1 | A bill to be entitled |
2 | An act relating to the restoration of civil rights of |
3 | persons exonerated of felony convictions; amending s. |
4 | 940.05, F.S.; providing automatic restoration of the civil |
5 | rights of a person convicted of a felony who is |
6 | subsequently exonerated of the offense; amending s. |
7 | 97.041, F.S., relating to qualifications to register or |
8 | vote, s. 499.012, F.S., relating to the wholesale |
9 | distribution of prescription drugs, s. 499.067, F.S., |
10 | relating to denial, suspension, or revocation of a permit, |
11 | certification, or registration to deal in prescription |
12 | drugs, s. 499.64, F.S., relating to issuance of licenses |
13 | and permits to deal in prescription drugs, s. 944.292, |
14 | F.S., relating to suspension of civil rights, and s. |
15 | 944.293, F.S., relating to initiation of restoration of |
16 | civil rights, to conform; providing a contingent effective |
17 | date. |
18 |
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19 | Be It Enacted by the Legislature of the State of Florida: |
20 |
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21 | Section 1. Section 940.05, Florida Statutes, is amended to |
22 | read: |
23 | 940.05 Restoration of civil rights.-- |
24 | (1) The civil rights of a person who has been convicted of |
25 | one or more felonies are automatically restored by operation of |
26 | law if the person is subsequently exonerated of the conviction |
27 | or convictions, whether as the result of a postsentence DNA test |
28 | or for any other reason. |
29 | (2) Any other person who has been convicted of a felony |
30 | may be entitled to the restoration of all the rights of |
31 | citizenship enjoyed by him or her prior to conviction if the |
32 | person has: |
33 | (a)(1) Received a full pardon from the board of pardons; |
34 | (b)(2) Served the maximum term of the sentence imposed |
35 | upon him or her; or |
36 | (c)(3) Been granted his or her final release by the Parole |
37 | Commission. |
38 | Section 2. Paragraph (b) of subsection (2) of section |
39 | 97.041, Florida Statutes, is amended to read: |
40 | 97.041 Qualifications to register or vote.-- |
41 | (2) The following persons, who might be otherwise |
42 | qualified, are not entitled to register or vote: |
43 | (b) A person who has been convicted of any felony by any |
44 | court of record and who: |
45 | 1. Has not had his or her civil rights restored as a |
46 | matter of law under s. 940.05; or |
47 | 2. Has not had his or her right to vote restored pursuant |
48 | to law. |
49 | Section 3. Paragraph (n) of subsection (5) of section |
50 | 499.012, Florida Statutes, is amended to read: |
51 | 499.012 Wholesale distribution; definitions; permits; |
52 | applications; general requirements.-- |
53 | (5) The department may deny an application for a permit or |
54 | refuse to renew a permit for a prescription drug wholesaler or |
55 | an out-of-state prescription drug wholesaler if: |
56 | (n) The applicant or any affiliated party receives, |
57 | directly or indirectly, financial support and assistance from a |
58 | person who has been found guilty of any violation of ss. |
59 | 499.001-499.081 or chapter 465, chapter 501, or chapter 893, any |
60 | rules adopted under any of those sections or chapters, any |
61 | federal or state drug law, or any felony where the underlying |
62 | facts related to drugs, regardless of whether the person has |
63 | been pardoned, had her or his civil rights restored, or had |
64 | adjudication withheld, other than through the ownership of stock |
65 | in a publicly traded company or a mutual fund. However, this |
66 | paragraph does not apply to a person whose civil rights have |
67 | been restored by operation of law under s. 940.05. |
68 | Section 4. Subsection (5) of section 499.067, Florida |
69 | Statutes, is amended to read: |
70 | 499.067 Denial, suspension, or revocation of permit, |
71 | certification, or registration.-- |
72 | (5) The department may deny, suspend, or revoke a permit |
73 | issued under ss. 499.001-499.081 which authorizes the permittee |
74 | to purchase prescription drugs, if any owner, officer, employee, |
75 | or other person who participates in administering or operating |
76 | the establishment has been found guilty of any violation of ss. |
77 | 499.001-499.081 or chapter 465, chapter 501, or chapter 893, any |
78 | rules adopted under any of those sections or chapters, or any |
79 | federal or state drug law, regardless of whether the person has |
80 | been pardoned, had her or his civil rights restored, or had |
81 | adjudication withheld. However, this subsection does not apply |
82 | to a person whose civil rights have been restored by operation |
83 | of law under s. 940.05. |
84 | Section 5. Paragraphs (b) and (c) of subsection (3) of |
85 | section 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 |
88 | allowed to remain in effect for any natural person, or for any |
89 | corporation which has any corporate officer: |
90 | (b) Who has been convicted of a felony under the |
91 | prescription drug or controlled substance laws of this state or |
92 | any other state or federal jurisdiction, regardless of whether |
93 | he or she has been pardoned or had his or her civil rights |
94 | restored. However, this paragraph does not apply to a person |
95 | whose civil rights have been restored by operation of law under |
96 | s. 940.05. |
97 | (c) Who has been convicted of any felony other than a |
98 | felony under the prescription drug or controlled substance laws |
99 | of this state or any other state or federal jurisdiction and has |
100 | not been pardoned or had his or her civil rights restored. |
101 | However, this paragraph does not apply to a person whose civil |
102 | rights have been restored by operation of law under s. 940.05. |
103 | Section 6. Subsection (1) of section 944.292, Florida |
104 | Statutes, is amended to read: |
105 | 944.292 Suspension of civil rights.-- |
106 | (1) Upon conviction of a felony as defined in s. 10, Art. |
107 | X of the State Constitution, the civil rights of the person |
108 | convicted shall be suspended in Florida until such rights are |
109 | restored by operation of law under s. 940.05 or by a full |
110 | pardon, conditional pardon, or restoration of civil rights |
111 | granted pursuant to s. 8, Art. IV of the State Constitution. |
112 | Section 7. Section 944.293, Florida Statutes, is amended |
113 | to read: |
114 | 944.293 Initiation of restoration of civil rights.--With |
115 | respect to those persons convicted of a felony, the following |
116 | procedure shall apply: Prior to the time an offender, other |
117 | than a person whose civil rights are restored as a matter of law |
118 | under s. 940.05, is discharged from supervision, an authorized |
119 | agent of the department shall obtain from the Governor the |
120 | necessary application and other forms required for the |
121 | restoration of civil rights. The authorized agent shall assist |
122 | the offender in completing these forms and shall ensure that the |
123 | application and all necessary material are forwarded to the |
124 | Governor before the offender is discharged from supervision. |
125 | Section 8. This act shall take effect upon the effective |
126 | date of House Joint Resolution No. _____ or substantially |
127 | similar legislation adopted during the Regular Session or a |
128 | special session of the Legislature in 2005. |