Senate Bill 6 (2024) — Sidney Holmes

SB 6

Florida Bills

Florida Senate - 2024 (NP) SB 6 By Senator Jones 34-00070-24 20246__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act for the relief of Sidney Holmes; providing an 2 appropriation to compensate Mr. Holmes for being 3 wrongfully incarcerated for 34 years; directing the 4 Chief Financial Officer to draw a warrant payable 5 directly to Mr. Holmes; requiring the Chief Financial 6 Officer to pay the directed funds without requiring 7 Mr. Holmes to sign a liability release; providing for 8 the waiver of certain tuition and fees for Mr.

Holmes; 9 declaring that the Legislature does not waive certain 10 defenses or increase the state’s limits of liability 11 with respect to the act; prohibiting funds awarded 12 under the act to Mr. Holmes from being used or paid 13 for attorney or lobbying fees; prohibiting Mr. Holmes 14 from submitting a compensation application under 15 certain provisions upon his receipt of payment under 16 the act; requiring Mr. Holmes to reimburse the state 17 under certain circumstances; requiring Mr.

Holmes to 18 notify the Department of Legal Affairs upon filing 19 certain civil actions; requiring the department to 20 file a specified notice under certain circumstances; 21 providing that certain benefits are void upon 22 specified findings; providing an effective date. 23 24 WHEREAS, Sidney Holmes was arrested on October 6, 1988, for 25 a June 19, 1988, robbery outside of a convenience store in Fort 26 Lauderdale and was convicted on April 26, 1989, of armed robbery 27 with a firearm, and 28 WHEREAS, since the time of his arrest, Mr. Holmes has been 29

Florida Senate - 2024 (NP) SB 6 34-00070-24 20246__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. unwavering in maintaining his innocence in connection with the 30 crime, and 31 WHEREAS, Mr. Holmes, who had previous felony convictions, 32 was sentenced to 400 years in prison and served 34 years of that 33 sentence, and 34 WHEREAS, on February 23, 2023, the Conviction Review Unit 35 for the State Attorney’s Office for the 17th Judicial Circuit 36 issued a 25-page “Conviction Review Unit Final Memorandum,” 37 reaching the conclusion that Mr.

Holmes’ judgment and sentence 38 should be vacated and that the State Attorney’s Office should 39 enter a nolle prosequi, and 40 WHEREAS, the final memorandum was issued based on the 41 findings of the Independent Review Panel that the case against 42 Mr. Holmes gave rise to reasonable doubt as to his culpability 43 and noted that it was highly likely that Mr. Holmes is factually 44 innocent of the armed robbery and the Broward County State 45 Attorney’s Office would not charge Mr.

Holmes if the case were 46 presented today, and 47 WHEREAS, on March 13, 2023, the Circuit Court for the 17th 48 Judicial Circuit issued, with the concurrence of the state, an 49 Agreed Order Vacating Judgment and Sentence on the basis that 50 there is reasonable doubt as to Mr. Holmes’ guilt in the case 51 and that it is highly likely that he was misidentified and is 52 factually innocent of the armed robbery, and 53 WHEREAS, that same day, the state filed a Notice of Nolle 54 Prosequi, and Mr.

Holmes was exonerated, and 55 WHEREAS, the Legislature acknowledges that the state’s 56 system of justice yielded an imperfect result that had tragic 57 consequences in this case, and 58

Florida Senate - 2024 (NP) SB 6 34-00070-24 20246__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. WHEREAS, the Legislature acknowledges that as a result of 59 his physical confinement Mr. Holmes suffered significant damages 60 that are unique to him, and that the damages are due to the fact 61 that he was physically restrained and prevented from exercising 62 the freedom to which all innocent citizens are entitled, and 63 WHEREAS, before his conviction for the aforementioned 64 crimes, Mr. Holmes had prior convictions for unrelated felonies, 65 and 66 WHEREAS, because of his prior felony convictions, Mr. 67 Holmes is ineligible for compensation under

chapter 961, Florida 68 Statutes, and 69 WHEREAS, the Legislature apologizes to Mr. Holmes on behalf 70 of the state, NOW, THEREFORE, 71 72 Be It Enacted by the Legislature of the State of Florida: 73 74

Section 1. The facts stated in the

preamble to this act are 75 found and declared to be true. 76

Section 2. The sum of $1.722 million is appropriated from 77 the General Revenue Fund to the Department of Financial Services 78 for the relief of Sidney Holmes for his wrongful incarceration. 79 The Chief Financial Officer is directed to draw a warrant in 80 favor of Mr. Holmes in the sum of $1.722 million, payable 81 directly to Sidney Holmes. 82

Section 3. The Chief Financial Officer shall pay the funds 83 directed by this act without requiring that Mr. Holmes sign a 84 liability release. 85

Section 4. Tuition and fees for Mr. Holmes shall be waived 86 for up to a total of 120 hours of instruction at any career 87

Florida Senate - 2024 (NP) SB 6 34-00070-24 20246__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. center established under s. 1001.44, Florida Statutes, any 88 Florida College System institution established under

part III of 89

chapter 1004, Florida Statutes, or any state university. For any 90 educational benefit made, Mr. Holmes must meet and maintain the 91 regular admission and registration requirements of such career 92 center, institution, or state university and make satisfactory 93 academic progress as defined by the educational institution in 94 which he is enrolled. 95

Section 5. With respect to the relief for Mr. Holmes as 96 described in this act, the Legislature does not waive any 97 defense of sovereign immunity or increase the limits of 98 liability on behalf of the state or any person or entity that is 99 subject to s. 768.28, Florida Statutes, or any other law. Funds 100 awarded under this act to Mr. Holmes may not be used or be paid 101 for attorney fees or lobbying fees related to this claim. 102

Section 6. Upon his receipt of payment under this act, Mr. 103 Holmes may not submit an application for compensation under 104

chapter 961, Florida Statutes. 105

Section 7. If, after monetary compensation is paid under 106 this act, a court enters a monetary judgment in favor of Mr. 107 Holmes in a civil action related to his wrongful incarceration, 108 or Mr. Holmes enters into a settlement agreement with the state 109 or any political subdivision thereof related to his wrongful 110 incarceration, Mr. Holmes must reimburse the state for the 111 monetary compensation awarded under this act. Such reimbursement 112 may not exceed the amount of monetary award Mr.

Holmes receives 113 for damages in such civil action or settlement agreement, less 114 any sums paid for attorney fees or costs incurred in litigating 115 the civil action or obtaining the settlement agreement. The 116

Florida Senate - 2024 (NP) SB 6 34-00070-24 20246__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. court must include in the order of judgment an award to the 117 state of any amount required to be deducted pursuant to this 118 act.

Claimant Sidney Holmes shall notify the Department of Legal 119 Affairs immediately upon filing any such civil action, after 120 receipt of which the Department of Legal Affairs shall file a 121 notice of payment of monetary compensation in the civil action. 122 Such notice constitutes a lien upon any judgment or settlement 123 recovered under the civil action in an amount equal to the sum 124 of monetary compensation paid to the claimant under this act, 125 less the specified attorney fees and costs. 126

Section 8. If any future judicial determination concludes 127 that Mr. Holmes, by DNA evidence or otherwise, participated in 128 any manner in the armed robbery for which he was incarcerated, 129 the unused benefits to which he is entitled under this act are 130 void. 131

Section 9. This act shall take effect upon becoming a law. 132

Document details

Collection	Florida Bills
Citation	SB 6
Type	bill
Language	en
Format	pdf
Source	FL_SENATE
Identifier	488129b3183374ee5a5ccb7a5965d59886d59c59

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