| 1 | A bill to be entitled |
| 2 | An act relating to pardons; creating the "Rosa Parks Act"; |
| 3 | creating s. 940.035, F.S.; encouraging the Board of |
| 4 | Executive Clemency to grant a full pardon to a person |
| 5 | convicted of protesting or challenging a state law or |
| 6 | local government ordinance the purpose of which was to |
| 7 | maintain racial segregation of or racial discrimination |
| 8 | against individuals; providing application procedures; |
| 9 | requiring the Parole Commission to notify the state |
| 10 | attorney of the circuit where the violation occurred; |
| 11 | requiring that the pardon be granted unless the state |
| 12 | attorney files an objection with the commission on the |
| 13 | grounds that the conviction did not result from a |
| 14 | violation of a law or ordinance the purpose of which was |
| 15 | to maintain racial segregation of or racial discrimination |
| 16 | against individuals; requiring a hearing if the state |
| 17 | attorney files an objection; providing that a person who |
| 18 | receives a full pardon under the act is not required to |
| 19 | disclose the fact of the conviction or any record or |
| 20 | matter relating to the conviction; amending s. 940.05, |
| 21 | F.S.; providing that a person convicted of protesting or |
| 22 | challenging laws or ordinances the purpose of which was to |
| 23 | maintain racial segregation of or racial discrimination |
| 24 | against individuals is entitled to the restoration of all |
| 25 | rights of citizenship enjoyed by the person before the |
| 26 | conviction if the person has received a full pardon from |
| 27 | the Board of Executive Clemency; providing an effective |
| 28 | date. |
| 29 |
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| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
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| 32 | Section 1. This act may be cited as the "Rosa Parks Act." |
| 33 | Section 2. Section 940.035, Florida Statutes, is created |
| 34 | to read: |
| 35 | 940.035 Pardons for convictions under segregationist laws |
| 36 | or ordinances.-- |
| 37 | (1)(a) Upon application to the Parole Commission, the |
| 38 | Board of Executive Clemency should strongly consider granting a |
| 39 | full pardon to any person convicted of protesting or challenging |
| 40 | a state law or local government ordinance the purpose of which |
| 41 | was to maintain racial segregation of or racial discrimination |
| 42 | against individuals. If the convicted person is deceased, an |
| 43 | application may be filed by a person who can show legal |
| 44 | authority to act on behalf of the deceased person. |
| 45 | (b) The Parole Commission shall notify the state attorney |
| 46 | of the circuit where the violation occurred after the date the |
| 47 | application for a pardon is filed with the commission. The Board |
| 48 | of Executive Clemency should strongly consider granting a full |
| 49 | pardon unless the state attorney files an objection with the |
| 50 | commission on the grounds that the conviction did not result |
| 51 | from a violation of a law or local government ordinance the |
| 52 | purpose of which was to maintain racial segregation of or racial |
| 53 | discrimination against individuals. |
| 54 | (c) If the state attorney objects, a hearing shall be held |
| 55 | at the next scheduled meeting of the Board of Executive Clemency |
| 56 | after the objection is filed. The Parole Commission shall |
| 57 | provide notice of the hearing to all interested parties. |
| 58 | (2) Notwithstanding subsection (1), the Board of Executive |
| 59 | Clemency is strongly encouraged to grant a pardon to a convicted |
| 60 | person who files a sworn affidavit with the board stating that |
| 61 | he or she was convicted of protesting or challenging a state law |
| 62 | or local government ordinance the purpose of which was to |
| 63 | maintain racial segregation of or racial discrimination against |
| 64 | individuals. If the information in the affidavit is later found |
| 65 | to be false, or if the violation of law by the applicant had no |
| 66 | direct relationship to or no purpose whatsoever in protesting or |
| 67 | challenging a state law or local government ordinance the |
| 68 | purpose of which was to maintain racial segregation of or racial |
| 69 | discrimination against individuals, the board may void the |
| 70 | pardon. |
| 71 | (3) A person who has received a full pardon under this |
| 72 | section is not required to disclose the fact of the conviction |
| 73 | or any record or matter relating to the conviction. |
| 74 | Section 3. Section 940.05, Florida Statutes, is amended to |
| 75 | read: |
| 76 | 940.05 Restoration of civil rights.--Any person who has |
| 77 | been convicted of a felony may be entitled to the restoration of |
| 78 | all the rights of citizenship enjoyed by him or her prior to |
| 79 | conviction if the person has: |
| 80 | (1) Received a full pardon from the board of pardons; |
| 81 | (2) Served the maximum term of the sentence imposed upon |
| 82 | him or her; or |
| 83 | (3) Been granted his or her final release by the Parole |
| 84 | Commission; or. |
| 85 | (4) Been convicted of protesting or challenging a state |
| 86 | law or local government ordinance the purpose of which was to |
| 87 | maintain racial segregation of or racial discrimination against |
| 88 | individuals. Such person is entitled to the restoration of all |
| 89 | rights of citizenship enjoyed by the person before the |
| 90 | conviction if the person has received a full pardon from the |
| 91 | Board of Executive Clemency. |
| 92 | Section 4. This act shall take effect upon becoming a law. |