant in
84	satisfaction of the relief awarded by the administrative law
85	judge, as provided in this act, and to pay the warrant out of
86	funds appropriated by this act.
87	(2)  If the descendents of Mrs. Johnnie Mae Chappell are
88	determined to be prevailing parties, the administrative law
89	judge may award reasonable attorney's fees in an amount not to
90	exceed 25 percent of the compensation awarded.
91	Section 4.  The sum of $_______ is appropriated from the
92	General Revenue Fund for the purpose of funding any amounts
93	awarded under this act.
94	Section 5.  This act shall take effect upon becoming a law.

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