Senate Bill sb0528
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Florida Senate - 2001 SJR 528
By Senator Burt
16-460-01
1 Senate Joint Resolution No. ____
2 A joint resolution proposing an amendment to
3 Section 8 of Article IV of the State
4 Constitution, relating to clemency, to revise
5 the duties of the parole and probation
6 commission.
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8 Be It Resolved by the Legislature of the State of Florida:
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10 That the following amendment to Section 8 of Article IV
11 of the State Constitution is agreed to and shall be submitted
12 to the electors of this state for approval or rejection at the
13 next general election or at an earlier special election
14 specifically authorized by law for that purpose:
15 ARTICLE IV
16 EXECUTIVE
17 SECTION 8. Clemency.--
18 (a) Except in cases of treason and in cases where
19 impeachment results in conviction, the governor may, by
20 executive order filed with the secretary of state, suspend
21 collection of fines and forfeitures, grant reprieves not
22 exceeding sixty days and, with the approval of three members
23 of the cabinet, grant full or conditional pardons, restore
24 civil rights, commute punishment, and remit fines and
25 forfeitures for offenses.
26 (b) In cases of treason the governor may grant
27 reprieves until adjournment of the regular session of the
28 legislature convening next after the conviction, at which
29 session the legislature may grant a pardon or further
30 reprieve; otherwise the sentence shall be executed.
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Florida Senate - 2001 SJR 528
16-460-01
1 (c) There may be created by law a parole and probation
2 commission with power to supervise persons on probation and to
3 grant paroles or conditional releases to persons under
4 sentences for crime. The qualifications, method of selection
5 and terms, not to exceed six years, of members of the
6 commission shall be prescribed by law.
7 BE IT FURTHER RESOLVED that, effective January 7, 2003,
8 Section 8 of Article IV of the State Constitution, as amended
9 by Revision No. 8 of the 1998 Constitutional Revision
10 Commission, is amended to read:
11 ARTICLE IV
12 EXECUTIVE
13 SECTION 8. Clemency.--
14 (a) Except in cases of treason and in cases where
15 impeachment results in conviction, the governor may, by
16 executive order filed with the custodian of state records,
17 suspend collection of fines and forfeitures, grant reprieves
18 not exceeding sixty days and, with the approval of two members
19 of the cabinet, grant full or conditional pardons, restore
20 civil rights, commute punishment, and remit fines and
21 forfeitures for offenses.
22 (b) In cases of treason the governor may grant
23 reprieves until adjournment of the regular session of the
24 legislature convening next after the conviction, at which
25 session the legislature may grant a pardon or further
26 reprieve; otherwise the sentence shall be executed.
27 (c) There may be created by law a parole and probation
28 commission with power to supervise persons on probation and to
29 grant paroles or conditional releases to persons under
30 sentences for crime. The qualifications, method of selection
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Florida Senate - 2001 SJR 528
16-460-01
1 and terms, not to exceed six years, of members of the
2 commission shall be prescribed by law.
3 BE IT FURTHER RESOLVED that the following statement be
4 placed on the ballot:
5 CONSTITUTIONAL AMENDMENT
6 ARTICLE IV, SECTION 8
7 PAROLE COMMISSION.--Proposing an amendment to the State
8 Constitution to remove from the Parole Commission its
9 authority to supervise persons on probation.
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