Florida Senate - 2021 (NP) SB 504 By Senator Polsky 29-00570A-21 2021504__ 1 A bill to be entitled 2 An act for the relief of Robert Earl DuBoise; 3 providing an appropriation to compensate him for being 4 wrongfully incarcerated for almost 37 years; directing 5 the Chief Financial Officer to draw a warrant payable 6 directly to Mr. DuBoise; providing for the waiver of 7 certain tuition and fees for Mr. DuBoise; requiring 8 the Chief Financial Officer to pay the directed funds 9 without requiring that Mr. DuBoise sign a liability 10 release; declaring that the Legislature does not waive 11 certain defenses or increase the state’s limits of 12 liability with respect to this act; prohibiting funds 13 awarded under this act to Mr. DuBoise from being used 14 or paid for attorney or lobbying fees; prohibiting Mr. 15 DuBoise from submitting a compensation application 16 under certain provisions upon his receipt of payment 17 under the 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 are 24 vacated upon specified findings; providing an 25 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 for 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 Conviction 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 conviction 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, vacated the judgment 50 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 that 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 physically 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 Be It Enacted by the Legislature of the State of Florida: 76 77 Section 1. The facts stated in the preamble to this act are 78 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 Mr. DuBoise for his wrongful incarceration. 82 The Chief Financial Officer is directed to draw a warrant in the 83 sum of $1.85 million payable directly to Robert Earl DuBoise. 84 Section 3. Tuition and fees for Mr. DuBoise shall be waived 85 for up to a total of 120 hours of instruction at any career 86 center established pursuant to s. 1001.44, Florida Statutes, 87 Florida College System institution established under part III of 88 chapter 1004, Florida Statutes, or state university. For any 89 educational benefit made, Mr. DuBoise must meet and maintain the 90 regular admission and registration requirements of the career 91 center, institution, or state university and make satisfactory 92 academic progress as defined by the educational institution in 93 which he is enrolled. 94 Section 4. The Chief Financial Officer shall pay the funds 95 directed by this act without requiring that the wrongfully 96 incarcerated person, Mr. DuBoise, sign a liability release. 97 Section 5. With respect to the relief for Mr. DuBoise as 98 described in this act, the Legislature does not waive any 99 defense of sovereign immunity or increase the limits of 100 liability on behalf of the state or any person or entity that is 101 subject to s. 768.28, Florida Statutes, or any other law. Funds 102 awarded under this act to Mr. DuBoise may not be used or be paid 103 for attorney fees or lobbying fees related to this claim. 104 Section 6. Upon his receipt of payment under this act, Mr. 105 DuBoise may not submit an application for compensation under 106 chapter 961, Florida Statutes. 107 Section 7. If, after the time that monetary compensation is 108 paid under this act, a court enters a monetary judgment in favor 109 of Mr. DuBoise in a civil action related to his wrongful 110 incarceration, or Mr. DuBoise enters into a settlement agreement 111 with the state or any political subdivision thereof related to 112 his wrongful incarceration, Mr. DuBoise shall reimburse the 113 state for the monetary compensation awarded under this act, less 114 any sums paid for attorney fees or costs incurred in litigating 115 the civil action or obtaining the settlement agreement. A 116 reimbursement required under this section may not exceed the 117 amount of monetary award Mr. DuBoise received for damages in the 118 civil action or settlement agreement. The court must include in 119 the order of judgment an award to the state of any amount 120 required to be deducted under this section. Claimant Mr. DuBoise 121 must notify the Department of Legal Affairs upon filing any such 122 civil action. 123 Section 8. The department must then file a notice of 124 payment of monetary compensation in the civil action, and the 125 notice shall constitute a lien upon any judgment or settlement 126 recovered under the civil action which is equal to the sum of 127 monetary compensation paid to the claimant under this act, less 128 any attorney fees and litigation costs. 129 Section 9. If any future judicial determination determines 130 that Mr. DuBoise, by DNA evidence or otherwise, participated in 131 any manner in the death or sexual battery for which he was 132 incarcerated, the unused benefits to which he is entitled under 133 this act are vacated. 134 Section 10. This act shall take effect upon becoming a law.