Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 10
       
       
       
       
       
       
                                Ì607118)Î607118                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/19/2025           .                                
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       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,