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