Florida Senate - 2021 (NP) SB 504 By Senator Polsky 29-00570A-21 2021504__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act for the relief of Robert Earl DuBoise; 2 providing an appropriation to compensate him for being 3 wrongfully incarcerated for almost 37 years; directing 4 the Chief Financial Officer to draw a warrant payable 5 directly to Mr. DuBoise; providing for the waiver of 6 certain tuition and fees for Mr. DuBoise; requiring 7 the Chief Financial Officer to pay the directed funds 8 without requiring that Mr.

DuBoise sign a liability 9 release; declaring that the Legislature does not waive 10 certain defenses or increase the state’s limits of 11 liability with respect to this act; prohibiting funds 12 awarded under this act to Mr. DuBoise from being used 13 or paid for attorney or lobbying fees; prohibiting Mr. 14 DuBoise from submitting a compensation application 15 under certain provisions upon his receipt of payment 16 under the act; requiring specific reimbursement to the 17 state should a civil award be issued subsequent to Mr. 18 DuBoise’s receipt of payment under the act; requiring 19 Mr.

DuBoise to notify the Department of Legal Affairs 20 upon filing certain civil actions; requiring the 21 department to file a specified notice under certain 22 circumstances; providing that certain benefits are 23 vacated upon specified findings; providing an 24 effective date. 25 26 WHEREAS, Robert Earl DuBoise was arrested on October 22, 27 1983, for the August 18, 1983, rape and murder of a Tampa Bay 28 woman and was convicted of capital murder and attempted sexual 29

Florida Senate - 2021 (NP) SB 504 29-00570A-21 2021504__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. battery on March 7, 1985, and 30 WHEREAS, Mr. DuBoise spent 3 years on death row, and 31 WHEREAS, on March 10, 1988, the Florida Supreme Court 32 issued a mandate vacating Mr. DuBoise’s death sentence, and on 33 April 4, 1988, he was resentenced to life imprisonment for 34 murder and a consecutive 15-year sentence for attempted sexual 35 battery, and 36 WHEREAS, Mr.

DuBoise has maintained his innocence since his 37 arrest and for the entirety of his incarceration for the past 37 38 years, and 39 WHEREAS, on September 11, 2020, the Conviction Review Unit 40 (CRU) for the State Attorney’s Office for the 13th Judicial 41 Circuit issued a 49-page “CRU

Summary Fact-Finding Report” based 42 on a comprehensive investigation spanning nearly 1 year, 43 culminating in the conclusion that “Robert DuBoise’s conviction 44 should be vacated and Robert DuBoise be exonerated of the 45 charges against him,” and 46 WHEREAS, on September 14, 2020, the Circuit Court for the 47 13th Judicial Circuit granted, with the concurrence of the 48 state, a motion for postconviction relief, vacated the judgment 49 and sentence of Mr. DuBoise, and ordered a new trial, and 50 WHEREAS, the CRU report found that there was no credible 51 evidence of Mr.

DuBoise’s guilt and, likewise, that there was 52 clear and convincing evidence of his innocence, and 53 WHEREAS, on September 14, 2020, as the result of the CRU 54 report, the state orally pronounced a nolle prosequi with regard 55 to the retrial of Mr. DuBoise, and 56 WHEREAS, the Legislature acknowledges that the state’s 57 system of justice yielded an imperfect result that had tragic 58

Florida Senate - 2021 (NP) SB 504 29-00570A-21 2021504__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. consequences in this case, and 59 WHEREAS, the Legislature acknowledges that, as a result of 60 his physical confinement, Mr. DuBoise suffered significant 61 damages that are unique to him, and that the damages are due to 62 the fact that he was physically restrained and prevented from 63 exercising the freedom to which all innocent citizens are 64 entitled, and 65 WHEREAS, before his conviction for the aforementioned 66 crimes, Mr.

DuBoise had prior convictions for unrelated 67 nonviolent felonies, and 68 WHEREAS, because of his prior nonviolent felony 69 convictions, Mr. DuBoise is ineligible for compensation under 70

chapter 961, Florida Statutes, and 71 WHEREAS, the Legislature apologizes to Mr. DuBoise on 72 behalf of the state, NOW, THEREFORE, 73 74 Be It Enacted by the Legislature of the State of Florida: 75 76

Section 1. The facts stated in the

preamble to this act are 77 found and declared to be true. 78

Section 2. The sum of $1.85 million is appropriated from 79 the General Revenue Fund to the Department of Financial Services 80 for the relief of Mr. DuBoise for his wrongful incarceration. 81 The Chief Financial Officer is directed to draw a warrant in the 82 sum of $1.85 million payable directly to Robert Earl DuBoise. 83

Section 3. Tuition and fees for Mr. DuBoise shall be waived 84 for up to a total of 120 hours of instruction at any career 85 center established pursuant to s. 1001.44, Florida Statutes, 86 Florida College System institution established under

part III of 87

Florida Senate - 2021 (NP) SB 504 29-00570A-21 2021504__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions.

chapter 1004, Florida Statutes, or state university. For any 88 educational benefit made, Mr. DuBoise must meet and maintain the 89 regular admission and registration requirements of the career 90 center, institution, or state university and make satisfactory 91 academic progress as defined by the educational institution in 92 which he is enrolled. 93

Section 4. The Chief Financial Officer shall pay the funds 94 directed by this act without requiring that the wrongfully 95 incarcerated person, Mr. DuBoise, sign a liability release. 96

Section 5. With respect to the relief for Mr. DuBoise as 97 described in this act, the Legislature does not waive any 98 defense of sovereign immunity or increase the limits of 99 liability on behalf of the state or any person or entity that is 100 subject to s. 768.28, Florida Statutes, or any other law. Funds 101 awarded under this act to Mr. DuBoise may not be used or be paid 102 for attorney fees or lobbying fees related to this claim. 103

Section 6. Upon his receipt of payment under this act, Mr. 104 DuBoise may not submit an application for compensation under 105

chapter 961, Florida Statutes. 106

Section 7. If, after the time that monetary compensation is 107 paid under this act, a court enters a monetary judgment in favor 108 of Mr. DuBoise in a civil action related to his wrongful 109 incarceration, or Mr. DuBoise enters into a settlement agreement 110 with the state or any political subdivision thereof related to 111 his wrongful incarceration, Mr. DuBoise shall reimburse the 112 state for the monetary compensation awarded under this act, less 113 any sums paid for attorney fees or costs incurred in litigating 114 the civil action or obtaining the settlement agreement. A 115 reimbursement required under this

section may not exceed the 116

Florida Senate - 2021 (NP) SB 504 29-00570A-21 2021504__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. amount of monetary award Mr. DuBoise received for damages in the 117 civil action or settlement agreement. The court must include in 118 the order of judgment an award to the state of any amount 119 required to be deducted under this section. Claimant Mr. DuBoise 120 must notify the Department of Legal Affairs upon filing any such 121 civil action. 122

Section 8. The department must then file a notice of 123 payment of monetary compensation in the civil action, and the 124 notice shall constitute a lien upon any judgment or settlement 125 recovered under the civil action which is equal to the sum of 126 monetary compensation paid to the claimant under this act, less 127 any attorney fees and litigation costs. 128

Section 9. If any future judicial determination determines 129 that Mr. DuBoise, by DNA evidence or otherwise, participated in 130 any manner in the death or sexual battery for which he was 131 incarcerated, the unused benefits to which he is entitled under 132 this act are vacated. 133

Section 10. This act shall take effect upon becoming a law. 134