HB 6005 2023
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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 Mr. DuBoise 3
for being wrongfully incarcerated for almost 37 years; 4
directing the Chief Financial Officer to draw a 5
warrant payable directly to Mr. DuBoise; providing for 6
the waiver of certain tuition and fees for Mr. 7
DuBoise; requiring the Chief Financial Officer to pay 8
the directed funds without requiring that Mr. DuBois e 9
sign a liability release; declaring that the 10
Legislature does not waive certain defenses or 11
increase the state's limits of liability with respect 12
to the act; prohibiting funds awarded under the act to 13
Mr. DuBoise from being used or paid for specified 14
attorney or lobbying fees; prohibiting Mr. DuBoise 15
from submitting a compensation application under 16
certain provisions upon his receipt of payment under 17
this act; requiring specific reimbursement to the 18
state should a civil award be issued subsequent to Mr. 19
DuBoise's receipt of payment under the act; requiring 20
Mr. DuBoise to notify the Department of Legal Affairs 21
upon filing certain civil actions; requiring the 22
department to file a specified notice under certain 23
circumstances; providing that certain benefits a re 24
vacated upon specified findings; providing an 25
HB 6005 2023
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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
effective date. 26
27
WHEREAS, Robert Earl DuBoise was arrested on October 22, 28
1983, for the August 18, 1983, rape and murder of a Tampa Bay 29
woman and was convicted of capital murder and attempted sexual 30
battery on March 7, 1985, and 31
WHEREAS, Mr. DuBoise spent 3 years on death row, and 32
WHEREAS, on March 10, 1988, the Florida Supreme Court 33
issued a mandate vacating Mr. DuBoise's death sentence, and on 34
April 4, 1988, he was resentenced to life imprisonment fo r 35
murder and a consecutive 15 -year sentence for attempted sexual 36
battery, and 37
WHEREAS, Mr. DuBoise has maintained his innocence since his 38
arrest and for the entirety of his incarceration for the past 37 39
years, and 40
WHEREAS, on September 11, 2020, the Conv iction Review Unit 41
(CRU) for the State Attorney's Office for the 13th Judicial 42
Circuit issued a 49-page "CRU Summary Fact -Finding Report" based 43
on a comprehensive investigation spanning nearly 1 year, 44
culminating in the conclusion that "Robert DuBoise's co nviction 45
should be vacated and Robert DuBoise be exonerated of the 46
charges against him," and 47
WHEREAS, on September 14, 2020, the Circuit Court for the 48
13th Judicial Circuit granted, with the concurrence of the 49
state, a motion for postconviction relief, va cated the judgment 50
HB 6005 2023
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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
and sentence of Mr. DuBoise, and ordered a new trial, and 51
WHEREAS, the CRU report found that there was no credible 52
evidence of Mr. DuBoise's guilt and, likewise, that there was 53
clear and convincing evidence of his innocence, and 54
WHEREAS, on September 14, 2020, as the result of the CRU 55
report, the state orally pronounced a nolle prosequi with regard 56
to the retrial of Mr. DuBoise, and 57
WHEREAS, the Legislature acknowledges that the state's 58
system of justice yielded an imperfect result tha t had tragic 59
consequences in this case, and 60
WHEREAS, the Legislature acknowledges that, as a result of 61
his physical confinement, Mr. DuBoise suffered significant 62
damages that are unique to him, and that the damages are due to 63
the fact that he was physical ly restrained and prevented from 64
exercising the freedom to which all innocent citizens are 65
entitled, and 66
WHEREAS, before his conviction for the aforementioned 67
crimes, Mr. DuBoise had prior convictions for unrelated 68
nonviolent felonies, and 69
WHEREAS, because of his prior nonviolent felony 70
convictions, Mr. DuBoise is ineligible for compensation under 71
chapter 961, Florida Statutes, and 72
WHEREAS, the Legislature apologizes to Mr. DuBoise on 73
behalf of the state, NOW, THEREFORE, 74
75
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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
Be It Enacted by the Legislatu re of the State of Florida: 76
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Section 1. The facts stated in the preamble to this act 78
are found and declared to be true. 79
Section 2. The sum of $1.85 million is appropriated from 80
the General Revenue Fund to the Department of Financial Services 81
for the relief of Robert Earl DuBoise for his wrongful 82
incarceration. The Chief Financial Officer is directed to draw a 83
warrant in the sum of $1.85 million payable directly to Robert 84
Earl DuBoise. 85
Section 3. Tuition and fees for Mr. DuBoise shall be 86
waived for up to a total of 120 hours of instruction at any 87
career center established pursuant to s. 1001.44, Florida 88
Statutes, Florida College System institution established under 89
part III of chapter 1004, Florida Statutes, or state university. 90
For any educational benefit he receives, Mr. DuBoise must meet 91
and maintain the regular admission and registration requirements 92
of the career center, institution, or state university and make 93
satisfactory academic progress as defined by the educational 94
institution in which he is enrolled. 95
Section 4. The Chief Financial Officer shall pay the funds 96
directed by this act without requiring that the wrongfully 97
incarcerated person, Mr. DuBoise, sign a liability release. 98
Section 5. With respect to the relief for Mr. Du Boise as 99
described in this act, the Legislature does not waive any 100
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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
defense of sovereign immunity or increase the limits of 101
liability on behalf of the state or any person or entity that is 102
subject to s. 768.28, Florida Statutes, or any other law. Funds 103
awarded under this act to Mr. DuBoise may not be used or be paid 104
for attorney fees or lobbying fees related to this claim. 105
Section 6. Upon his receipt of payment under this act, Mr. 106
DuBoise may not submit an application for compensation under 107
chapter 961, Florida Statutes. 108
Section 7. Claimant Mr. DuBoise must notify the Department 109
of Legal Affairs upon filing any civil action related to his 110
wrongful incarceration. If, after the time that monetary 111
compensation is paid under this act, a court enters a mon etary 112
judgment in favor of Mr. DuBoise in a civil action related to 113
his wrongful incarceration, or Mr. DuBoise enters into a 114
settlement agreement with the state or any political subdivision 115
thereof related to his wrongful incarceration, Mr. DuBoise must 116
reimburse the state for the monetary compensation awarded under 117
this act, less any sums paid for attorney fees or costs incurred 118
in litigating the civil action or obtaining the settlement 119
agreement. A reimbursement required under this section may not 120
exceed the amount of monetary award Mr. DuBoise received for 121
damages in the civil action or settlement agreement. The court 122
must include in the order of judgment an award to the state of 123
any amount required to be deducted under this section. 124
Section 8. The department must file a notice of payment of 125
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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
monetary compensation in the civil action, and the notice shall 126
constitute a lien upon any judgment or settlement recovered 127
under the civil action which is equal to the sum of monetary 128
compensation paid to the cla imant under this act, less any 129
attorney fees and litigation costs. 130
Section 9. If any future judicial determination finds that 131
Mr. DuBoise, by DNA evidence or otherwise, participated in any 132
manner in the death or sexual battery for which he was 133
incarcerated, the unused benefits to which he is entitled under 134
this act are vacated. 135
Section 10. This act shall take effect upon becoming a 136
law. 137