Florida 2022 Regular Session

Florida House Bill H6501 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 6501 2022
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12	12	A bill to be entitled 1
13	13	An act for the relief of Robert Earl DuBoise; 2
14	14	providing an appropriation to compensate Robert Earl 3
15	15	DuBoise for being wrongfully incarcerated for 37 4
16	16	years; directing the Chief Financial Officer to 5
17	17	execute necessary agreements; providing for the waiver 6
18	18	of certain tuition and fees for Mr. DuBoise, subject 7
19	19	to specified requirements; providing that the act does 8
20	20	not waive certain defenses or increase the state's 9
21	21	limits of liability; providing a limitation on the 10
22	22	payment of compensation; prohibiting any further award 11
23	23	from including certain fees and costs; providing that 12
24	24	certain benefits are vacated upon specified findings; 13
25	25	providing an effective date. 14
26	26	15
27	27	WHEREAS, Robert Earl DuBoise was arrested on October 22, 16
28	28	1983 for the August 18, 1983, rape and murder of a Tampa Bay 17
29	29	woman and was convicted of capital murder and attempted sexual 18
30	30	battery on March 7, 1985, and 19
31	31	WHEREAS, Robert Earl DuBoise spent 3 years on death row, 20
32	32	and 21
33	33	WHEREAS, on March 10, 1988, the Florida Supreme Court 22
34	34	issued a mandate vacating Robert Earl DuBoise's death sentence, 23
35	35	and on April 4, 1988, he was resentenced to a life sentence for 24 
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37	37	HB 6501 2022
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44	44	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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46	46	murder and a consecutive 15 -year sentence for attempted sexual 25
47	47	battery, and 26
48	48	WHEREAS, Robert Earl DuBoise has maintained his innocence 27
49	49	since his arrest and for the entirety of his incarceration for 28
50	50	the past 37 years, and 29
51	51	WHEREAS, on September 11, 2020, the Conviction Review Unit 30
52	52	(CRU) for the State Attorney's Office f or the Thirteenth 31
53	53	Judicial Circuit issued a 49 -page "CRU Summary Fact -Finding 32
54	54	Report" based on a comprehensive investigation spanning nearly 33
55	55	one year, culminating in the conclusion that "Robert DuBoise's 34
56	56	conviction should be vacated and Robert DuBoise be e xonerated of 35
57	57	the charges against him," and 36
58	58	WHEREAS, on September 14, 2020, the Circuit Court for the 37
59	59	Thirteenth Judicial Circuit, granted, with the concurrence of 38
60	60	the state, a motion for post -conviction relief, vacated the 39
61	61	judgment and sentence of Robert Earl DuBoise, and ordered a new 40
62	62	trial, and 41
63	63	WHEREAS, the CRU report found that there was no credible 42
64	64	evidence of Robert Earl DuBoise's guilt, and likewise, that 43
65	65	there was clear and convincing evidence of Mr. DuBoise's 44
66	66	innocence, and 45
67	67	WHEREAS on September 1 4, 2020, as a result of the CRU 46
68	68	report, the state orally pronounced a nolle prosequi with regard 47
69	69	to the retrial of Robert Earl DuBoise, and 48 
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71	71	HB 6501 2022
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75	75	CODING: Words stricken are deletions; words underlined are additions.
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78	78	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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80	80	WHEREAS, the Legislature acknowledges that the state's 49
81	81	system of justice yielded an imperfect result that had tragi c 50
82	82	consequences in this case, and 51
83	83	WHEREAS, the Legislature acknowledges that, as a result of 52
84	84	his physical confinement, Robert Earl DuBoise suffered 53
85	85	significant damages that are unique to Mr. DuBoise, and such 54
86	86	damages are due to the fact that he was physica lly restrained 55
87	87	and prevented from exercising the freedom to which all innocent 56
88	88	citizens are entitled, and 57
89	89	WHEREAS, before his conviction for the above -mentioned 58
90	90	crimes, Robert Earl DuBoise had prior convictions for unrelated 59
91	91	felonies, and 60
92	92	WHEREAS, the Legislature is providing compensation to 61
93	93	Robert Earl DuBoise to acknowledge the fact that he suffered 62
94	94	significant damages that are unique to Robert Earl DuBoise for 63
95	95	being wrongfully incarcerated, and 64
96	96	WHEREAS, the comprehensive investigation by the Convictio n 65
97	97	Review Unit found verifiable and substantial evidence of Robert 66
98	98	Earl DuBoise's actual innocence of capital murder and attempted 67
99	99	sexual battery, and 68
100	100	WHEREAS, the Legislature apologizes to Robert Earl DuBoise 69
101	101	on behalf of the state, NOW, THEREFORE, 70
102	102	71
103	103	Be It Enacted by the Legislature of the State of Florida: 72
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113	113	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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115	115	Section 1. The facts stated in the preamble to this act 74
116	116	are found and declared to be true. 75
117	117	Section 2. The sum of $1,850,000.00 is appropriated from 76
118	118	the General Revenue Fund to the Department o f Financial Services 77
119	119	for the relief of Robert Earl DuBoise for his wrongful 78
120	120	incarceration. 79
121	121	Section 3. The Chief Financial Officer is directed to draw 80
122	122	a warrant in the sum of $1,850,000.00 payable directly to Robert 81
123	123	Earl DuBoise. 82
124	124	Section 4. Tuition and fees for Robert Earl DuBoise shall 83
125	125	be waived for up to a total of 120 hours of instruction at any 84
126	126	career center established pursuant to s. 1001.44, Florida 85
127	127	Statutes, Florida College System institution established under 86
128	128	part III of chapter 1004, Florida Statutes, or state university. 87
129	129	For any educational benefit made, Mr. DuBoise must meet and 88
130	130	maintain the regular admission and registration requirements of 89
131	131	such career center, institution, or state university and make 90
132	132	satisfactory academic progress as defi ned by the educational 91
133	133	institution in which he is enrolled. 92
134	134	Section 5. The Legislature does not waive any defense of 93
135	135	sovereign immunity or increase the limits of liability on behalf 94
136	136	of the state or any person or entity that is subject to s. 95
137	137	768.28, Florida Statutes, or any other law. 96
138	138	Section 6. This award is intended to provide the sole 97
139	139	compensation for all present and future claims arising out of 98 
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148	148	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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150	150	the factual situation described in this act which resulted in 99
151	151	Robert Earl DuBoise's arrest, conviction, and incarceration. 100
152	152	There may not be any further award to include attorney fees, 101
153	153	lobbying fees, costs, or other similar expenses to Mr. DuBoise 102
154	154	by the state or any agency, instrumentality, or political 103
155	155	subdivision thereof, or any other entity, including an y county 104
156	156	constitutional officer, officer, or employee, in state or 105
157	157	federal court. 106
158	158	Section 7. If, after the time that monetary compensation 107
159	159	is paid under this act, a court enters a monetary judgment in 108
160	160	favor of Robert Earl DuBoise in a civil action rela ted to his 109
161	161	wrongful incarceration, or Mr. DuBoise enters into a settlement 110
162	162	agreement with the state or any political subdivision thereof 111
163	163	related to his wrongful incarceration, Mr. DuBoise shall 112
164	164	reimburse the state for the monetary compensation awarded unde r 113
165	165	this act, less any sums paid for attorney fees or costs incurred 114
166	166	in litigating the civil action or obtaining the settlement 115
167	167	agreement. A reimbursement required under this section may not 116
168	168	exceed the amount of monetary award Mr. DuBoise received for 117
169	169	damages in the civil action or settlement agreement. The court 118
170	170	shall include in the order of judgment an award to the state of 119
171	171	any amount required to be deducted under this section. 120
172	172	Section 8. Claimant Robert Earl DuBoise must notify the 121
173	173	Department of Legal Affairs upon filing any civil action under 122
174	174	section 7 of this act. 123 
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183	183	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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185	185	Section 9. The department shall file a notice of payment 124
186	186	of monetary compensation in any civil action under section 7 of 125
187	187	this act. The notice shall constitute a lien upon any judgment 126
188	188	or settlement recovered under the civil action that is equal to 127
189	189	the sum of monetary compensation paid to the claimant under this 128
190	190	act, less any attorney fees and litigation costs. 129
191	191	Section 10. If any future factual finding determines that 130
192	192	Robert Earl DuBoise, by DNA evidence or otherwise, participated 131
193	193	in any manner related to the death or sexual battery of the 132
194	194	victim, the unused benefits to which Robert Earl DuBoise is 133
195	195	entitled under this act are vacated. 134
196	196	Section 11. This act shall take effect upon becoming a 135
197	197	law. 136