Bill > S0010

Introduced Session

An act for the relief of Sidney Holmes; providing an appropriation to compensate Mr. Holmes for being wrongfully incarcerated for 34 years; directing the Chief Financial Officer to draw a warrant payable directly to Mr. Holmes; providing for the waiver of certain tuition and fees for Mr. Holmes; declaring that the Legislature does not waive certain defenses or increase the state’s limits of liability with respect to the act; prohibiting funds awarded under the act to Mr. Holmes from being used or paid for attorney or lobbying fees; prohibiting Mr. Holmes from submitting a compensation application under certain provisions upon his receipt of payment under the act; providing that certain benefits are void upon specified findings; providing an effective date. WHEREAS, Sidney Holmes was arrested on October 6, 1988, for a robbery committed on June 19, 1988, outside a convenience store in Fort Lauderdale and was convicted on April 26, 1989, of armed robbery with a firearm, and WHEREAS, since the time of his arrest, Mr. Holmes has been unwavering in maintaining his innocence in connection with the crime, and WHEREAS, Mr. Holmes, who had previous felony convictions, was sentenced to 400 years in prison and served 34 years of that sentence, and WHEREAS, on February 23, 2023, the Conviction Review Unit for the State Attorney’s Office for the 17th Judicial Circuit issued a 25-page “Conviction Review Unit Final Memorandum,” reaching the conclusion that Mr. Holmes’ judgment and sentence should be vacated and that the State Attorney’s Office should enter a nolle prosequi, and WHEREAS, the final memorandum was issued based on the findings of the Independent Review Panel that the case against Mr. Holmes gave rise to reasonable doubt as to his culpability and noted that it was highly likely that Mr. Holmes is factually innocent of the armed robbery and that the Broward County State Attorney’s Office would not charge Mr. Holmes if the case were presented today, and WHEREAS, on March 13, 2023, the Circuit Court for the 17th Judicial Circuit issued, with the concurrence of the state, an “Agreed Order Vacating Judgment and Sentence” on the basis that there is reasonable doubt as to Mr. Holmes’ guilt in the case and that it is highly likely that he was misidentified and is factually innocent of the armed robbery, and WHEREAS, that same day, the state filed a Notice of Nolle Prosequi, exonerating Mr. Holmes, and WHEREAS, the Legislature acknowledges that the state’s system of justice yielded an imperfect result that had tragic consequences in this case, and WHEREAS, the Legislature acknowledges that as a result of his physical confinement, Mr. Holmes suffered significant damages that are unique to him, and that the damages are due to the fact that he was physically restrained and prevented from exercising the freedom to which all innocent citizens are entitled, and WHEREAS, before his conviction for the aforementioned crime, Mr. Holmes had prior convictions for unrelated felonies, and WHEREAS, because of those prior felony convictions, Mr. Holmes is ineligible for compensation under chapter 961, Florida Statutes, and WHEREAS, the Legislature apologizes to Mr. Holmes on behalf of the state, NOW, THEREFORE,

Committee Categories

Jason Pizzo (I)*, 

Other Sponsors (1)

Chapter No. 2025-215 (on 07/08/2025)

Official Document