Florida Senate - 2025 (NP) SB 10 By Senator Pizzo 37-00107-25 202510__ 1 A bill to be entitled 2 An act for the relief of Sidney Holmes; providing an 3 appropriation to compensate Mr. Holmes for being 4 wrongfully incarcerated for 34 years; directing the 5 Chief Financial Officer to draw a warrant payable 6 directly to Mr. Holmes; requiring the Chief Financial 7 Officer to pay the directed funds without requiring 8 Mr. Holmes to sign a liability release; providing for 9 the waiver of certain tuition and fees for Mr. Holmes; 10 declaring that the Legislature does not waive certain 11 defenses or increase the state’s limits of liability 12 with respect to the act; prohibiting funds awarded 13 under the act to Mr. Holmes from being used or paid 14 for attorney or lobbying fees; prohibiting Mr. Holmes 15 from submitting a compensation application under 16 certain provisions upon his receipt of payment under 17 the act; requiring Mr. Holmes to reimburse the state 18 under specified circumstances; requiring Mr. Holmes to 19 notify the Department of Legal Affairs upon filing 20 certain civil actions; requiring the department to 21 file a specified notice under certain circumstances; 22 providing that certain benefits are void upon 23 specified findings; providing an effective date. 24 25 WHEREAS, Sidney Holmes was arrested on October 6, 1988, for 26 a robbery committed on June 19, 1988, outside a convenience 27 store in Fort Lauderdale and was convicted on April 26, 1989, of 28 armed robbery with a firearm, and 29 WHEREAS, since the time of his arrest, Mr. Holmes has been 30 unwavering in maintaining his innocence in connection with the 31 crime, and 32 WHEREAS, Mr. Holmes, who had previous felony convictions, 33 was sentenced to 400 years in prison and served 34 years of that 34 sentence, and 35 WHEREAS, on February 23, 2023, the Conviction Review Unit 36 for the State Attorney’s Office for the 17th Judicial Circuit 37 issued a 25-page “Conviction Review Unit Final Memorandum,” 38 reaching the conclusion that Mr. Holmes’ judgment and sentence 39 should be vacated and that the State Attorney’s Office should 40 enter a nolle prosequi, and 41 WHEREAS, the final memorandum was issued based on the 42 findings of the Independent Review Panel that the case against 43 Mr. Holmes gave rise to reasonable doubt as to his culpability 44 and noted that it was highly likely that Mr. Holmes is factually 45 innocent of the armed robbery and that the Broward County State 46 Attorney’s Office would not charge Mr. Holmes if the case were 47 presented today, and 48 WHEREAS, on March 13, 2023, the Circuit Court for the 17th 49 Judicial Circuit issued, with the concurrence of the state, an 50 “Agreed Order Vacating Judgment and Sentence” on the basis that 51 there is reasonable doubt as to Mr. Holmes’ guilt in the case 52 and that it is highly likely that he was misidentified and is 53 factually innocent of the armed robbery, and 54 WHEREAS, that same day, the state filed a Notice of Nolle 55 Prosequi, exonerating Mr. Holmes, and 56 WHEREAS, the Legislature acknowledges that the state’s 57 system of justice yielded an imperfect result that had tragic 58 consequences in this case, and 59 WHEREAS, the Legislature acknowledges that as a result of 60 his physical confinement, Mr. Holmes 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 crime, Mr. Holmes had prior convictions for unrelated felonies, 67 and 68 WHEREAS, because of those prior felony convictions, Mr. 69 Holmes is ineligible for compensation under chapter 961, Florida 70 Statutes, and 71 WHEREAS, the Legislature apologizes to Mr. Holmes on behalf 72 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 $1.722 million is appropriated from 79 the General Revenue Fund to the Department of Financial Services 80 for the relief of Sidney Holmes for his wrongful incarceration. 81 The Chief Financial Officer is directed to draw a warrant in 82 favor of Mr. Holmes in the sum of $1.722 million, payable 83 directly to Sidney Holmes. 84 Section 3. The Chief Financial Officer shall pay the funds 85 directed by this act without requiring that Mr. Holmes sign a 86 liability release. 87 Section 4. Tuition and fees for Mr. Holmes shall be waived 88 for up to a total of 120 hours of instruction at any career 89 center established under s. 1001.44, Florida Statutes, any 90 Florida College System institution established under part III of 91 chapter 1004, Florida Statutes, or any state university. For any 92 educational benefit made, Mr. Holmes must meet and maintain the 93 regular admission and registration requirements of such career 94 center, institution, or state university and make satisfactory 95 academic progress as defined by the educational institution in 96 which he is enrolled. 97 Section 5. With respect to the relief for Mr. Holmes 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. Holmes 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 Holmes may not submit an application for compensation under 106 chapter 961, Florida Statutes. 107 Section 7. If, after monetary compensation is paid under 108 this act, a court enters a monetary judgment in favor of Mr. 109 Holmes in a civil action related to his wrongful incarceration, 110 or Mr. Holmes enters into a settlement agreement with the state 111 or any political subdivision thereof related to his wrongful 112 incarceration, Mr. Holmes must reimburse the state for the 113 monetary compensation awarded under this act. Such reimbursement 114 may not exceed the amount of monetary award Mr. Holmes receives 115 for damages in such civil action or settlement agreement, less 116 any sums paid for attorney fees or costs incurred in litigating 117 the civil action or obtaining the settlement agreement. The 118 court must include in the order of judgment an award to the 119 state of any amount required to be deducted pursuant to this 120 act. Claimant Sidney Holmes must notify the Department of Legal 121 Affairs immediately upon filing any such civil action, after 122 receipt of which the department shall file a notice of payment 123 of monetary compensation in the civil action. Such notice 124 constitutes a lien upon any judgment or settlement recovered 125 under the civil action in an amount equal to the sum of monetary 126 compensation paid to the claimant under this act, less the 127 specified attorney fees and costs. 128 Section 8. If any future judicial determination concludes 129 that Mr. Holmes, by DNA evidence or otherwise, participated in 130 any manner in the armed robbery for which he was incarcerated, 131 the unused benefits to which he is entitled under this act are 132 void. 133 Section 9. This act shall take effect upon becoming a law.