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.