Florida Senate - 2018                                    SB 1332
       
       
        
       By Senator Perry
       
       
       
       
       
       8-01581-18                                            20181332__
    1                        A bill to be entitled                      
    2         An act relating to the restoration of civil rights;
    3         creating s. 947.131, F.S.; defining terms; requiring
    4         an application for the restoration of civil rights
    5         that has been submitted before a specified date which
    6         qualifies as a priority application to be processed
    7         and the investigation completed before certain other
    8         applications; specifying deadlines to complete
    9         investigations for certain priority applications;
   10         requiring the Department of Law Enforcement to conduct
   11         the portion of the investigation related to an
   12         applicant’s criminal history background screening
   13         under certain circumstances; requiring the criminal
   14         history background screening to provide specified
   15         information; requiring the applicant to keep the
   16         Florida Commission on Offender Review informed of his
   17         or her correct address, including his or her e-mail
   18         address, throughout the clemency process; requiring
   19         the commission to provide annual written notification
   20         to the applicant on the status of the application
   21         review process; providing requirements for such
   22         notification; requiring the commission to notify an
   23         applicant within a specified period of time of any
   24         incomplete portions of the application or any facts
   25         that are determined in the prescreening review to deem
   26         the applicant ineligible for restoration of civil
   27         rights; requiring an applicant to be given a specified
   28         period of time to remedy any incomplete portions or
   29         discrepancies of the application; requiring a
   30         confidential case analysis report prepared by the
   31         commission to be submitted to the applicant
   32         immediately upon completion, subject to certain
   33         requirements; requiring an applicant to be given a
   34         specified period of time to dispute and remedy any
   35         discrepancies in the confidential case analysis
   36         report; providing that records maintained by the
   37         commission related to a submitted application and such
   38         application’s status are public records; requiring the
   39         commission to provide information on the status of an
   40         application if a member of the Senate or the House of
   41         Representatives submits any written request to the
   42         commission for such information on behalf of the
   43         member’s constituent; providing rulemaking authority;
   44         providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Section 947.131, Florida Statutes, is created to
   49  read:
   50         947.131 Restoration of civil rights; investigations
   51  conducted by the commission.—
   52         (1)For purposes of this section, the term:
   53         (a) “Applicant” means a person applying to the commission
   54  for the restoration of his or her civil rights.
   55         (b) “Confidential case analysis report” means the final
   56  report prepared by the commission which details the findings of
   57  the restoration of civil rights investigation and the
   58  commission’s recommendation.
   59         (c) “Department” means the Department of Law Enforcement.
   60         (d) “Prescreening review” means the initial review to
   61  determine eligibility which is conducted by the commission upon
   62  receipt of an application for restoration of civil rights.
   63         (e) “Priority application” means an application for the
   64  restoration of civil rights submitted by an applicant who has
   65  never been convicted of a violent felony offense.
   66         (f) “Violent felony offense” means any offense under s.
   67  775.084(1)(d), excluding burglary as defined in s. 810.02(3)(b)
   68  or (4).
   69         (2)(a)An application that has been submitted before July
   70  1, 2018, which qualifies as a priority application pursuant to
   71  this section must be processed and the investigation completed
   72  before an application that:
   73         1. Is submitted on or after July 1, 2018, which qualifies
   74  as a priority application; or
   75         2. Does not qualify as a priority application, regardless
   76  of the submission date.
   77         (b) An investigation for a priority application that is
   78  submitted before July 1, 2018, must be completed by July 1,
   79  2022.
   80         (c) An investigation for a priority application that is
   81  submitted on or after July 1, 2018, but before July 1, 2021,
   82  must be completed by July 1, 2023.
   83         (d) An investigation for a priority application that is
   84  submitted on or after July 1, 2021, but before July 1, 2023,
   85  must be completed by July 1, 2024.
   86         (e) Beginning July 1, 2023, the commission shall complete
   87  the investigation for a priority application within 1 year after
   88  the submission of the application.
   89         (3)Contingent upon appropriations and agreement between
   90  the department and the commission, the department must conduct
   91  the portion of the investigation related to an applicant’s
   92  criminal history background screening. A criminal history
   93  background screening conducted by the department must provide
   94  information on any felony conviction, the criminal history
   95  record before and after the felony conviction that led to the
   96  applicant’s civil rights being removed, the traffic record, and
   97  any domestic violence injunction or other injunction filed
   98  against the applicant.
   99         (4)(a)The applicant shall keep the commission informed of
  100  his or her correct address, including his or her e-mail address,
  101  throughout the clemency process.
  102         (b)1. The commission shall provide annual written
  103  notification to the applicant on the status of the application
  104  review process. Notification may be made by e-mail if such
  105  address is provided by the applicant.
  106         2. The written notification must include the number of
  107  applications which are pending and which will be handled before
  108  the applicant’s application will begin being reviewed.
  109         (c) The commission shall notify an applicant within 30 days
  110  after completion of the prescreening review of any incomplete
  111  portions of the application or any facts that are determined in
  112  the prescreening review to deem the applicant ineligible for
  113  restoration of civil rights. An applicant shall be given 45 days
  114  to remedy any incomplete portions or discrepancies of the
  115  application.
  116         (5) The confidential case analysis report prepared by the
  117  commission shall be submitted to the applicant immediately upon
  118  completion, which must be no less than 45 days before the
  119  commission is scheduled to submit the report to the Board of
  120  Executive Clemency. An applicant shall be given 45 days to
  121  dispute and remedy any discrepancies in the confidential case
  122  analysis report before the commission submits the report to the
  123  Board of Executive Clemency.
  124         (6) Records maintained by the commission related to a
  125  submitted application and such application’s status are public
  126  records in accordance with chapter 119 and are not confidential
  127  and exempt unless otherwise deemed confidential and exempt by
  128  law.
  129         (7)If a member of the Senate or the House of
  130  Representatives submits any written request to the commission
  131  for the status of an application on behalf of his or her
  132  constituent, the commission must provide such information.
  133         (8) The commission may adopt rules pursuant to chapter 120
  134  to implement this section.
  135         Section 2. This act shall take effect July 1, 2018.