Florida Senate - 2018 CS for SB 1332
By the Committee on Criminal Justice; and Senators Perry and
Rouson
591-02330-18 20181332c1
1 A bill to be entitled
2 An act relating to the restoration of civil rights;
3 creating s. 947.131, F.S.; defining terms; requiring
4 that an application for the restoration of civil
5 rights which has been submitted before a specified
6 date and which qualifies as a priority application be
7 processed and the investigation be completed before
8 certain other applications; specifying deadlines to
9 complete investigations for certain priority
10 applications; requiring the applicant to keep the
11 Florida Commission on Offender Review informed of his
12 or her correct address, including his or her e-mail
13 address, throughout the clemency process; requiring
14 the commission to provide annual written notification
15 to the applicant on the status of the application
16 review process; providing requirements for such
17 notification; requiring the commission to notify an
18 applicant within a specified time of any incomplete
19 portions of the application or any facts that are
20 determined in the prescreening review to deem the
21 applicant ineligible for restoration of civil rights;
22 requiring an applicant to be given a specified time to
23 remedy any incomplete portions or discrepancies in the
24 application; requiring a confidential case analysis
25 report prepared by the commission to be submitted to
26 the applicant immediately upon completion, subject to
27 certain requirements; requiring an applicant to be
28 given a specified time to dispute and remedy any
29 discrepancies in the confidential case analysis
30 report; requiring the commission to provide
31 information on the status of an application if a
32 member of the Senate or the House of Representatives
33 submits any written request to the commission for such
34 information on behalf of the member’s constituent;
35 providing rulemaking authority; providing an effective
36 date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Section 947.131, Florida Statutes, is created to
41 read:
42 947.131 Restoration of civil rights; investigations
43 conducted by the commission.—
44 (1) For purposes of this section, the term:
45 (a) “Applicant” means a person applying to the commission
46 for the restoration of his or her civil rights.
47 (b) “Confidential case analysis report” means the final
48 report prepared by the commission which details the findings of
49 the restoration of civil rights investigation and the
50 commission’s recommendation.
51 (c) “Prescreening review” means the initial review to
52 determine eligibility which is conducted by the commission upon
53 receipt of an application for restoration of civil rights.
54 (d) “Priority application” means an application for the
55 restoration of civil rights submitted by an applicant who has
56 never been convicted of a violent felony offense.
57 (e) “Violent felony offense” means the commission of, an
58 attempt to commit, or a conspiracy to commit any of the
59 following:
60 1. Leaving the scene of a crash involving death or serious
61 bodily injury in violation of s. 316.027;
62 2. Driving under the influence resulting in death or
63 serious bodily injury in violation of s. 316.193;
64 3. An offense enumerated in s. 775.084(1)(d), excluding
65 burglary as defined in s. 810.02(4);
66 4. Failure to register as a sexual predator in violation of
67 s. 775.21 or as a sexual offender in violation of s. 943.0435;
68 5. Facilitating or furthering terrorism in violation of s.
69 775.31;
70 6. False imprisonment in violation of s. 787.02;
71 7. Abuse, aggravated abuse, and neglect of an elderly
72 person or disabled adult in violation of s. 825.102;
73 8. An offense in violation of chapter 847;
74 9. Poisoning of food or water in violation of s. 859.01;
75 10. Abuse of a dead human body in violation of s. 872.06;
76 11. A first or second degree felony in violation of chapter
77 893; or
78 12. An offense which requires a person to register as a
79 sexual offender in accordance with s. 943.0435.
80 (2)(a) An application that has been submitted before July
81 1, 2018, which qualifies as a priority application pursuant to
82 this section must be processed and the investigation completed
83 before an application that:
84 1. Is submitted on or after July 1, 2018, which qualifies
85 as a priority application; or
86 2. Does not qualify as a priority application, regardless
87 of the submission date.
88 (b) An investigation for a priority application that is
89 submitted before July 1, 2018, must be completed by July 1,
90 2022.
91 (c) An investigation for a priority application that is
92 submitted on or after July 1, 2018, but before July 1, 2021,
93 must be completed by July 1, 2023.
94 (d) An investigation for a priority application that is
95 submitted on or after July 1, 2021, but before July 1, 2023,
96 must be completed by July 1, 2024.
97 (e) Beginning July 1, 2023, the commission shall complete
98 the investigation for a priority application within 1 year after
99 the submission of the application.
100 (3)(a) The applicant shall keep the commission informed of
101 his or her correct address, including his or her e-mail address,
102 throughout the clemency process.
103 (b)1. The commission shall provide annual written
104 notification to the applicant on the status of the application
105 review process. Notification may be made by e-mail if such
106 address is provided by the applicant.
107 2. The written notification must include the number of
108 applications which are pending and which will be handled before
109 the applicant’s application will begin being reviewed.
110 (c) The commission shall notify an applicant within 30 days
111 after completion of the prescreening review of any incomplete
112 portions of the application or any facts that are determined in
113 the prescreening review to deem the applicant ineligible for
114 restoration of civil rights. An applicant shall be given 45 days
115 to remedy any incomplete portions or discrepancies in the
116 application.
117 (4) The confidential case analysis report prepared by the
118 commission shall be submitted to the applicant immediately upon
119 completion, which must be no less than 45 days before the
120 commission is scheduled to submit the report to the Board of
121 Executive Clemency. An applicant shall be given 45 days to
122 dispute and remedy any discrepancies in the confidential case
123 analysis report before the commission submits the report to the
124 Board of Executive Clemency.
125 (5) If a member of the Senate or the House of
126 Representatives submits any written request to the commission
127 regarding the status of an application on behalf of his or her
128 constituent, the commission must provide such information,
129 including, but not limited to, whether submission of the
130 application at issue is deemed complete or incomplete, how many
131 applications are pending before the application at issue,
132 whether the application at issue has been assigned to an
133 investigator, and whether the investigative process has been
134 initiated.
135 (6) The commission may adopt rules pursuant to chapter 120
136 to implement this section.
137 Section 2. This act shall take effect July 1, 2018.