Senate Bill sb2514

    Florida Senate - 2002                                  SB 2514

    By Senator Crist





    13-1608-02

  1                      A bill to be entitled

  2         An act relating to the Parole Commission;

  3         amending s. 940.03, F.S.; requiring that the

  4         Parole Commission require a person who applies

  5         for executive clemency to pay a fee if the

  6         commission conducts a hearing on the

  7         application for clemency; amending s. 947.23,

  8         F.S.; requiring that a parolee whose parole is

  9         revoked by the commission pay the costs of

10         investigating and prosecuting the violations of

11         the terms and conditions of parole which

12         resulted in the revocation; providing an

13         effective date.

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

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17         Section 1.  Section 940.03, Florida Statutes, is

18  amended to read:

19         940.03  Application for executive clemency.--

20         (1)  When any person intends to apply for remission of

21  any fine or forfeiture or the commutation of any punishment,

22  or for pardon or restoration of civil rights, he or she shall

23  request an application form from the Parole Commission in

24  compliance with such rules regarding application for executive

25  clemency as are adopted by the Governor with the approval of

26  three members of the Cabinet. Such application may require the

27  submission of a certified copy of the applicant's indictment

28  or information, the judgment adjudicating the applicant to be

29  guilty, and the sentence, if sentence has been imposed, and

30  may also require the applicant to send a copy of the

31  application to the judge and prosecuting attorney of the court

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






    Florida Senate - 2002                                  SB 2514
    13-1608-02




  1  in which the applicant was convicted, notifying them of the

  2  applicant's intent to apply for executive clemency. An

  3  application for executive clemency for a person who is

  4  sentenced to death must be filed within 1 year after the date

  5  the Supreme Court issues a mandate on a direct appeal or the

  6  United States Supreme Court denies a petition for certiorari,

  7  whichever is later.

  8         (2)  If the Parole Commission conducts a hearing on an

  9  application for executive clemency, the person applying for

10  executive clemency shall be assessed a fee by the Parole

11  Commission, which may not exceed the actual cost of conducting

12  the hearing.

13         Section 2.  Subsection (8) is added to section 947.23,

14  Florida Statutes, to read:

15         947.23  Action of commission upon arrest of parolee.--

16         (8)  If a parole is revoked by the commission, the

17  accused shall be charged for the costs of investigating and

18  prosecuting the violations of the terms and conditions of

19  parole which resulted in the revocation of parole.

20         Section 3.  This act shall take effect July 1, 2002.

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23                          SENATE SUMMARY

24    Requires that a person who applies for executive clemency
      pay a fee if the Parole Commission conducts a hearing on
25    the application. Provides a limitation on the amount of
      the fee. Requires a parolee whose parole is revoked to
26    pay the costs of investigating and prosecuting the
      violation of parole.
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CODING: Words stricken are deletions; words underlined are additions.