Florida Senate - 2018                             CS for SB 1332
       
       
        
       By the Committee on Criminal Justice; and Senators Perry and
       Rouson
       
       
       
       
       591-02330-18                                          20181332c1
    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         that an application for the restoration of civil
    5         rights which has been submitted before a specified
    6         date and which qualifies as a priority application be
    7         processed and the investigation be completed before
    8         certain other applications; specifying deadlines to
    9         complete investigations for certain priority
   10         applications; requiring the applicant to keep the
   11         Florida Commission on Offender Review informed of his
   12         or her correct address, including his or her e-mail
   13         address, throughout the clemency process; requiring
   14         the commission to provide annual written notification
   15         to the applicant on the status of the application
   16         review process; providing requirements for such
   17         notification; requiring the commission to notify an
   18         applicant within a specified time of any incomplete
   19         portions of the application or any facts that are
   20         determined in the prescreening review to deem the
   21         applicant ineligible for restoration of civil rights;
   22         requiring an applicant to be given a specified time to
   23         remedy any incomplete portions or discrepancies in the
   24         application; requiring a confidential case analysis
   25         report prepared by the commission to be submitted to
   26         the applicant immediately upon completion, subject to
   27         certain requirements; requiring an applicant to be
   28         given a specified time to dispute and remedy any
   29         discrepancies in the confidential case analysis
   30         report; requiring the commission to provide
   31         information on the status of an application if a
   32         member of the Senate or the House of Representatives
   33         submits any written request to the commission for such
   34         information on behalf of the member’s constituent;
   35         providing rulemaking authority; providing an effective
   36         date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Section 947.131, Florida Statutes, is created to
   41  read:
   42         947.131 Restoration of civil rights; investigations
   43  conducted by the commission.—
   44         (1)For purposes of this section, the term:
   45         (a) “Applicant” means a person applying to the commission
   46  for the restoration of his or her civil rights.
   47         (b) “Confidential case analysis report” means the final
   48  report prepared by the commission which details the findings of
   49  the restoration of civil rights investigation and the
   50  commission’s recommendation.
   51         (c) “Prescreening review” means the initial review to
   52  determine eligibility which is conducted by the commission upon
   53  receipt of an application for restoration of civil rights.
   54         (d) “Priority application” means an application for the
   55  restoration of civil rights submitted by an applicant who has
   56  never been convicted of a violent felony offense.
   57         (e) “Violent felony offense” means the commission of, an
   58  attempt to commit, or a conspiracy to commit any of the
   59  following:
   60         1. Leaving the scene of a crash involving death or serious
   61  bodily injury in violation of s. 316.027;
   62         2. Driving under the influence resulting in death or
   63  serious bodily injury in violation of s. 316.193;
   64         3. An offense enumerated in s. 775.084(1)(d), excluding
   65  burglary as defined in s. 810.02(4);
   66         4.Failure to register as a sexual predator in violation of
   67  s. 775.21 or as a sexual offender in violation of s. 943.0435;
   68         5. Facilitating or furthering terrorism in violation of s.
   69  775.31;
   70         6. False imprisonment in violation of s. 787.02;
   71         7.Abuse, aggravated abuse, and neglect of an elderly
   72  person or disabled adult in violation of s. 825.102;
   73         8. An offense in violation of chapter 847;
   74         9. Poisoning of food or water in violation of s. 859.01;
   75         10. Abuse of a dead human body in violation of s. 872.06;
   76         11. A first or second degree felony in violation of chapter
   77  893; or
   78         12. An offense which requires a person to register as a
   79  sexual offender in accordance with s. 943.0435.
   80         (2)(a)An application that has been submitted before July
   81  1, 2018, which qualifies as a priority application pursuant to
   82  this section must be processed and the investigation completed
   83  before an application that:
   84         1. Is submitted on or after July 1, 2018, which qualifies
   85  as a priority application; or
   86         2. Does not qualify as a priority application, regardless
   87  of the submission date.
   88         (b) An investigation for a priority application that is
   89  submitted before July 1, 2018, must be completed by July 1,
   90  2022.
   91         (c) An investigation for a priority application that is
   92  submitted on or after July 1, 2018, but before July 1, 2021,
   93  must be completed by July 1, 2023.
   94         (d) An investigation for a priority application that is
   95  submitted on or after July 1, 2021, but before July 1, 2023,
   96  must be completed by July 1, 2024.
   97         (e) Beginning July 1, 2023, the commission shall complete
   98  the investigation for a priority application within 1 year after
   99  the submission of the application.
  100         (3)(a)The applicant shall keep the commission informed of
  101  his or her correct address, including his or her e-mail address,
  102  throughout the clemency process.
  103         (b)1. The commission shall provide annual written
  104  notification to the applicant on the status of the application
  105  review process. Notification may be made by e-mail if such
  106  address is provided by the applicant.
  107         2. The written notification must include the number of
  108  applications which are pending and which will be handled before
  109  the applicant’s application will begin being reviewed.
  110         (c) The commission shall notify an applicant within 30 days
  111  after completion of the prescreening review of any incomplete
  112  portions of the application or any facts that are determined in
  113  the prescreening review to deem the applicant ineligible for
  114  restoration of civil rights. An applicant shall be given 45 days
  115  to remedy any incomplete portions or discrepancies in the
  116  application.
  117         (4) The confidential case analysis report prepared by the
  118  commission shall be submitted to the applicant immediately upon
  119  completion, which must be no less than 45 days before the
  120  commission is scheduled to submit the report to the Board of
  121  Executive Clemency. An applicant shall be given 45 days to
  122  dispute and remedy any discrepancies in the confidential case
  123  analysis report before the commission submits the report to the
  124  Board of Executive Clemency.
  125         (5)If a member of the Senate or the House of
  126  Representatives submits any written request to the commission
  127  regarding the status of an application on behalf of his or her
  128  constituent, the commission must provide such information,
  129  including, but not limited to, whether submission of the
  130  application at issue is deemed complete or incomplete, how many
  131  applications are pending before the application at issue,
  132  whether the application at issue has been assigned to an
  133  investigator, and whether the investigative process has been
  134  initiated.
  135         (6) The commission may adopt rules pursuant to chapter 120
  136  to implement this section.
  137         Section 2. This act shall take effect July 1, 2018.