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The Committee on Criminal Justice (Wilson) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 14 and 15,

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insert:

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     Section 1. Short title.--This act may be cited as the

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"Restoration of Civil Rights Act."

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     Section 2. Legislative findings and purpose.--

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     (1) LEGISLATIVE FINDINGS.--The Legislature finds that:

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     (a) The exercise of civil rights is a fundamental aspect

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of citizenship. Among many things, restoring civil rights allows

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people with felony convictions to participate in public service,

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serve on juries, and pursue a chosen occupation.

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     (b) Restoring civil rights helps people who have completed

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their felony sentences to reintegrate into society. An

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opportunity to fully participate in society reinforces their

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ties to the community and may help to prevent recidivism.

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     (c) Under current law, all persons convicted of felonies

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permanently lose many civil rights unless they receive

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discretionary executive clemency.

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     (d) The restoration of civil rights through the clemency

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process is cumbersome, costly, and lengthy for applicants, and

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imposes administrative burdens on the state and economic burdens

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on the taxpayers. Automatic restoration of civil rights will

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advance administrative efficiency, fiscal responsibility,

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fairness, and democracy.

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     (2) PURPOSE.--The purposes of this act are to strengthen

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democratic institutions by enabling people who have completed

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their felony sentences to become productive members of society

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and to make civil rights restoration automatic upon completion

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of sentence.

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     Section 3.  Section 944.294, Florida Statutes, is created

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to read:

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     944.294 Restoration of civil rights.--

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     (1) A person who has been convicted of a felony, other

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than those set forth in subsection (3), shall have his or her

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civil rights that are lost as a consequence of a conviction of

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the felony automatically restored upon completion of such

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person's sentence. This section applies retroactively to all

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persons who are eligible for the restoration of civil rights,

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regardless of whether such persons were convicted or discharged

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from sentence before the effective date of this act. However,

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this section does not apply to the restoration of a person's

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right to own, possess, or use firearms.

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     (2) For purposes of this section, "completion of sentence"

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occurs when a person is released from incarceration upon

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expiration of his or her sentence and has satisfied all other

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nonmonetary terms and conditions of the sentence or subsequent

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supervision. If the person was not incarcerated for the felony

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offense, "completion of sentence" occurs when he or she has

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satisfied all nonmonetary terms and conditions of supervision

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imposed on him or her.

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     (3) A person convicted of treason or whose impeachment has

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resulted in conviction, as referred to in s. 8, Art. IV of the

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State Constitution, is ineligible for restoration of civil

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rights under this section.

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     (4) A court shall, before accepting a plea of guilty or

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nolo contendere to a felony charge or, if a trial is held,

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before imposing sentence for a felony, notify the defendant that

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conviction will result in loss of civil rights until the

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defendant completes his or her sentence and that civil rights

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will automatically be restored thereafter, except for the right

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to own, possess, or use firearms.

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     (5) The Secretary of State shall develop and implement a

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program to educate attorneys, judges, election officials,

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corrections officials, including parole and probation officers,

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and members of the public about the requirements of this section

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and ensure that:

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     (a) Judges are informed of their obligation to notify

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criminal defendants of the potential loss and automatic

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restoration of their civil rights as required by subsection (4).

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     (b) Accurate and complete information about the civil

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rights of people who have been charged with or convicted of

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crimes, whether disenfranchising or not, is made available

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through a single publication to government officials and the

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public.

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     Section 4.  Subsection (1) of section 944.292, Florida

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Statutes, is amended to read:

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     944.292  Suspension of civil rights.--

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     (1)  Upon conviction of a felony as defined in s. 10, Art.

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X of the State Constitution, the civil rights of the person

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convicted shall be suspended in Florida until such rights are

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restored by a full pardon, conditional pardon, or restoration of

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civil rights granted pursuant to s. 8, Art. IV of the State

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Constitution, or by automatic restoration of civil rights

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pursuant to s. 944.294.

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     Section 5.  Section 944.293, Florida Statutes, is amended

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to read:

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     944.293  Initiation of restoration of civil rights.--With

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respect to those persons convicted of a felony, the following

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procedure shall apply: Prior to the time a person convicted of a

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felony an offender is discharged from the custody, control, or

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supervision of the department, an authorized agent of the

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department shall inform the person that his or her civil rights

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shall be automatically restored without any further action by

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such person or the state and immediately upon discharge and

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satisfaction of all nonmonetary terms and conditions of

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supervision obtain from the Governor the necessary application

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and other forms required for the restoration of civil rights.

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The authorized agent shall assist the offender in completing

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these forms and shall ensure that the application and all

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necessary material are forwarded to the Governor before the

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offender is discharged from supervision.

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     Section 6.  Present paragraph (g) of subsection (2) of

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section 944.705, Florida Statutes, is redesignated as paragraph

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(h), and a new paragraph (g) is added to that subsection, to

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read:

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     944.705  Release orientation program.--

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     (2)  The release orientation program instruction must

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include, but is not limited to:

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     (g) Restoration of civil rights.

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     Section 7.  Paragraph (b) of subsection (2) of section

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97.041, Florida Statutes, is amended to read:

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     97.041  Qualifications to register or vote.--

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     (2)  The following persons, who might be otherwise

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qualified, are not entitled to register or vote:

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     (b)  A person who has been convicted of any felony by any

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court of record; such a person's right to register or vote is

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automatically restored by operation of law immediately after

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completion of his or her sentence. For the purposes of this

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paragraph, "completion of sentence" occurs when a person is

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released from incarceration upon expiration of his or her

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sentence and has satisfied all other nonmonetary terms and

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conditions of the sentence or subsequent supervision. If the

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person was not incarcerated for the felony offense, "completion

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of sentence" occurs when he or she has satisfied all nonmonetary

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terms and conditions of supervision imposed on him or her and

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who has not had his or her right to vote restored pursuant to

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law.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 2

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and insert:

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An acting relating to criminal justice; providing a short

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title; providing legislative findings and a purpose;

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creating s. 944.294, F.S.; providing that a person's civil

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rights are automatically restored under certain

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circumstances except for the right to own, possess, or use

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a firearm; providing for retroactivity; defining the term

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"completion of sentence"; providing an exception;

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requiring the Secretary of State to develop and implement

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a program to educate certain persons and the public

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regarding the restoration of civil rights; amending ss.

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944.292, 944.293, 944.705, and 97.041, F.S.; conforming

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provisions to changes made by the act;

3/14/2008  4:55:00 PM     591-04677-08