Florida Senate - 2008 (Reformatted) SJR 100

By Senator Wilson

33-00064-08 2008100__

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Senate Joint Resolution

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A joint resolution proposing an amendment to Section 8 of

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Article IV of the State Constitution, relating to

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restoration of civil rights, to authorize the Legislature

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to prescribe additional circumstances under which certain

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reprieves may be granted and civil rights restored.

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

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     That the following amendment to Section 8 of Article IV of

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

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electors of this state for approval or rejection at the next

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general election or at an earlier special election specifically

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authorized by law for that purpose:

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ARTICLE IV

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EXECUTIVE

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     SECTION 8.  Clemency.--

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

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impeachment results in conviction, and except as otherwise

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

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with the custodian of state records, suspend collection of fines

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and forfeitures, grant reprieves not exceeding sixty days and,

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with the approval of two members of the cabinet, grant full or

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conditional pardons, restore civil rights, commute punishment,

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and remit fines and forfeitures for offenses.

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

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until adjournment of the regular session of the legislature

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convening next after the conviction, at which session the

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legislature may grant a pardon or further reprieve; otherwise the

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sentence shall be executed.

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

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commission with power to supervise persons on probation and to

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grant paroles or conditional releases to persons under sentences

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for crime.  The qualifications, method of selection and terms,

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not to exceed six years, of members of the commission shall be

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prescribed by law.

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     BE IT FURTHER RESOLVED that the following statement be

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placed on the ballot:

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CONSTITUTIONAL AMENDMENT

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ARTICLE IV, SECTION 8

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

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State Constitution authorizing the Legislature to provide the

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conditions under which fines and forfeitures may be suspended or

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remitted, reprieves may be granted, civil rights may be restored,

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and punishments may be commuted.

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