Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 1332 Ì611208ÃÎ611208 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/22/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Perry) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 59 - 132 4 and insert: 5 (c) “Prescreening review” means the initial review to 6 determine eligibility which is conducted by the commission upon 7 receipt of an application for restoration of civil rights. 8 (d) “Priority application” means an application for the 9 restoration of civil rights submitted by an applicant who has 10 never been convicted of a violent felony offense. 11 (e) “Violent felony offense” means the commission of, an 12 attempt to commit, or a conspiracy to commit any of the 13 following: 14 1. Leaving the scene of a crash involving death or serious 15 bodily injury in violation of s. 316.027; 16 2. Driving under the influence resulting in death or 17 serious bodily injury in violation of s. 316.193; 18 3. An offense enumerated in s. 775.084(1)(d), excluding 19 burglary as defined in s. 810.02(4); 20 4. Failure to register as a sexual predator in violation of 21 s. 775.21 or as a sexual offender in violation of s. 943.0435; 22 5. Facilitating or furthering terrorism in violation of s. 23 775.31. 24 6. False imprisonment in violation of s. 787.02; 25 7. Abuse, aggravated abuse, and neglect of an elderly 26 person or disabled adult in violation of s. 825.102; 27 8. An offense in violation of chapter 847; 28 9. Poisoning of food or water in violation of s. 859.01; 29 10. Abuse of a dead human body in violation of s. 872.06; 30 11. A first or second degree felony in violation of chapter 31 893; or 32 12. An offense which requires a person to register as a 33 sexual offender in accordance with s. 943.0435. 34 (2)(a) An application that has been submitted before July 35 1, 2018, which qualifies as a priority application pursuant to 36 this section must be processed and the investigation completed 37 before an application that: 38 1. Is submitted on or after July 1, 2018, which qualifies 39 as a priority application; or 40 2. Does not qualify as a priority application, regardless 41 of the submission date. 42 (b) An investigation for a priority application that is 43 submitted before July 1, 2018, must be completed by July 1, 44 2022. 45 (c) An investigation for a priority application that is 46 submitted on or after July 1, 2018, but before July 1, 2021, 47 must be completed by July 1, 2023. 48 (d) An investigation for a priority application that is 49 submitted on or after July 1, 2021, but before July 1, 2023, 50 must be completed by July 1, 2024. 51 (e) Beginning July 1, 2023, the commission shall complete 52 the investigation for a priority application within 1 year after 53 the submission of the application. 54 (3)(a) The applicant shall keep the commission informed of 55 his or her correct address, including his or her e-mail address, 56 throughout the clemency process. 57 (b)1. The commission shall provide annual written 58 notification to the applicant on the status of the application 59 review process. Notification may be made by e-mail if such 60 address is provided by the applicant. 61 2. The written notification must include the number of 62 applications which are pending and which will be handled before 63 the applicant’s application will begin being reviewed. 64 (c) The commission shall notify an applicant within 30 days 65 after completion of the prescreening review of any incomplete 66 portions of the application or any facts that are determined in 67 the prescreening review to deem the applicant ineligible for 68 restoration of civil rights. An applicant shall be given 45 days 69 to remedy any incomplete portions or discrepancies of the 70 application. 71 (4) The confidential case analysis report prepared by the 72 commission shall be submitted to the applicant immediately upon 73 completion, which must be no less than 45 days before the 74 commission is scheduled to submit the report to the Board of 75 Executive Clemency. An applicant shall be given 45 days to 76 dispute and remedy any discrepancies in the confidential case 77 analysis report before the commission submits the report to the 78 Board of Executive Clemency. 79 (5) If a member of the Senate or the House of 80 Representatives submits any written request to the commission 81 regarding the status of an application on behalf of his or her 82 constituent, the commission must provide such information, 83 including, but not limited to, whether submission of the 84 application at issue is deemed complete or incomplete, how many 85 applications are pending before the application at issue, 86 whether the application at issue has been assigned to an 87 investigator, and whether the investigative process has been 88 initiated. 89 90 ================= T I T L E A M E N D M E N T ================ 91 And the title is amended as follows: 92 Delete lines 10 - 38 93 and insert: 94 requiring the applicant to keep the Florida Commission 95 on Offender Review informed of his or her correct 96 address, including his or her e-mail address, 97 throughout the clemency process; requiring the 98 commission to provide annual written notification to 99 the applicant on the status of the application review 100 process; providing requirements for such notification; 101 requiring the commission to notify an applicant within 102 a specified period of time of any incomplete portions 103 of the application or any facts that are determined in 104 the prescreening review to deem the applicant 105 ineligible for restoration of civil rights; requiring 106 an applicant to be given a specified period of time to 107 remedy any incomplete portions or discrepancies of the 108 application; requiring a confidential case analysis 109 report prepared by the commission to be submitted to 110 the applicant immediately upon completion, subject to 111 certain requirements; requiring an applicant to be 112 given a specified period of time to dispute and remedy 113 any discrepancies in the confidential case analysis 114 report; requiring the