HB 409

1	A bill to be entitled
2	An act for the relief of Luis Diaz; providing an
3	appropriation to compensate Luis Diaz for injuries and
4	damages sustained as a result of his wrongful
5	imprisonment; directing the Chief Financial Officer to
6	draw a warrant; providing conditions for payment;
7	providing a limitation on the payment of attorney's fees,
8	lobbying fees, costs, and other similar expenses;
9	providing an effective date.
10
11	WHEREAS, in the late 1970s, multiple rapes and assaults
12	were committed in Miami by an individual dubbed the "Bird Road
13	Rapist" by the press, and
14	WHEREAS, the Miami-Dade Police Department arrested Luis
15	Diaz on August 29, 1979, in connection with the Bird Road rapes,
16	and
17	WHEREAS, at the time of his arrest, Luis Diaz had no prior
18	criminal record and was married with three young children, and
19	WHEREAS, Luis Diaz was convicted in the Circuit Court in
20	and for Miami-Dade County, Florida, of seven attacks committed
21	by the Bird Road Rapist and was sentenced to three consecutive
22	life sentences in prison, and
23	WHEREAS, two of Luis Diaz's convictions were vacated in
24	2002 after two victims came forward and recanted their
25	identification of Luis Diaz as their attacker, and
26	WHEREAS, Luis Diaz's remaining convictions were vacated in
27	August 2005 after DNA evidence conclusively proved that he was
28	not the Bird Road Rapist, and
29	WHEREAS, Luis Diaz was held in custody continuously from
30	the date of his arrest on August 29, 1979, until August 3, 2005,
31	and
32	WHEREAS, Luis Diaz has always maintained his innocence, and
33	WHEREAS, as a result of his wrongful conviction, Luis Diaz
34	suffered loss of income, endured indignities, embarrassment, and
35	injury to his reputation, and sustained severe mental anguish,
36	emotional distress, loss of personal freedom, loss of civil
37	rights, including the right to vote and participate in
38	government, loss of the right to pursue educational
39	opportunities, loss of family life, loss of individual liberty,
40	including the right to choose his diet and his daily schedule,
41	loss of freedom of expression, and loss of the freedom to
42	determine how he would spend his recreational time, and
43	WHEREAS, Luis Diaz has filed a lawsuit against Miami-Dade
44	County and the police officers involved in his arrest, seeking
45	compensation for his wrongful imprisonment, and
46	WHEREAS, considering the totality of the circumstances,
47	equity and justice dictate that this miscarriage of justice
48	should be addressed by the Legislature of the State of Florida,
49	NOW, THEREFORE,
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  The facts stated in the preamble to this act
54	are found and declared to be true.
55	Section 2.  There is appropriated from the General Revenue
56	Fund the sum of $5,000,000 to Luis Diaz, under the conditions
57	provided in this act, as compensation for injuries and damages
58	sustained.
59	Section 3.  The Chief Financial Officer is directed to draw
60	a warrant in favor of Luis Diaz in the sum of $5,000,000 out of
61	funds in the State Treasury and pay the same out of such funds
62	in the State Treasury upon delivery by Luis Diaz to the Chief
63	Financial Officer, the Department of Financial Services, the
64	President of the Senate, and the Speaker of the House of
65	Representatives of the following:
66	(1)  An executed release and waiver on behalf of Luis Diaz
67	and his heirs, successors, and assigns forever releasing the
68	State of Florida and any agency, instrumentality, officer,
69	employee, or political subdivision thereof, or any other entity
70	subject to the provisions of s. 768.28, Florida Statutes, from
71	all present or future claims or declaratory relief that the
72	claimant or his heirs, successors, or assigns may have against
73	such enumerated entities and arising out of the factual
74	situation in connection with the convictions for which
75	compensation is awarded. However, declaratory action to obtain
76	judicial expungement of Luis Diaz's criminal record as otherwise
77	provided by law is not prohibited by this act; and
78	(2)  An order from the court having jurisdiction over the
79	lawsuit filed by Luis Diaz dismissing the claim with prejudice.
80	Section 4.  This act does not constitute a waiver of any
81	defense of sovereign immunity or an increase in the limits of
82	liability on behalf of the state or any person or entity subject
83	to the provisions of s. 768.28, Florida Statutes, or any other
84	law.
85	Section 5.  This award is intended to provide the sole
86	compensation for all present and future claims arising out of
87	the factual situation in connection with Luis Diaz's conviction
88	and imprisonment. The total amount paid for attorney's fees,
89	lobbying fees, costs, or other similar expenses may not exceed
90	25 percent of the amount awarded under the act.
91	Section 6.  This act shall take effect upon becoming a law.

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