December 16, 2019
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       Florida Senate - 2010                                     SB 826
       
       
       
       By Senator Hill
       
       
       
       
       1-00672-10                                             2010826__
    1                        A bill to be entitled                      
    2         An act relating to pardons; creating the “Rosa Parks
    3         Act”; creating s. 940.035, F.S.; encouraging the Board
    4         of Executive Clemency to grant a full pardon to a
    5         person convicted of protesting or challenging a state
    6         law or local government ordinance the purpose of which
    7         was to maintain racial segregation of or racial
    8         discrimination against individuals; providing
    9         application procedures; requiring the Parole
   10         Commission to notify the state attorney of the circuit
   11         where the violation occurred; requiring that the
   12         pardon be granted unless the state attorney files an
   13         objection with the commission on the grounds that the
   14         conviction did not result from a violation of a law or
   15         ordinance the purpose of which was to maintain racial
   16         segregation of or racial discrimination against
   17         individuals; requiring a hearing if the state attorney
   18         files an objection; providing that a person who
   19         receives a full pardon under the act is not required
   20         to disclose the fact of the conviction or any record
   21         or matter relating to the conviction; amending s.
   22         940.05, F.S.; providing that a person convicted of
   23         protesting or challenging laws or ordinances the
   24         purpose of which was to maintain racial segregation of
   25         or racial discrimination against individuals is
   26         entitled to the restoration of all rights of
   27         citizenship enjoyed by the person before the
   28         conviction if the person has received a full pardon
   29         from the Board of Executive Clemency; providing an
   30         effective date.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. This act may be cited as the “Rosa Parks Act.”
   35         Section 2. Section 940.035, Florida Statutes, is created to
   36  read:
   37         940.035Pardons for convictions under segregationist laws
   38  or ordinances.—
   39         (1)(a)Upon application to the Parole Commission, the Board
   40  of Executive Clemency should strongly consider granting a full
   41  pardon to any person convicted of protesting or challenging a
   42  state law or local government ordinance the purpose of which was
   43  to maintain racial segregation of or racial discrimination
   44  against individuals. If the convicted person is deceased, an
   45  application may be filed by a person who can show legal
   46  authority to act on behalf of the deceased person.
   47         (b)The Parole Commission shall notify the state attorney
   48  of the circuit where the violation occurred after the date the
   49  application for a pardon is filed with the commission. The Board
   50  of Executive Clemency should strongly consider granting a full
   51  pardon unless the state attorney files an objection with the
   52  commission on the grounds that the conviction did not result
   53  from a violation of a law or local government ordinance the
   54  purpose of which was to maintain racial segregation of or racial
   55  discrimination against individuals.
   56         (c)If the state attorney objects, a hearing shall be held
   57  at the next scheduled meeting of the Board of Executive Clemency
   58  after the objection is filed. The Parole Commission shall
   59  provide notice of the hearing to all interested parties.
   60         (2)Notwithstanding subsection (1), the Board of Executive
   61  Clemency is strongly encouraged to grant a pardon to a convicted
   62  person who files a sworn affidavit with the board stating that
   63  he or she was convicted of protesting or challenging a state law
   64  or local government ordinance the purpose of which was to
   65  maintain racial segregation of or racial discrimination against
   66  individuals. If the information in the affidavit is later found
   67  to be false, or if the violation of law by the applicant had no
   68  direct relationship to or no purpose whatsoever in protesting or
   69  challenging a state law or local government ordinance the
   70  purpose of which was to maintain racial segregation of or racial
   71  discrimination against individuals, the board may void the
   72  pardon.
   73         (3)A person who has received a full pardon under this
   74  section is not required to disclose the fact of the conviction
   75  or any record or matter relating to the conviction.
   76         Section 3. Section 940.05, Florida Statutes, is amended to
   77  read:
   78         940.05 Restoration of civil rights.—Any person who has been
   79  convicted of a felony may be entitled to the restoration of all
   80  the rights of citizenship enjoyed by him or her prior to
   81  conviction if the person has:
   82         (1) Received a full pardon from the Board of Executive
   83  Clemency;
   84         (2) Served the maximum term of the sentence imposed upon
   85  him or her; or
   86         (3) Been granted his or her final release by the Parole
   87  Commission; or.
   88         (4)Been convicted of protesting or challenging a state law
   89  or local government ordinance the purpose of which was to
   90  maintain racial segregation of or racial discrimination against
   91  individuals. Such person is entitled to the restoration of all
   92  rights of citizenship enjoyed by the person before the
   93  conviction if the person has received a full pardon from the
   94  Board of Executive Clemency.
   95         Section 4. This act shall take effect July 1, 2010.

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