Florida 2023 Regular Session

Florida House Bill H6005 Compare Versions

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

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3	3	HB 6005 2023
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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 Mr. DuBoise 3
15	15	for being wrongfully incarcerated for almost 37 years; 4
16	16	directing the Chief Financial Officer to draw a 5
17	17	warrant payable directly to Mr. DuBoise; providing for 6
18	18	the waiver of certain tuition and fees for Mr. 7
19	19	DuBoise; requiring the Chief Financial Officer to pay 8
20	20	the directed funds without requiring that Mr. DuBois e 9
21	21	sign a liability release; declaring that the 10
22	22	Legislature does not waive certain defenses or 11
23	23	increase the state's limits of liability with respect 12
24	24	to the act; prohibiting funds awarded under the act to 13
25	25	Mr. DuBoise from being used or paid for specified 14
26	26	attorney or lobbying fees; prohibiting Mr. DuBoise 15
27	27	from submitting a compensation application under 16
28	28	certain provisions upon his receipt of payment under 17
29	29	this act; requiring specific reimbursement to the 18
30	30	state should a civil award be issued subsequent to Mr. 19
31	31	DuBoise's receipt of payment under the act; requiring 20
32	32	Mr. DuBoise to notify the Department of Legal Affairs 21
33	33	upon filing certain civil actions; requiring the 22
34	34	department to file a specified notice under certain 23
35	35	circumstances; providing that certain benefits a re 24
36	36	vacated upon specified findings; providing an 25 
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45	45	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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47	47	effective date. 26
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49	49	WHEREAS, Robert Earl DuBoise was arrested on October 22, 28
50	50	1983, for the August 18, 1983, rape and murder of a Tampa Bay 29
51	51	woman and was convicted of capital murder and attempted sexual 30
52	52	battery on March 7, 1985, and 31
53	53	WHEREAS, Mr. DuBoise spent 3 years on death row, and 32
54	54	WHEREAS, on March 10, 1988, the Florida Supreme Court 33
55	55	issued a mandate vacating Mr. DuBoise's death sentence, and on 34
56	56	April 4, 1988, he was resentenced to life imprisonment fo r 35
57	57	murder and a consecutive 15 -year sentence for attempted sexual 36
58	58	battery, and 37
59	59	WHEREAS, Mr. DuBoise has maintained his innocence since his 38
60	60	arrest and for the entirety of his incarceration for the past 37 39
61	61	years, and 40
62	62	WHEREAS, on September 11, 2020, the Conv iction Review Unit 41
63	63	(CRU) for the State Attorney's Office for the 13th Judicial 42
64	64	Circuit issued a 49-page "CRU Summary Fact -Finding Report" based 43
65	65	on a comprehensive investigation spanning nearly 1 year, 44
66	66	culminating in the conclusion that "Robert DuBoise's co nviction 45
67	67	should be vacated and Robert DuBoise be exonerated of the 46
68	68	charges against him," and 47
69	69	WHEREAS, on September 14, 2020, the Circuit Court for the 48
70	70	13th Judicial Circuit granted, with the concurrence of the 49
71	71	state, a motion for postconviction relief, va cated the judgment 50 
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80	80	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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82	82	and sentence of Mr. DuBoise, and ordered a new trial, and 51
83	83	WHEREAS, the CRU report found that there was no credible 52
84	84	evidence of Mr. DuBoise's guilt and, likewise, that there was 53
85	85	clear and convincing evidence of his innocence, and 54
86	86	WHEREAS, on September 14, 2020, as the result of the CRU 55
87	87	report, the state orally pronounced a nolle prosequi with regard 56
88	88	to the retrial of Mr. DuBoise, and 57
89	89	WHEREAS, the Legislature acknowledges that the state's 58
90	90	system of justice yielded an imperfect result tha t had tragic 59
91	91	consequences in this case, and 60
92	92	WHEREAS, the Legislature acknowledges that, as a result of 61
93	93	his physical confinement, Mr. DuBoise suffered significant 62
94	94	damages that are unique to him, and that the damages are due to 63
95	95	the fact that he was physical ly restrained and prevented from 64
96	96	exercising the freedom to which all innocent citizens are 65
97	97	entitled, and 66
98	98	WHEREAS, before his conviction for the aforementioned 67
99	99	crimes, Mr. DuBoise had prior convictions for unrelated 68
100	100	nonviolent felonies, and 69
101	101	WHEREAS, because of his prior nonviolent felony 70
102	102	convictions, Mr. DuBoise is ineligible for compensation under 71
103	103	chapter 961, Florida Statutes, and 72
104	104	WHEREAS, the Legislature apologizes to Mr. DuBoise on 73
105	105	behalf of the state, NOW, THEREFORE, 74
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115	115	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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117	117	Be It Enacted by the Legislatu re of the State of Florida: 76
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119	119	Section 1. The facts stated in the preamble to this act 78
120	120	are found and declared to be true. 79
121	121	Section 2. The sum of $1.85 million is appropriated from 80
122	122	the General Revenue Fund to the Department of Financial Services 81
123	123	for the relief of Robert Earl DuBoise for his wrongful 82
124	124	incarceration. The Chief Financial Officer is directed to draw a 83
125	125	warrant in the sum of $1.85 million payable directly to Robert 84
126	126	Earl DuBoise. 85
127	127	Section 3. Tuition and fees for Mr. DuBoise shall be 86
128	128	waived for up to a total of 120 hours of instruction at any 87
129	129	career center established pursuant to s. 1001.44, Florida 88
130	130	Statutes, Florida College System institution established under 89
131	131	part III of chapter 1004, Florida Statutes, or state university. 90
132	132	For any educational benefit he receives, Mr. DuBoise must meet 91
133	133	and maintain the regular admission and registration requirements 92
134	134	of the career center, institution, or state university and make 93
135	135	satisfactory academic progress as defined by the educational 94
136	136	institution in which he is enrolled. 95
137	137	Section 4. The Chief Financial Officer shall pay the funds 96
138	138	directed by this act without requiring that the wrongfully 97
139	139	incarcerated person, Mr. DuBoise, sign a liability release. 98
140	140	Section 5. With respect to the relief for Mr. Du Boise as 99
141	141	described in this act, the Legislature does not waive any 100 
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150	150	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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152	152	defense of sovereign immunity or increase the limits of 101
153	153	liability on behalf of the state or any person or entity that is 102
154	154	subject to s. 768.28, Florida Statutes, or any other law. Funds 103
155	155	awarded under this act to Mr. DuBoise may not be used or be paid 104
156	156	for attorney fees or lobbying fees related to this claim. 105
157	157	Section 6. Upon his receipt of payment under this act, Mr. 106
158	158	DuBoise may not submit an application for compensation under 107
159	159	chapter 961, Florida Statutes. 108
160	160	Section 7. Claimant Mr. DuBoise must notify the Department 109
161	161	of Legal Affairs upon filing any civil action related to his 110
162	162	wrongful incarceration. If, after the time that monetary 111
163	163	compensation is paid under this act, a court enters a mon etary 112
164	164	judgment in favor of Mr. DuBoise in a civil action related to 113
165	165	his wrongful incarceration, or Mr. DuBoise enters into a 114
166	166	settlement agreement with the state or any political subdivision 115
167	167	thereof related to his wrongful incarceration, Mr. DuBoise must 116
168	168	reimburse the state for the monetary compensation awarded under 117
169	169	this act, less any sums paid for attorney fees or costs incurred 118
170	170	in litigating the civil action or obtaining the settlement 119
171	171	agreement. A reimbursement required under this section may not 120
172	172	exceed the amount of monetary award Mr. DuBoise received for 121
173	173	damages in the civil action or settlement agreement. The court 122
174	174	must include in the order of judgment an award to the state of 123
175	175	any amount required to be deducted under this section. 124
176	176	Section 8. The department must file a notice of payment of 125 
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185	185	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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187	187	monetary compensation in the civil action, and the notice shall 126
188	188	constitute a lien upon any judgment or settlement recovered 127
189	189	under the civil action which is equal to the sum of monetary 128
190	190	compensation paid to the cla imant under this act, less any 129
191	191	attorney fees and litigation costs. 130
192	192	Section 9. If any future judicial determination finds that 131
193	193	Mr. DuBoise, by DNA evidence or otherwise, participated in any 132
194	194	manner in the death or sexual battery for which he was 133
195	195	incarcerated, the unused benefits to which he is entitled under 134
196	196	this act are vacated. 135
197	197	Section 10. This act shall take effect upon becoming a 136
198	198	law. 137