Florida Senate - 2026                              CS for SB 694
       
       
        
       By the Committee on Judiciary; and Senators Bracy Davis, Smith,
       Osgood, Berman, Davis, Arrington, Bernard, Leek, Gaetz, Sharief,
       Mayfield, DiCeglie, Massullo, and Rouson
       
       
       
       590-02249-26                                           2026694c1
    1                        A bill to be entitled                      
    2         An act relating to compensation of the descendants of
    3         Charles Greenlee, Walter Irvin, Samuel Shepherd, and
    4         Ernest Thomas; providing that certain facts are found
    5         and declared to be true; providing that a sum is
    6         appropriated from the General Revenue Fund to the
    7         Department of State for specified relief; requiring
    8         that a specified percentage of such relief be provided
    9         to certain individuals and estates; providing that
   10         specified persons are ineligible for further
   11         compensation; providing an effective date.
   12  
   13         WHEREAS, on July 16, 1949, a 17-year-old white woman and
   14  her estranged husband reported to police that they had been
   15  attacked and that she had been raped by four black men after the
   16  car that she and her husband were riding in broke down on a
   17  rural road outside Groveland, in Lake County, and
   18         WHEREAS, despite the lack of physical evidence in the case
   19  and the established alibis of the accused, Charles Greenlee,
   20  Walter Irvin, Samuel Shepherd, and Ernest Thomas, the four men
   21  were presumed guilty, and
   22         WHEREAS, Mr. Irvin and Mr. Shepherd, both World War II
   23  veterans, acknowledged that they had stopped by the broken-down
   24  vehicle to see if they could assist the couple, but denied any
   25  involvement in the alleged rape, and
   26         WHEREAS, Mr. Greenlee, who was only 16 years old at the
   27  time, and Mr. Thomas denied ever meeting the alleged victim and
   28  her estranged husband, and
   29         WHEREAS, after their arrest that evening, Mr. Greenlee, Mr.
   30  Irvin, and Mr. Shepherd were severely beaten in the basement of
   31  the county jail, and Mr. Greenlee and Mr. Shepherd were coerced
   32  into confessing to the crime, while Mr. Irvin refused to admit
   33  guilt, and
   34         WHEREAS, Mr. Thomas, who fled the county, was shot to death
   35  several days later in Madison County by members of a deputized
   36  posse of armed men, resulting in more than 400 gunshot wounds,
   37  and
   38         WHEREAS, the three surviving men, Mr. Greenlee, Mr. Irvin,
   39  and Mr. Shepherd, were tried and convicted in the case, with Mr.
   40  Greenlee sentenced to life imprisonment due to his age and Mr.
   41  Irvin and Mr. Shepherd sentenced to death, and
   42         WHEREAS, Thurgood Marshall, then executive director of the
   43  NAACP Legal Defense and Educational Fund, appealed the
   44  convictions of Mr. Irvin and Mr. Shepherd to the United States
   45  Supreme Court, which unanimously overturned the judgments on
   46  April 9, 1951, and ordered a retrial, and
   47         WHEREAS, seven months later, in November 1951, while
   48  transporting Mr. Irvin and Mr. Shepherd from Florida State
   49  Prison in Raiford to Tavares State Prison for a pretrial
   50  hearing, Lake County Sheriff Willis McCall and Deputy Sheriff
   51  James L. Yates shot both men on a dirt road leading into
   52  Umatilla, claiming that they had shot the handcuffed men in
   53  self-defense when the two tried to escape, and
   54         WHEREAS, Mr. Shepherd died at the scene as a result of his
   55  wounds, but Mr. Irvin, who pretended to be dead, survived and
   56  accused the sheriff and his deputy of attempted murder, but no
   57  charges were ever brought against the officers, and
   58         WHEREAS, despite Mr. Irvin having been retried and
   59  convicted a second time of the crime and sentenced to death, his
   60  sentence was commuted to life in prison in 1954 by then-Governor
   61  LeRoy Collins, who was not convinced of Mr. Irvin’s guilt, and
   62         WHEREAS, in 1970, while visiting Lake County, Mr. Irvin,
   63  who had been paroled 2 years earlier by then-Governor Claude
   64  Kirk, was found dead in his car, and, while Mr. Irvin’s death
   65  was officially attributed to natural causes, Thurgood Marshall
   66  reportedly doubted the circumstances surrounding Mr. Irvin’s
   67  death, and
   68         WHEREAS, Mr. Greenlee, who was paroled in 1962 after
   69  serving 12 years in prison, died in April 2012 at the age of 78,
   70  and
   71         WHEREAS, in 2017, the Legislature unanimously adopted House
   72  Concurrent Resolution 631 acknowledging the grave injustices
   73  perpetrated against Mr. Greenlee, Mr. Irvin, Mr. Shepherd, and
   74  Mr. Thomas, apologizing to each of them and their families, and
   75  urging the Governor and the Cabinet to perform an expedited
   76  clemency review of their cases for the purpose of granting the
   77  men full pardons, and
   78         WHEREAS, on January 11, 2019, Governor DeSantis issued full
   79  pardons, which were unanimously approved by the Board of
   80  Executive Clemency, to Mr. Greenlee, Mr. Irvin, Mr. Shepherd,
   81  and Mr. Thomas, and
   82         WHEREAS, on November 22, 2021, the State Attorney’s Office
   83  of Lake County filed a motion in the Circuit Court of the Fifth
   84  Judicial Circuit to dismiss the indictments of Mr. Shepherd and
   85  Mr. Thomas and to set aside the convictions and sentences of Mr.
   86  Greenlee and Mr. Irvin, which motion was granted, and
   87         WHEREAS, the State of Florida recognizes an obligation to
   88  equitably redress the injuries, damages, infringement of civil
   89  rights, and loss of life that Mr. Greenlee, Mr. Irvin, Mr.
   90  Shepherd, Mr. Thomas, and their families sustained as a result
   91  of the events that transpired in Lake County, NOW, THEREFORE,
   92  
   93  Be It Enacted by the Legislature of the State of Florida:
   94  
   95         Section 1. The facts stated in the preamble to this act are
   96  found and declared to be true.
   97         Section 2. (1)A sum as specified in the General
   98  Appropriations Act is appropriated from the General Revenue Fund
   99  to the Department of State for the relief of the descendants of
  100  Charles Greenlee, Walter Irvin, Samuel Shepherd, and Ernest
  101  Thomas.
  102         (2)Twenty-five percent of the sum appropriated under
  103  subsection (1) must be provided to each of the following
  104  individuals and estates:
  105         (a)Carol Greenlee Crawlee, the daughter of Charles
  106  Greenlee.
  107         (b)The Estate of Walter Irvin.
  108         (c)The Estate of Samuel Shepherd.
  109         (d)Ruby Lee Jones, the surviving spouse of Ernest Thomas.
  110         Section 3. A person compensated under this act is
  111  ineligible for any further compensation related to the factual
  112  situation described in this act.
  113         Section 4. This act shall take effect upon becoming a law.