Florida Senate - 2008 (Reformatted) SB 246
By Senator Wilson
33-00065A-08 2008246__
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A bill to be entitled
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An act relating to restoration of civil rights; providing
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a short title; providing findings and purpose; creating s.
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944.294, F.S.; providing for automatic restoration of a
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former felon's civil rights following completion of his or
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her sentence of incarceration and community supervision;
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providing that the restoration of civil rights does not
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apply to the right to own, possess, or use firearms;
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providing conditions for and exemptions from automatic
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restoration; providing for education concerning the civil
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rights of people who have felony convictions; amending ss.
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applicability; providing a contingent effective date.
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Be It Enacted by the Legislature of the State of Florida:
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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. Findings and purpose.--
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(1) FINDINGS.--The Legislature finds that:
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(a) The exercise of civil rights is a fundamental aspect of
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citizenship. Among many things, restoring civil rights allows
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former felons to participate in public service, serve on juries,
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and pursue a chosen occupation.
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(b) Restoring civil rights helps felons who have completed
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their sentences to reintegrate into society. Their opportunity to
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fully participate in society reinforces their ties to the
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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 and costly and produces long delays. The
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clemency process imposes administrative burdens on the state and
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economic burdens on state taxpayers, and it should be reserved
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for extraordinary cases. Streamlining the restoration process for
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the majority of former offenders will advance administrative
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efficiency, fiscal responsibility, 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 felons who have completed
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their sentences to become productive members of society, and to
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streamline procedures for restoring civil rights.
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Section 3. Section 944.294, Florida Statutes, is created to
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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 than
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those set forth in subsection (3), shall have those civil rights
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that are lost as a consequence of a conviction of that felony
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restored upon completion of his or her sentence. However, this
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section does not apply to restoration of the right to own,
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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 completed all other
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terms and conditions of the sentence or subsequent supervision
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or, if the person has not been incarcerated for the felony
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offense, has completed all terms and conditions of supervision
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imposed on him or her.
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(3)(a) A person convicted of a crime defined by any of the
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following statutes is ineligible for restoration of civil rights
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under this section:
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1. Section 782.04, relating to murder.
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2. Section 782.07(3), relating to aggravated manslaughter
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of a child.
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3. Section 794.011, relating to sexual battery.
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4. Section 796.03, relating to procuring a person under 18
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for prostitution.
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5. Section 796.035, relating to selling or buying minors
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into sex trafficking or prostitution.
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6. Section 826.04, relating to incest.
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7. Section 827.071, relating to sexual performance by a
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child.
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8. Section 847.0145, relating to selling or buying minors.
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(b) 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 rights
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under this section.
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(4) This section does not impair the ability of any person
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convicted of a felony to apply for executive clemency under s. 8,
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Art. IV of the State Constitution.
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(5) A court shall, before accepting a plea of guilty or
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nolo contendere to a felony without trial or, if a trial is held,
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before imposing sentence for a felony, notify the defendant as
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follows:
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(a) If the felony is described in subsection (3), that
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conviction will result in permanent loss of civil rights unless
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he or she receives executive clemency under s. 8, Art. IV of the
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State Constitution.
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(b) If the felony is not described in subsection (3), 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 be restored thereafter, except for the right to own,
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possess, or use firearms.
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(6) 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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ensuring 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 restoration of
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their civil rights as required by subsection (5).
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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. X
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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 restoration of civil rights pursuant to s.
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944.294.
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Section 5. Section 944.293, Florida Statutes, is amended to
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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 an offender who has
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committed an offense enumerated in s. 944.294(3) is discharged
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from the custody, control, or supervision of the department, an
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authorized agent of the department shall obtain from the Governor
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the necessary application and other forms required for the
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restoration of civil rights. The authorized agent shall assist
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the offender in completing these forms and shall ensure that the
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application and all necessary material are forwarded to the
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Governor before the 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. This act shall take effect on the effective date
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of Senate Joint Resolution ___ or another amendment to the State
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Constitution which authorizes, or removes impediments to,
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enactment of this act by the Legislature and shall apply
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retroactively to all persons who are eligible for the restoration
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of civil rights under its terms, regardless of whether they were
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convicted or discharged from sentence prior to its effective
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date.
CODING: Words stricken are deletions; words underlined are additions.