Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1332
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Criminal Justice (Perry) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 59 - 132
    4  and insert:
    5         (c) “Prescreening review” means the initial review to
    6  determine eligibility which is conducted by the commission upon
    7  receipt of an application for restoration of civil rights.
    8         (d) “Priority application” means an application for the
    9  restoration of civil rights submitted by an applicant who has
   10  never been convicted of a violent felony offense.
   11         (e) “Violent felony offense” means the commission of, an
   12  attempt to commit, or a conspiracy to commit any of the
   13  following:
   14         1. Leaving the scene of a crash involving death or serious
   15  bodily injury in violation of s. 316.027;
   16         2. Driving under the influence resulting in death or
   17  serious bodily injury in violation of s. 316.193;
   18         3. An offense enumerated in s. 775.084(1)(d), excluding
   19  burglary as defined in s. 810.02(4);
   20         4.Failure to register as a sexual predator in violation of
   21  s. 775.21 or as a sexual offender in violation of s. 943.0435;
   22         5. Facilitating or furthering terrorism in violation of s.
   23  775.31.
   24         6. False imprisonment in violation of s. 787.02;
   25         7.Abuse, aggravated abuse, and neglect of an elderly
   26  person or disabled adult in violation of s. 825.102;
   27         8. An offense in violation of chapter 847;
   28         9. Poisoning of food or water in violation of s. 859.01;
   29         10. Abuse of a dead human body in violation of s. 872.06;
   30         11. A first or second degree felony in violation of chapter
   31  893; or
   32         12. An offense which requires a person to register as a
   33  sexual offender in accordance with s. 943.0435.
   34         (2)(a)An application that has been submitted before July
   35  1, 2018, which qualifies as a priority application pursuant to
   36  this section must be processed and the investigation completed
   37  before an application that:
   38         1. Is submitted on or after July 1, 2018, which qualifies
   39  as a priority application; or
   40         2. Does not qualify as a priority application, regardless
   41  of the submission date.
   42         (b) An investigation for a priority application that is
   43  submitted before July 1, 2018, must be completed by July 1,
   44  2022.
   45         (c) An investigation for a priority application that is
   46  submitted on or after July 1, 2018, but before July 1, 2021,
   47  must be completed by July 1, 2023.
   48         (d) An investigation for a priority application that is
   49  submitted on or after July 1, 2021, but before July 1, 2023,
   50  must be completed by July 1, 2024.
   51         (e) Beginning July 1, 2023, the commission shall complete
   52  the investigation for a priority application within 1 year after
   53  the submission of the application.
   54         (3)(a)The applicant shall keep the commission informed of
   55  his or her correct address, including his or her e-mail address,
   56  throughout the clemency process.
   57         (b)1. The commission shall provide annual written
   58  notification to the applicant on the status of the application
   59  review process. Notification may be made by e-mail if such
   60  address is provided by the applicant.
   61         2. The written notification must include the number of
   62  applications which are pending and which will be handled before
   63  the applicant’s application will begin being reviewed.
   64         (c) The commission shall notify an applicant within 30 days
   65  after completion of the prescreening review of any incomplete
   66  portions of the application or any facts that are determined in
   67  the prescreening review to deem the applicant ineligible for
   68  restoration of civil rights. An applicant shall be given 45 days
   69  to remedy any incomplete portions or discrepancies of the
   70  application.
   71         (4) The confidential case analysis report prepared by the
   72  commission shall be submitted to the applicant immediately upon
   73  completion, which must be no less than 45 days before the
   74  commission is scheduled to submit the report to the Board of
   75  Executive Clemency. An applicant shall be given 45 days to
   76  dispute and remedy any discrepancies in the confidential case
   77  analysis report before the commission submits the report to the
   78  Board of Executive Clemency.
   79         (5)If a member of the Senate or the House of
   80  Representatives submits any written request to the commission
   81  regarding the status of an application on behalf of his or her
   82  constituent, the commission must provide such information,
   83  including, but not limited to, whether submission of the
   84  application at issue is deemed complete or incomplete, how many
   85  applications are pending before the application at issue,
   86  whether the application at issue has been assigned to an
   87  investigator, and whether the investigative process has been
   88  initiated.
   89  
   90  ================= T I T L E  A M E N D M E N T ================
   91  And the title is amended as follows:
   92         Delete lines 10 - 38
   93  and insert:
   94         requiring the applicant to keep the Florida Commission
   95         on Offender Review informed of his or her correct
   96         address, including his or her e-mail address,
   97         throughout the clemency process; requiring the
   98         commission to provide annual written notification to
   99         the applicant on the status of the application review
  100         process; providing requirements for such notification;
  101         requiring the commission to notify an applicant within
  102         a specified period of time of any incomplete portions
  103         of the application or any facts that are determined in
  104         the prescreening review to deem the applicant
  105         ineligible for restoration of civil rights; requiring
  106         an applicant to be given a specified period of time to
  107         remedy any incomplete portions or discrepancies of the
  108         application; requiring a confidential case analysis
  109         report prepared by the commission to be submitted to
  110         the applicant immediately upon completion, subject to
  111         certain requirements; requiring an applicant to be
  112         given a specified period of time to dispute and remedy
  113         any discrepancies in the confidential case analysis
  114         report; requiring the