Bill Text: FL S0006 | 2024 | Regular Session | Introduced
Bill Title: Relief of Sidney Holmes/State of Florida
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2024-03-08 - Died in Special Master on Claim Bills [S0006 Detail]
Download: Florida-2024-S0006-Introduced.html
Florida Senate - 2024 (NP) SB 6 By Senator Jones 34-00070-24 20246__ 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 certain 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 June 19, 1988, robbery outside of a convenience store in Fort 27 Lauderdale and was convicted on April 26, 1989, of armed robbery 28 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 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, and Mr. Holmes was exonerated, 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 damages 61 that are unique to him, and that the damages are due to the fact 62 that he was physically restrained and prevented from exercising 63 the freedom to which all innocent citizens are entitled, and 64 WHEREAS, before his conviction for the aforementioned 65 crimes, Mr. Holmes had prior convictions for unrelated felonies, 66 and 67 WHEREAS, because of his prior felony convictions, Mr. 68 Holmes is ineligible for compensation under chapter 961, Florida 69 Statutes, and 70 WHEREAS, the Legislature apologizes to Mr. Holmes on behalf 71 of the state, NOW, THEREFORE, 72 73 Be It Enacted by the Legislature of the State of Florida: 74 75 Section 1. The facts stated in the preamble to this act are 76 found and declared to be true. 77 Section 2. The sum of $1.722 million is appropriated from 78 the General Revenue Fund to the Department of Financial Services 79 for the relief of Sidney Holmes for his wrongful incarceration. 80 The Chief Financial Officer is directed to draw a warrant in 81 favor of Mr. Holmes in the sum of $1.722 million, payable 82 directly to Sidney Holmes. 83 Section 3. The Chief Financial Officer shall pay the funds 84 directed by this act without requiring that Mr. Holmes sign a 85 liability release. 86 Section 4. Tuition and fees for Mr. Holmes shall be waived 87 for up to a total of 120 hours of instruction at any career 88 center established under s. 1001.44, Florida Statutes, any 89 Florida College System institution established under part III of 90 chapter 1004, Florida Statutes, or any state university. For any 91 educational benefit made, Mr. Holmes must meet and maintain the 92 regular admission and registration requirements of such career 93 center, institution, or state university and make satisfactory 94 academic progress as defined by the educational institution in 95 which he is enrolled. 96 Section 5. With respect to the relief for Mr. Holmes 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. Holmes 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 Holmes may not submit an application for compensation under 105 chapter 961, Florida Statutes. 106 Section 7. If, after monetary compensation is paid under 107 this act, a court enters a monetary judgment in favor of Mr. 108 Holmes in a civil action related to his wrongful incarceration, 109 or Mr. Holmes enters into a settlement agreement with the state 110 or any political subdivision thereof related to his wrongful 111 incarceration, Mr. Holmes must reimburse the state for the 112 monetary compensation awarded under this act. Such reimbursement 113 may not exceed the amount of monetary award Mr. Holmes receives 114 for damages in such civil action or settlement agreement, less 115 any sums paid for attorney fees or costs incurred in litigating 116 the civil action or obtaining the settlement agreement. The 117 court must include in the order of judgment an award to the 118 state of any amount required to be deducted pursuant to this 119 act. Claimant Sidney Holmes shall notify the Department of Legal 120 Affairs immediately upon filing any such civil action, after 121 receipt of which the Department of Legal Affairs shall file a 122 notice of payment of monetary compensation in the civil action. 123 Such notice constitutes a lien upon any judgment or settlement 124 recovered under the civil action in an amount equal to the sum 125 of monetary compensation paid to the claimant under this act, 126 less the specified attorney fees and costs. 127 Section 8. If any future judicial determination concludes 128 that Mr. Holmes, by DNA evidence or otherwise, participated in 129 any manner in the armed robbery for which he was incarcerated, 130 the unused benefits to which he is entitled under this act are 131 void. 132 Section 9. This act shall take effect upon becoming a law.