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.