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A bill to be entitled

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An act relating to pardons; creating the "Rosa Parks Act";

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creating s. 940.035, F.S.; encouraging the Board of

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Executive Clemency to grant a full pardon to a person

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convicted of protesting or challenging a state law or

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local government ordinance the purpose of which was to

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maintain racial segregation of or racial discrimination

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against individuals; providing application procedures;

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requiring the Parole Commission to notify the state

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attorney of the circuit where the violation occurred;

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requiring that the pardon be granted unless the state

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attorney files an objection with the commission on the

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grounds that the conviction did not result from a

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violation of a law or ordinance the purpose of which was

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to maintain racial segregation of or racial discrimination

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against individuals; requiring a hearing if the state

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attorney files an objection; providing that a person who

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receives a full pardon under the act is not required to

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disclose the fact of the conviction or any record or

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matter relating to the conviction; amending s. 940.05,

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F.S.; providing that a person convicted of protesting or

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challenging laws or ordinances the purpose of which was to

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maintain racial segregation of or racial discrimination

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against individuals is entitled to the restoration of all

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rights of citizenship enjoyed by the person before the

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conviction if the person has received a full pardon from

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the Board of Executive Clemency; providing an effective

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date.

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

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     Section 1. This act may be cited as the "Rosa Parks Act."

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     Section 2.  Section 940.035, Florida Statutes, is created to

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read:

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     940.035 Pardons for convictions under segregationist laws

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or ordinances.--

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     (1)(a) Upon application to the Parole Commission, the Board

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of Executive Clemency should strongly consider granting a full

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pardon to any person convicted of protesting or challenging a

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state law or local government ordinance the purpose of which was

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to maintain racial segregation of or racial discrimination

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against individuals. If the convicted person is deceased, an

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application may be filed by a person who can show legal authority

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to act on behalf of the deceased person.

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     (b) The Parole Commission shall notify the state attorney

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of the circuit where the violation occurred after the date the

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application for a pardon is filed with the commission. The Board

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of Executive Clemency should strongly consider granting a full

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pardon unless the state attorney files an objection with the

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commission on the grounds that the conviction did not result from

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a violation of a law or local government ordinance the purpose of

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which was to maintain racial segregation of or racial

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discrimination against individuals.

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     (c) If the state attorney objects, a hearing shall be held

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at the next scheduled meeting of the Board of Executive Clemency

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after the objection is filed. The Parole Commission shall provide

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notice of the hearing to all interested parties.

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     (2) Notwithstanding subsection (1), the Board of Executive

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Clemency is strongly encouraged to grant a pardon to a convicted

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person who files a sworn affidavit with the board stating that he

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or she was convicted of protesting or challenging a state law or

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local government ordinance the purpose of which was to maintain

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racial segregation of or racial discrimination against

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individuals. If the information in the affidavit is later found

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to be false, or if the violation of law by the applicant had no

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direct relationship to or no purpose whatsoever in protesting or

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challenging a state law or local government ordinance the purpose

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of which was to maintain racial segregation of or racial

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discrimination against individuals, the board may void the

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pardon.

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     (3) A person who has received a full pardon under this

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section is not required to disclose the fact of the conviction or

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any record or matter relating to the conviction.

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     Section 3.  Section 940.05, Florida Statutes, is amended to

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read:

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     940.05  Restoration of civil rights.--Any person who has

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been convicted of a felony may be entitled to the restoration of

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all the rights of citizenship enjoyed by him or her prior to

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conviction if the person has:

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     (1)  Received a full pardon from the board of pardons;

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     (2)  Served the maximum term of the sentence imposed upon

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him or her; or

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     (3)  Been granted his or her final release by the Parole

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Commission; or.

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     (4) Been convicted of protesting or challenging a state law

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or local government ordinance the purpose of which was to

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maintain racial segregation of or racial discrimination against

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individuals. Such person is entitled to the restoration of all

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rights of citizenship enjoyed by the person before the conviction

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if the person has received a full pardon from the Board of

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Executive Clemency.

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     Section 4.  This act shall take effect upon becoming a law.