Rules of Executive Clemency

This is the on rules of executive clemency to restore Florida felon voting rights. The rules were created by Governor Charlie Crist's office. The rules must be approved by the Board of Executive Clemency.

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RESTORATION OF CIVIL RIGHTS

1. Automatic Approval of Restoration of Civil
Rights or Alien Status Without Firearm – 80%.
Non-violent crimes
Automatic approval
Complete sentence and pay restitution

2. Immediate Eligibility for Restoration of Civil
Rights or Alien Status Without Firearm Without a
Hearing – 15%.
All crimes minus murder and sex crimes
Preliminary Review List
Complete sentence and pay restitution
Approval = Gov. + 2 members

3. 15 Year Eligibility for Restoration of Civil
Rights or Alien Status Without Firearm Without a
Hearing.
All crimes
Preliminary Review List
15 years crime free
Complete sentence and pay restitution
Approval = Gov. + 2 members

4. Application for Restoration of Civil Rights and
Hearing – 5%.
Murder and sex crimes, non-approval crimes
Application, Investigation and Hearing

RULE 9 - Automatic Approval of Restoration of Civil
Rights or Alien Status Without Firearm

ELIGIBILITY

1. Complete all sentences and probation;

2. No pending criminal charges;

3. Pay all restitution;

4. Never been convicted of one of the following crimes (Violent crimes - Antimurder crimes minus burglary and robbery plus drug trafficking):

a. murder, attempted murder, attempted felony murder,
manslaughter (F.S. Chapter 782);
b. DUI manslaughter (F.S. 316.193(3));
c. sexual battery, attempted sexual battery (F.S. 794.011)
d. lewd or lascivious battery, attempted lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition (F.S. Chapter 800);
e. lewd or lascivious offense upon or in the presence of an elderly or disabled person, attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person (F.S. 825.1025);
f. sexual performance by a child, attempted sexual performance by a child (F.S. 827.071);
g. aggravated child abuse (F.S. 827.03);
h. failure to register as a sexual predator or sexual offender (F.S.
775);
i. computer pornography, transmission of computer pornography, buying or selling of minors (F.S. Chapter 847);
j. kidnapping, attempted kidnapping, false imprisonment, or luring
and enticing a child (F.S. Chapter 787);
k. aggravated battery, attempted aggravated battery (F.S. 784.045);
l. armed robbery, attempted armed robbery, carjacking, attempted carjacking, home invasion, attempted home invasion (F.S. Chapter
812);
m. poisoning of food or water (F.S. 859.01);
n. abuse of a dead human body (F.S. 872.06);
o. first degree burglary or attempted first degree burglary (F.S.
810.02);
p. arson or attempted arson (F.S. 806.01);
q. aggravated assault (F.S. 784.021);
r. aggravated stalking (F.S. 784.048);
s. aggravated battery or aggravated assault on a law enforcement
officer or other specified officer (F.S. 784.07);
t. first degree trafficking in illegal substances (F.S. 893.135);
u. aircraft piracy (F.S. 860.16);
v. unlawful throwing, placing, or discharging of a destructive device
or bomb (F.S. 790.161);
w. facilitating or furthering terrorism (F.S. 775.31);
x. treason (F.S. 876.32); or
y. any offense committed in another jurisdiction that would be an
offense listed in this paragraph if that offense had been committed in
this State.

5. The person has not been declared to be one of the following:

a. Habitual Violent Felony Offender;
b. Three-time Violent Felony Offender;
c. Violent Career Criminal;
d. Prison Releasee Reoffender;
e. Sexual Predator.

6. Restoration of civil rights - (a) citizen of US; and (b) resident of Florida.

7. Restoration of alien status - domiciled in Florida.

CLEMENCY BOARD ACTION

DOC send individual records automatically upon release

Clemency office identify those for automatic approval

Provide list to Clemency Board with Executive Order

Board members sign Executive Order

If not eligible for Automatic Approval go to RULE 10 – Restoration of Civil
Rights Without Hearing

RULE 10 – Immediate Eligibility for Restoration of Civil Rights or Alien Status Without Firearm Without a Hearing.

ELIGIBILITY

1. Complete all sentences and probation;

2. No pending criminal charges;

3. Pay all restitution;

4. Never been convicted of one of the following crimes (Murder and sex
crimes):

a. murder, attempted murder, attempted felony murder, manslaughter (F.S. Chapter 782);
b. DUI manslaughter (F.S. 316.193(3));
c. sexual battery, attempted sexual battery (F.S. 794.011)
d. lewd or lascivious battery, attempted lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition (F.S. Chapter 800);
e. lewd or lascivious offense upon or in the presence of an elderly or disabled person, attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person (F.S. 825.1025);
f. sexual performance by a child, attempted sexual performance by a
child (F.S. 827.071);
g. aggravated child abuse (F.S. 827.03);
h. failure to register as a sexual predator or sexual offender (F.S. 775);
i. facilitating or furthering terrorism (F.S. 775.31);
j. treason (F.S. 876.32); or
k. any offense committed in another jurisdiction that would be an offense listed in this paragraph if that offense had been committed in this State.

5. Not a Sexual Predator;
6. Restoration of civil rights - (a) citizen of US; and (b) resident of Florida.
7. Restoration of alien status - domiciled in Florida.

CLEMENCY BOARD ACTION

DOC send individual records automatically upon release

Clemency office identify those for approval without hearing

Provide preliminary review list to Clemency Board members for review

30 days for Board member approval

If Governor plus two member approve-Executive Order granting restoration

If no approval–File application under Rule 6

Board members sign Executive Order

RULE 10 – 15 Year Eligibility for Restoration of Civil Rights or Alien Status Without Firearm Without a Hearing.

ELIGIBILITY

1. Complete all sentences and probation;

2. No pending criminal charges;

3. Pay all restitution;

4. Crime and arrest free for a period of 15 years

5. Restoration of civil rights - (a) citizen of US; and (b) resident of Florida.

6. Restoration of alien status - domiciled in Florida.

CLEMENCY BOARD ACTION

DOC sends individual records automatically upon release

Clemency office identify those for approval without hearing

Provide preliminary review list to Clemency Board members for review

30 days for Board member approval

If Governor plus two member approve-Executive Order granting restoration

If no approval–File application under Rule 6

Board members sign Executive Order

If not eligible or approved for Approval without a Hearing, go to RULE 6 –
File an Application and Hearing

RULE 6 – Application for Restoration of Civil Rights and Hearing

This class will consist of:

1. Ex-felons for murder and sex crimes; and

2. Those in Approval without hearing class with 2 or more objections.

ELIGIBILITY

1. Complete all sentences and probation;
2. No pending criminal charges;
4. Pay all restitution;
5. Restoration of civil rights - (a) citizen of US; and (b) resident of Florida.
5. Restoration of alien status - domiciled in Florida.

CLEMENCY BOARD ACTION

Individual must file application

Investigation by clemency office

Information provided to Clemency Board

Clemency Board holds hearing

Makes determination to grant or deny