Senate Bill sb0836

    Florida Senate - 2007                                  SJR 836

    By Senator Wilson





    33-442A-07

  1                     Senate Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 8 of Article IV of the State

  4         Constitution, relating to restoration of civil

  5         rights, to authorize the Legislature to

  6         prescribe additional circumstances under which

  7         certain reprieves may be granted and civil

  8         rights restored.

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10  Be It Resolved by the Legislature of the State of Florida:

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12         That the following amendment to Section 8 of Article IV

13  of the State Constitution is agreed to and shall be submitted

14  to the electors of this state for approval or rejection at the

15  next general election or at an earlier special election

16  specifically authorized by law for that purpose:

17                            ARTICLE IV

18                            EXECUTIVE

19         SECTION 8.  Clemency.--

20         (a)  Except in cases of treason and in cases where

21  impeachment results in conviction, and except as otherwise

22  prescribed by law, the governor may, by executive order filed

23  with the custodian of state records, suspend collection of

24  fines and forfeitures, grant reprieves not exceeding sixty

25  days and, with the approval of two members of the cabinet,

26  grant full or conditional pardons, restore civil rights,

27  commute punishment, and remit fines and forfeitures for

28  offenses.

29         (b)  In cases of treason the governor may grant

30  reprieves until adjournment of the regular session of the

31  legislature convening next after the conviction, at which

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    Florida Senate - 2007                                  SJR 836
    33-442A-07




 1  session the legislature may grant a pardon or further

 2  reprieve; otherwise the sentence shall be executed.

 3         (c)  There may be created by law a parole and probation

 4  commission with power to supervise persons on probation and to

 5  grant paroles or conditional releases to persons under

 6  sentences for crime.  The qualifications, method of selection

 7  and terms, not to exceed six years, of members of the

 8  commission shall be prescribed by law.

 9         BE IT FURTHER RESOLVED that the following statement be

10  placed on the ballot:

11                     CONSTITUTIONAL AMENDMENT

12                      ARTICLE IV, SECTION 8

13         RESTORATION OF CIVIL RIGHTS.--Proposing an amendment to

14  the State Constitution authorizing the Legislature to provide

15  the conditions under which fines and forfeitures may be

16  suspended or remitted, reprieves may be granted, civil rights

17  may be restored, and punishments may be commuted.

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