Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. SB 10 Ì607118)Î607118 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/19/2025 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Pizzo) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. The facts stated in the preamble to this act are 6 found and declared to be true. 7 Section 2. The sum of $1.722 million is appropriated from 8 the General Revenue Fund to the Department of Financial Services 9 for the relief of Sidney Holmes for his wrongful incarceration. 10 The Chief Financial Officer is directed to draw a warrant in 11 favor of Mr. Holmes in the sum of $1.722 million, payable 12 directly to Sidney Holmes. 13 Section 3. Tuition and fees for Mr. Holmes shall be waived 14 for up to a total of 120 hours of instruction at any career 15 center established under s. 1001.44, Florida Statutes, any 16 Florida College System institution established under part III of 17 chapter 1004, Florida Statutes, or any state university. For any 18 educational benefit made, Mr. Holmes must meet and maintain the 19 regular admission and registration requirements of such career 20 center, institution, or state university and make satisfactory 21 academic progress as defined by the educational institution in 22 which he is enrolled. 23 Section 4. With respect to the relief for Mr. Holmes as 24 described in this act, the Legislature does not waive any 25 defense of sovereign immunity or increase the limits of 26 liability on behalf of the state or any person or entity that is 27 subject to s. 768.28, Florida Statutes, or any other law. Funds 28 awarded under this act to Mr. Holmes may not be used or be paid 29 for attorney fees or lobbying fees related to this claim. 30 Section 5. Upon his receipt of payment under this act, Mr. 31 Holmes may not submit an application for compensation under 32 chapter 961, Florida Statutes. 33 Section 6. The amount awarded under this act is intended to 34 provide the sole compensation for all present and future claims 35 arising out of the factual situation described in this act. 36 Section 7. If any future judicial determination concludes 37 that Mr. Holmes, by DNA evidence or otherwise, participated in 38 any manner in the armed robbery for which he was incarcerated, 39 the unused benefits to which he is entitled under this act are 40 void. 41 Section 8. This act shall take effect upon becoming a law. 42 43 ================= T I T L E A M E N D M E N T ================ 44 And the title is amended as follows: 45 Delete everything before the enacting clause 46 and insert: 47 A bill to be entitled 48 An act for the relief of Sidney Holmes; providing an 49 appropriation to compensate Mr. Holmes for being 50 wrongfully incarcerated for 34 years; directing the 51 Chief Financial Officer to draw a warrant payable 52 directly to Mr. Holmes; providing for the waiver of 53 certain tuition and fees for Mr. Holmes; declaring 54 that the Legislature does not waive certain defenses 55 or increase the state’s limits of liability with 56 respect to the act; prohibiting funds awarded under 57 the act to Mr. Holmes from being used or paid for 58 attorney or lobbying fees; prohibiting Mr. Holmes from 59 submitting a compensation application under certain 60 provisions upon his receipt of payment under the act; 61 providing that certain benefits are void upon 62 specified findings; providing an effective date. 63 64 WHEREAS, Sidney Holmes was arrested on October 6, 1988, for 65 a robbery committed on June 19, 1988, outside a convenience 66 store in Fort Lauderdale and was convicted on April 26, 1989, of 67 armed robbery with a firearm, and 68 WHEREAS, since the time of his arrest, Mr. Holmes has been 69 unwavering in maintaining his innocence in connection with the 70 crime, and 71 WHEREAS, Mr. Holmes, who had previous felony convictions, 72 was sentenced to 400 years in prison and served 34 years of that 73 sentence, and 74 WHEREAS, on February 23, 2023, the Conviction Review Unit 75 for the State Attorney’s Office for the 17th Judicial Circuit 76 issued a 25-page “Conviction Review Unit Final Memorandum,” 77 reaching the conclusion that Mr. Holmes’ judgment and sentence 78 should be vacated and that the State Attorney’s Office should 79 enter a nolle prosequi, and 80 WHEREAS, the final memorandum was issued based on the 81 findings of the Independent Review Panel that the case against 82 Mr. Holmes gave rise to reasonable doubt as to his culpability 83 and noted that it was highly likely that Mr. Holmes is factually 84 innocent of the armed robbery and that the Broward County State 85 Attorney’s Office would not charge Mr. Holmes if the case were 86 presented today, and 87 WHEREAS, on March 13, 2023, the Circuit Court for the 17th 88 Judicial Circuit issued, with the concurrence of the state, an 89 “Agreed Order Vacating Judgment and Sentence” on the basis that 90 there is reasonable doubt as to Mr. Holmes’ guilt in the case 91 and that it is highly likely that he was misidentified and is 92 factually innocent of the armed robbery, and 93 WHEREAS, that same day, the state filed a Notice of Nolle 94 Prosequi, exonerating Mr. Holmes, and 95 WHEREAS, the Legislature acknowledges that the state’s 96 system of justice yielded an imperfect result that had tragic 97 consequences in this case, and 98 WHEREAS, the Legislature acknowledges that as a result of 99 his physical confinement, Mr. Holmes suffered significant 100 damages that are unique to him, and that the damages are due to 101 the fact that he was physically restrained and prevented from 102 exercising the freedom to which all innocent citizens are 103 entitled, and 104 WHEREAS, before his conviction for the aforementioned 105 crime, Mr. Holmes had prior convictions for unrelated felonies, 106 and 107 WHEREAS, because of those prior felony convictions, Mr. 108 Holmes is ineligible for compensation under chapter 961, Florida 109 Statutes, and 110 WHEREAS, the Legislature apologizes to Mr. Holmes on behalf 111 of the state, NOW, THEREFORE,