HB 23

1	A bill to be entitled
2	An act for the relief of William Dillon, who was
3	wrongfully incarcerated for 27 years and exonerated by a
4	court after DNA testing; providing an appropriation to
5	compensate Mr. Dillon for his wrongful incarceration;
6	directing the Chief Financial Officer to draw a warrant
7	for the purchase of an annuity; providing for a waiver of
8	certain tuition and fees; providing conditions for
9	payment; providing that the act does not waive certain
10	defenses or increase the state's liability; providing a
11	limitation on the payment of fees and costs; providing
12	that certain benefits are void upon a finding that Mr.
13	Dillon is not innocent of the alleged crime; providing an
14	effective date.
15
16	WHEREAS, William Dillon was wrongfully convicted of first-
17	degree murder and imprisoned for 27 years, and
18	WHEREAS, even though the current State Attorney, an
19	assistant public defender at the time of Mr. Dillon's
20	conviction, publicly stated that dog scent evidence should be
21	banned because it had not "reached the level of reasonable
22	scientific credibility," the State of Florida allowed a
23	discredited dog handler to provide false and implausible
24	testimony improperly connecting William Dillon to the murder,
25	and
26	WHEREAS, the same dog handler provided false testimony
27	against Juan Ramos and Wilton Dedge, and
28	WHEREAS, in exchange for dismissal of a charge of sexual
29	battery on a child, a jailhouse informant manufactured false
30	testimony against William Dillon which improperly connected him
31	to the murder, and
32	WHEREAS, a key witness, after having sexual relations with
33	the lead investigating detective, was threatened with excessive
34	incarceration unless she falsely implicated William Dillon in
35	the murder, and
36	WHEREAS, the Circuit Court in the Eighteenth Judicial
37	Circuit granted the state's motion to discharge William Dillon
38	from custody based on DNA evidence that excluded William Dillon
39	as the perpetrator of the crime, and
40	WHEREAS, William Dillon was released on November 18, 2008,
41	and
42	WHEREAS, the Legislature acknowledges that the state's
43	system of justice yielded an imperfect result that had tragic
44	consequences in this case, and
45	WHEREAS, William Dillon was subjected to severe physical
46	and sexual abuse during his wrongful incarceration, and
47	WHEREAS, William Dillon incurred severe and permanent
48	dental damage as a result of a lack of dental care while
49	incarcerated, and
50	WHEREAS, the Legislature acknowledges that, as a result of
51	his conviction and physical confinement, William Dillon suffered
52	significant damages that are unique to William Dillon and all of
53	those damages are due to the fact that he was physically
54	restrained and prevented from exercising the freedom to which
55	all innocent citizens are entitled, and
56	WHEREAS, William Dillon, before his wrongful conviction for
57	the above-mentioned crime, pleaded guilty to a nonviolent felony
58	when he was 19 years old, and
59	WHEREAS, because of his prior felony conviction, William
60	Dillon is ineligible for compensation for each year of wrongful
61	incarceration under chapter 961, Florida Statutes, and
62	WHEREAS, the Legislature is providing compensation to
63	William Dillon to acknowledge the fact that he suffered
64	significant damages that are unique to William Dillon and are
65	the result of his physical restraint and deprivation of freedom,
66	and
67	WHEREAS, the Legislature is providing compensation to
68	William Dillon based on a moral desire to acknowledge his
69	undisputed and actual innocence, not in recognition of a
70	constitutional right or violation, and
71	WHEREAS, the compensation provided by this act is the sole
72	compensation from the state for any and all present and future
73	claims arising out of the factual situation in connection with
74	William Dillon's wrongful conviction and incarceration, and
75	WHEREAS, the Legislature apologizes to William Dillon 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.  The sum of $810,000 is appropriated from the
83	General Revenue Fund to the Department of Financial Services
84	under the conditions provided in this act.
85	Section 3.  The Chief Financial Officer is directed to draw
86	a warrant in the total sum specified in section 2 for the
87	purposes provided in this act.
88	Section 4.  The Department of Financial Services shall pay
89	the funds appropriated under this act to an insurance company or
90	other financial institution admitted and authorized to issue
91	annuity contracts in this state and selected by William Dillon
92	to purchase an annuity. The Department of Financial Services
93	shall execute all necessary agreements to implement this act.
94	Section 5.  Tuition and fees for William Dillon shall be
95	waived for up to a total of 120 hours of instruction at any
96	career center established pursuant to s. 1001.44, Florida
97	Statutes, community college established under part III of
98	chapter 1004, Florida Statutes, or state university. For any
99	educational benefit made, William Dillon must meet and maintain
100	the regular admission requirements of, and be registered at,
101	such career center, community college, or state university and
102	make satisfactory academic progress as defined by the
103	educational institution in which he is enrolled.
104	Section 6.  The Chief Financial Officer shall purchase the
105	annuity required by this act upon delivery by William Dillon to
106	the Chief Financial Officer, the Department of Financial
107	Services, the President of the Senate, and the Speaker of the
108	House of Representatives of an executed release and waiver on
109	behalf of William Dillon and his heirs, successors, and assigns
110	forever releasing the State of Florida and any agency,
111	instrumentality, officer, employee, or political subdivision
112	thereof or any other entity subject to the provisions of s.
113	768.28, Florida Statutes, from any and all present or future
114	claims or declaratory relief that the claimant or any of his
115	heirs, successors, or assigns may have against such enumerated
116	entities and arising out of the factual situation in connection
117	with the conviction for which compensation is awarded. However,
118	this act does not prohibit declaratory action to obtain judicial
119	expungement of William Dillon's records within a judicial or
120	executive branch agency as otherwise provided by law.
121	Section 7.  The Legislature by this act does not waive any
122	defense of sovereign immunity or increase the limits of
123	liability on behalf of the state or any person or entity that is
124	subject to s. 768.28, Florida Statutes, or any other law.
125	Section 8.  This award is intended to provide the sole
126	compensation for any and all present and future claims arising
127	out of the factual situation in connection with William Dillon's
128	conviction and imprisonment. A further award for attorney's
129	fees, lobbying fees, costs, or other similar expenses may not be
130	made by the state.
131	Section 9.  If a court of law finds that William Dillon, by
132	DNA evidence or otherwise, is not innocent of the crime he is
133	alleged to have committed, the unused benefits to which he is
134	entitled under this act are void.
135	Section 10.  This act shall take effect upon becoming a
136	law.

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