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.