Florida Senate - 2009                             CS for SJR 908
       
       
       
       By the Committee on Criminal Justice; and Senator Wilson
       
       
       
       
       591-04456-09                                           2009908c1
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 8
    3         of Article IV of the State Constitution, to authorize
    4         the Legislature to provide by law for clemency in
    5         certain circumstances.
    6  
    7  Be It Resolved by the Legislature of the State of Florida:
    8  
    9         That the following amendment to Section 8 of Article IV of
   10  the State Constitution is agreed to and shall be submitted to
   11  the electors of this state for approval or rejection at the next
   12  general election or at an earlier special election specifically
   13  authorized by law for that purpose:
   14                             ARTICLE IV                            
   15                              EXECUTIVE                            
   16         SECTION 8. Clemency.—
   17         (a) Except in cases of treason and in cases where
   18  impeachment results in conviction, the governor may, by
   19  executive order filed with the custodian of state records,
   20  suspend collection of fines and forfeitures, grant reprieves not
   21  exceeding sixty days and, with the approval of two members of
   22  the cabinet, grant full or conditional pardons, restore civil
   23  rights, commute punishment, and remit fines and forfeitures for
   24  offenses.
   25         (b) Except in cases of treason, the legislature may enact
   26  laws to suspend or remit fines and forfeitures, grant reprieves
   27  not exceeding sixty days, restore civil rights, and commute
   28  punishments.
   29         (c)(b) In cases of treason the governor may grant reprieves
   30  until adjournment of the regular session of the legislature
   31  convening next after the conviction, at which session the
   32  legislature may grant a pardon or further reprieve; otherwise
   33  the sentence shall be executed.
   34         (d)(c) There may be created by law a parole and probation
   35  commission with power to supervise persons on probation and to
   36  grant paroles or conditional releases to persons under sentences
   37  for crime. The qualifications, method of selection and terms,
   38  not to exceed six years, of members of the commission shall be
   39  prescribed by law.
   40         BE IT FURTHER RESOLVED that the following statement be
   41  placed on the ballot:
   42                      CONSTITUTIONAL AMENDMENT                     
   43                        ARTICLE IV, SECTION 8                      
   44         RESTORATION OF CIVIL RIGHTS.—This proposed amendment to the
   45  State Constitution authorizes the Legislature to enact laws to
   46  suspend or remit fines and forfeitures, grant reprieves not
   47  exceeding 60 days, restore civil rights, and commute
   48  punishments, except in cases of treason.