Florida Senate - 2009                                    SJR 908
       
       
       
       By Senator Wilson
       
       
       
       
       33-00045A-09                                           2009908__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing amendments to Section 8
    3         of Article IV and Section 9 of Article X of the State
    4         Constitution, to authorize the Legislature to provide
    5         by law for clemency in certain circumstances.
    6         
    7  Be It Resolved by the Legislature of the State of Florida:
    8         
    9         That the following amendment to Section 8 of Article IV of
   10  the State Constitution is agreed to and shall be submitted to
   11  the electors of this state for approval or rejection at the next
   12  general election or at an earlier special election specifically
   13  authorized by law for that purpose:
   14                             ARTICLE IV                            
   15                              EXECUTIVE                            
   16         SECTION 8. Clemency.—
   17         (a) Except in cases of treason and in cases in which where
   18  impeachment results in conviction, the governor may, by
   19  executive order filed with the custodian of state records,
   20  suspend collection of fines and forfeitures, grant reprieves not
   21  exceeding sixty days and, with the approval of two members of
   22  the cabinet, grant full or conditional pardons, restore civil
   23  rights, commute punishment, and remit fines and forfeitures for
   24  offenses.
   25         (b) In cases of treason the governor may grant reprieves
   26  until adjournment of the regular session of the legislature
   27  convening next after the conviction, at which session the
   28  legislature may grant a pardon or further reprieve; otherwise
   29  the sentence shall be executed.
   30         (c) There may be created by law a parole and probation
   31  commission with power to supervise persons on probation and to
   32  grant paroles or conditional releases to persons under sentences
   33  for crime. The qualifications, method of selection and terms,
   34  not to exceed six years, of members of the commission shall be
   35  prescribed by law.
   36         (d) Notwithstanding subsection (a), the legislature may
   37  enact laws to suspend or remit fines and forfeitures, grant
   38  reprieves not exceeding sixty days, restore civil rights, and
   39  commute punishments, except in cases of treason.
   40                              ARTICLE X                            
   41                            MISCELLANEOUS                          
   42         SECTION 9. Repeal of criminal statutes.—The repeal or
   43  amendment of a criminal statute does shall not affect
   44  prosecution or punishment for any crime previously committed
   45  unless the legislature expressly provides otherwise.
   46         BE IT FURTHER RESOLVED that the following statement be
   47  placed on the ballot:
   48                      CONSTITUTIONAL AMENDMENTS                    
   49                        ARTICLE IV, SECTION 8                      
   50                        ARTICLE X, SECTION 9                       
   51         RESTORATION OF CIVIL RIGHTS.—This proposed amendment to the
   52  State Constitution authorizes the Legislature to enact laws to
   53  suspend or remit fines and forfeitures, grant reprieves not
   54  exceeding 60 days, restore civil rights, and commute
   55  punishments, except in cases of treason. Such laws may apply to
   56  previously committed crimes.