HB 1653

1
A bill to be entitled
2An act relating to the restoration of civil rights of
3persons exonerated of felony convictions; amending s.
4940.05, F.S.; providing automatic restoration of the civil
5rights of a person convicted of a felony who is
6subsequently exonerated of the offense; amending s.
797.041, F.S., relating to qualifications to register or
8vote, s. 499.012, F.S., relating to the wholesale
9distribution of prescription drugs, s. 499.067, F.S.,
10relating to denial, suspension, or revocation of a permit,
11certification, or registration to deal in prescription
12drugs, s. 499.64, F.S., relating to issuance of licenses
13and permits to deal in prescription drugs, s. 944.292,
14F.S., relating to suspension of civil rights, and s.
15944.293, F.S., relating to initiation of restoration of
16civil rights, to conform; providing a contingent effective
17date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 940.05, Florida Statutes, is amended to
22read:
23     940.05  Restoration of civil rights.--
24     (1)  The civil rights of a person who has been convicted of
25one or more felonies are automatically restored by operation of
26law if the person is subsequently exonerated of the conviction
27or convictions, whether as the result of a postsentence DNA test
28or for any other reason.
29     (2)  Any other person who has been convicted of a felony
30may be entitled to the restoration of all the rights of
31citizenship enjoyed by him or her prior to conviction if the
32person has:
33     (a)(1)  Received a full pardon from the board of pardons;
34     (b)(2)  Served the maximum term of the sentence imposed
35upon him or her; or
36     (c)(3)  Been granted his or her final release by the Parole
37Commission.
38     Section 2.  Paragraph (b) of subsection (2) of section
3997.041, Florida Statutes, is amended to read:
40     97.041  Qualifications to register or vote.--
41     (2)  The following persons, who might be otherwise
42qualified, are not entitled to register or vote:
43     (b)  A person who has been convicted of any felony by any
44court of record and who:
45     1.  Has not had his or her civil rights restored as a
46matter of law under s. 940.05; or
47     2.  Has not had his or her right to vote restored pursuant
48to law.
49     Section 3.  Paragraph (n) of subsection (5) of section
50499.012, Florida Statutes, is amended to read:
51     499.012  Wholesale distribution; definitions; permits;
52applications; general requirements.--
53     (5)  The department may deny an application for a permit or
54refuse to renew a permit for a prescription drug wholesaler or
55an out-of-state prescription drug wholesaler if:
56     (n)  The applicant or any affiliated party receives,
57directly or indirectly, financial support and assistance from a
58person who has been found guilty of any violation of ss.
59499.001-499.081 or chapter 465, chapter 501, or chapter 893, any
60rules adopted under any of those sections or chapters, any
61federal or state drug law, or any felony where the underlying
62facts related to drugs, regardless of whether the person has
63been pardoned, had her or his civil rights restored, or had
64adjudication withheld, other than through the ownership of stock
65in a publicly traded company or a mutual fund. However, this
66paragraph does not apply to a person whose civil rights have
67been restored by operation of law under s. 940.05.
68     Section 4.  Subsection (5) of section 499.067, Florida
69Statutes, is amended to read:
70     499.067  Denial, suspension, or revocation of permit,
71certification, or registration.--
72     (5)  The department may deny, suspend, or revoke a permit
73issued under ss. 499.001-499.081 which authorizes the permittee
74to purchase prescription drugs, if any owner, officer, employee,
75or other person who participates in administering or operating
76the establishment has been found guilty of any violation of ss.
77499.001-499.081 or chapter 465, chapter 501, or chapter 893, any
78rules adopted under any of those sections or chapters, or any
79federal or state drug law, regardless of whether the person has
80been pardoned, had her or his civil rights restored, or had
81adjudication withheld. However, this subsection does not apply
82to a person whose civil rights have been restored by operation
83of law under s. 940.05.
84     Section 5.  Paragraphs (b) and (c) of subsection (3) of
85section 499.64, Florida Statutes, are amended to read:
86     499.64  Issuance of licenses and permits; prohibitions.--
87     (3)  No license or permit shall be issued, renewed, or
88allowed to remain in effect for any natural person, or for any
89corporation which has any corporate officer:
90     (b)  Who has been convicted of a felony under the
91prescription drug or controlled substance laws of this state or
92any other state or federal jurisdiction, regardless of whether
93he or she has been pardoned or had his or her civil rights
94restored. However, this paragraph does not apply to a person
95whose civil rights have been restored by operation of law under
96s. 940.05.
97     (c)  Who has been convicted of any felony other than a
98felony under the prescription drug or controlled substance laws
99of this state or any other state or federal jurisdiction and has
100not been pardoned or had his or her civil rights restored.
101However, this paragraph does not apply to a person whose civil
102rights have been restored by operation of law under s. 940.05.
103     Section 6.  Subsection (1) of section 944.292, Florida
104Statutes, is amended to read:
105     944.292  Suspension of civil rights.--
106     (1)  Upon conviction of a felony as defined in s. 10, Art.
107X of the State Constitution, the civil rights of the person
108convicted shall be suspended in Florida until such rights are
109restored by operation of law under s. 940.05 or by a full
110pardon, conditional pardon, or restoration of civil rights
111granted pursuant to s. 8, Art. IV of the State Constitution.
112     Section 7.  Section 944.293, Florida Statutes, is amended
113to read:
114     944.293  Initiation of restoration of civil rights.--With
115respect to those persons convicted of a felony, the following
116procedure shall apply:  Prior to the time an offender, other
117than a person whose civil rights are restored as a matter of law
118under s. 940.05, is discharged from supervision, an authorized
119agent of the department shall obtain from the Governor the
120necessary application and other forms required for the
121restoration of civil rights. The authorized agent shall assist
122the offender in completing these forms and shall ensure that the
123application and all necessary material are forwarded to the
124Governor before the offender is discharged from supervision.
125     Section 8.  This act shall take effect upon the effective
126date of House Joint Resolution No. _____ or substantially
127similar legislation adopted during the Regular Session or a
128special session of the Legislature in 2005.


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