Florida Senate - 2008 (Reformatted) SB 246

By Senator Wilson

33-00065A-08 2008246__

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A bill to be entitled

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An act relating to restoration of civil rights; providing

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a short title; providing findings and purpose; creating s.

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944.294, F.S.; providing for automatic restoration of a

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former felon's civil rights following completion of his or

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her sentence of incarceration and community supervision;

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providing that the restoration of civil rights does not

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apply to the right to own, possess, or use firearms;

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providing conditions for and exemptions from automatic

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restoration; providing for education concerning the civil

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rights of people who have felony convictions; amending ss.

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944.292, 944.293, and 944.705, F.S., to conform; providing

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applicability; providing a contingent effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. Short title.--This act may be cited as the

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"Restoration of Civil Rights Act."

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     Section 2. Findings and purpose.--

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     (1) FINDINGS.--The Legislature finds that:

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     (a) The exercise of civil rights is a fundamental aspect of

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citizenship. Among many things, restoring civil rights allows

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former felons to participate in public service, serve on juries,

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and pursue a chosen occupation.

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     (b) Restoring civil rights helps felons who have completed

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their sentences to reintegrate into society. Their opportunity to

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fully participate in society reinforces their ties to the

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community and may help to prevent recidivism.

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     (c) Under current law, all persons convicted of felonies

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permanently lose many civil rights unless they receive

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discretionary executive clemency.

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     (d) The restoration of civil rights through the clemency

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process is cumbersome and costly and produces long delays. The

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clemency process imposes administrative burdens on the state and

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economic burdens on state taxpayers, and it should be reserved

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for extraordinary cases. Streamlining the restoration process for

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the majority of former offenders will advance administrative

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efficiency, fiscal responsibility, fairness, and democracy.

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     (2) PURPOSE.--The purposes of this act are to strengthen

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democratic institutions by enabling felons who have completed

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their sentences to become productive members of society, and to

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streamline procedures for restoring civil rights.

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     Section 3.  Section 944.294, Florida Statutes, is created to

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read:

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     944.294 Restoration of civil rights.--

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     (1) A person who has been convicted of a felony, other than

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those set forth in subsection (3), shall have those civil rights

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that are lost as a consequence of a conviction of that felony

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restored upon completion of his or her sentence. However, this

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section does not apply to restoration of the right to own,

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possess, or use firearms.

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     (2) For purposes of this section, "completion of sentence"

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occurs when a person is released from incarceration upon

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expiration of his or her sentence and has completed all other

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terms and conditions of the sentence or subsequent supervision

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or, if the person has not been incarcerated for the felony

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offense, has completed all terms and conditions of supervision

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imposed on him or her.

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     (3)(a) A person convicted of a crime defined by any of the

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following statutes is ineligible for restoration of civil rights

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under this section:

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     1. Section 782.04, relating to murder.

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     2. Section 782.07(3), relating to aggravated manslaughter

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of a child.

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     3. Section 794.011, relating to sexual battery.

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     4. Section 796.03, relating to procuring a person under 18

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for prostitution.

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     5. Section 796.035, relating to selling or buying minors

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into sex trafficking or prostitution.

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     6. Section 826.04, relating to incest.

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     7. Section 827.071, relating to sexual performance by a

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child.

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     8. Section 847.0145, relating to selling or buying minors.

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     (b) A person convicted of treason or whose impeachment has

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resulted in conviction, as referred to in s. 8, Art. IV of the

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State Constitution, is ineligible for restoration of civil rights

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under this section.

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     (4) This section does not impair the ability of any person

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convicted of a felony to apply for executive clemency under s. 8,

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Art. IV of the State Constitution.

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     (5) A court shall, before accepting a plea of guilty or

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nolo contendere to a felony without trial or, if a trial is held,

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before imposing sentence for a felony, notify the defendant as

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follows:

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     (a) If the felony is described in subsection (3), that

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conviction will result in permanent loss of civil rights unless

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he or she receives executive clemency under s. 8, Art. IV of the

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State Constitution.

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     (b) If the felony is not described in subsection (3), that

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conviction will result in loss of civil rights until the

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defendant completes his or her sentence and that civil rights

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will be restored thereafter, except for the right to own,

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possess, or use firearms.

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     (6) The Secretary of State shall develop and implement a

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program to educate attorneys, judges, election officials,

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corrections officials, including parole and probation officers,

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and members of the public about the requirements of this section,

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ensuring that:

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     (a) Judges are informed of their obligation to notify

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criminal defendants of the potential loss and restoration of

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their civil rights as required by subsection (5).

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     (b) Accurate and complete information about the civil

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rights of people who have been charged with or convicted of

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crimes, whether disenfranchising or not, is made available

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through a single publication to government officials and the

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public.

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     Section 4.  Subsection (1) of section 944.292, Florida

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Statutes, is amended to read:

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     944.292  Suspension of civil rights.--

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     (1)  Upon conviction of a felony as defined in s. 10, Art. X

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of the State Constitution, the civil rights of the person

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convicted shall be suspended in Florida until such rights are

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restored by a full pardon, conditional pardon, or restoration of

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civil rights granted pursuant to s. 8, Art. IV of the State

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Constitution or by restoration of civil rights pursuant to s.

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944.294.

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     Section 5.  Section 944.293, Florida Statutes, is amended to

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read:

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     944.293  Initiation of restoration of civil rights.--With

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respect to those persons convicted of a felony, the following

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procedure shall apply: Prior to the time an offender who has

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committed an offense enumerated in s. 944.294(3) is discharged

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from the custody, control, or supervision of the department, an

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authorized agent of the department shall obtain from the Governor

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the necessary application and other forms required for the

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restoration of civil rights.  The authorized agent shall assist

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the offender in completing these forms and shall ensure that the

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application and all necessary material are forwarded to the

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Governor before the offender is discharged from supervision.

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     Section 6.  Present paragraph (g) of subsection (2) of

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section 944.705, Florida Statutes, is redesignated as paragraph

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(h), and a new paragraph (g) is added to that subsection, to

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read:

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     944.705  Release orientation program.--

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     (2)  The release orientation program instruction must

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include, but is not limited to:

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     (g) Restoration of civil rights.

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     Section 7.  This act shall take effect on the effective date

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of Senate Joint Resolution ___ or another amendment to the State

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Constitution which authorizes, or removes impediments to,

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enactment of this act by the Legislature and shall apply

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retroactively to all persons who are eligible for the restoration

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of civil rights under its terms, regardless of whether they were

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convicted or discharged from sentence prior to its effective

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date.

CODING: Words stricken are deletions; words underlined are additions.