| 1 | A bill to be entitled |
| 2 | An act relating to pardons; creating the "Rosa Parks Act"; |
| 3 | creating s. 940.035, F.S.; authorizing the Board of |
| 4 | Executive Clemency to grant a full pardon to a person |
| 5 | convicted of protesting or challenging a state law or |
| 6 | municipal ordinance the purpose of which was to maintain |
| 7 | racial segregation or racial discrimination of |
| 8 | individuals; providing application procedures; requiring |
| 9 | the Parole Commission to notify the state attorney of the |
| 10 | circuit where the violation occurred within a specified |
| 11 | time; requiring that the pardon be granted unless the |
| 12 | state attorney files an objection with the commission on |
| 13 | the grounds that the conviction did not result from a |
| 14 | violation of a law or ordinance the purpose of which was |
| 15 | to maintain racial segregation or racial discrimination of |
| 16 | individuals; requiring a hearing if the state attorney |
| 17 | files an objection; providing that a person who receives a |
| 18 | full pardon under the act is not required to disclose the |
| 19 | fact of the conviction or any record or matter relating to |
| 20 | the conviction; amending s. 940.05, F.S.; providing that a |
| 21 | person convicted of protesting or challenging laws or |
| 22 | ordinances the purpose of which was to maintain racial |
| 23 | segregation or racial discrimination of individuals is |
| 24 | entitled to the restoration of all rights of citizenship |
| 25 | enjoyed by the person before the conviction if the person |
| 26 | has received a full pardon from the Board of Executive |
| 27 | Clemency; providing an effective date. |
| 28 |
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| 29 | Be It Enacted by the Legislature of the State of Florida: |
| 30 |
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| 31 | Section 1. This act may be cited as the "Rosa Parks Act." |
| 32 | Section 2. Section 940.035, Florida Statutes, is created |
| 33 | to read: |
| 34 | 940.035 Pardons for convictions under segregationist laws |
| 35 | or ordinances.-- |
| 36 | (1)(a) Upon application to the Parole Commission, the |
| 37 | Board of Executive Clemency may grant a full pardon to any |
| 38 | person convicted of protesting or challenging a state law or |
| 39 | municipal ordinance the purpose of which was to maintain racial |
| 40 | segregation or racial discrimination of individuals. If the |
| 41 | convicted person is deceased, an application may be filed by a |
| 42 | person who can show legal authority to act on behalf of the |
| 43 | deceased person. |
| 44 | (b) The Parole Commission shall notify the state attorney |
| 45 | of the circuit where the violation occurred no later than 30 |
| 46 | days after the date the application for a pardon is filed with |
| 47 | the commission. The Board of Executive Clemency shall grant the |
| 48 | pardon within 60 days after the application is filed unless the |
| 49 | state attorney files an objection with the commission on the |
| 50 | grounds that the conviction did not result from a violation of a |
| 51 | law or ordinance the purpose of which was to maintain racial |
| 52 | segregation or racial discrimination of individuals. |
| 53 | (c) If the state attorney objects, a hearing shall be |
| 54 | scheduled within 60 days after the filed objection. The state |
| 55 | attorney shall provide notice of the hearing to all interested |
| 56 | parties. |
| 57 | (2) Notwithstanding subsection (1), the Board of Executive |
| 58 | Clemency shall grant a pardon to a convicted person who files a |
| 59 | sworn affidavit with the board stating that he or she was |
| 60 | convicted of protesting or challenging a state law or municipal |
| 61 | ordinance the purpose of which was to maintain racial |
| 62 | segregation or racial discrimination of individuals. If the |
| 63 | information in the affidavit is later found to be false, the |
| 64 | pardon is void. |
| 65 | (3) A person who has received a full pardon under this |
| 66 | section is not required to disclose the fact of the conviction |
| 67 | or any record or matter relating to the conviction. |
| 68 | Section 3. Section 940.05, Florida Statutes, is amended to |
| 69 | read: |
| 70 | 940.05 Restoration of civil rights.-- |
| 71 | (1) Any person who has been convicted of a felony may be |
| 72 | entitled to the restoration of all the rights of citizenship |
| 73 | enjoyed by him or her prior to conviction if the person has: |
| 74 | (a)(1) Received a full pardon from the board of pardons; |
| 75 | (b)(2) Served the maximum term of the sentence imposed |
| 76 | upon him or her; or |
| 77 | (c)(3) Been granted his or her final release by the Parole |
| 78 | Commission. |
| 79 | (2) Any person who has been convicted of protesting or |
| 80 | challenging a state law or municipal ordinance the purpose of |
| 81 | which was to maintain racial segregation or racial |
| 82 | discrimination of individuals is entitled to the restoration of |
| 83 | all rights of citizenship enjoyed by the person before the |
| 84 | conviction if the person has received a full pardon from the |
| 85 | Board of Executive Clemency. |
| 86 | Section 4. This act shall take effect upon becoming a law. |