F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 725 2022
1 A bill to be entitled
2 An act relating to collateral consequences and
3 penalties for criminal offenses; providing a short
4 title and legislative intent; adopting the Uniform
5 Collateral Consequences of Convictions Act; providing
6 a short title; providing definitions; providing
7 construction; providing duties of the Department of
8 Legal Affairs concerning certain laws; providing for
9 collateral consequences of criminal convictions;
10 requiring that certain notices be provided to criminal
11 defendants; specifying criteria to be used by
12 decisionmakers; imposing disqualifications on persons
13 convicted of criminal offenses; providing for effects
14 of convictions from other states; providing for
15 relief; providing for certificates of restoration of
16 rights; providing for construction of and reliance on
17 such certificates; providing for victim's rights;
18 providing applicability; amending s. 893.13, F.S.;
19 revising restrictions of possession and sale of
20 cannabis; amending s. 893.147, F.S.; revising
21 penalties for offenses involving cannabis
22 paraphernalia; creating s. 943.0596, F.S.; providing
23 for automatic sealing of certain convictions for minor
24 cannabis offenses; providing procedures; providing a
25 timetable; providing a directive to the Division of
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26 Law Revision; providing Legislative intent; requiring
27 a report; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. SHORT TITLE; LEGISLATIVE INTENT.—
32 Short title.
33 (1) This act may be cited as the "Collateral Consequences
34 of Convictions and Decriminalization of Cannabis and All Drugs
35 Act."
36 (2) In the interest of the health and public safety of the
37 residents of Florida, preserving individual freedoms without
38 sacrificing community costs, allowing law enforcement to focus
39 resources on violent and property crimes, generating revenue for
40 education, substance abuse prevention and treatment, freeing
41 public resources to invest in communities and other public
42 purposes rather than continuing to overburden prisons with a
43 population that needs medical attention, seeking corrective
44 equity on the impact of the "war on drugs," and identifying real
45 people-centered solutions to various drugs crises like the
46 opioid epidemic, the Legislature is prioritizing treatment and
47 safety in an effort to preserve lives rather than discard them
48 through criminalization and incarceration.
49 Section 2. Uniform Collateral Consequences of Convictions
50 Act.—
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51 (1) SHORT TITLE.—This section may be cited as the "Uniform
52 Collateral Consequences of Conviction Act."
53 (2) DEFINITIONS.—As used in this section, the term:
54 (a) "Collateral consequence" means a collateral sanction
55 or a disqualification.
56 (b) "Collateral sanction" means a penalty, disability, or
57 disadvantage, however denominated or imposed on an individual as
58 a result of the individual's conviction of an offense which
59 applies by operation of law whether or not the penalty,
60 disability, or disadvantage is included in the judgment or
61 sentence. The term does not include imprisonment, probation,
62 parole, supervised release, forfeiture, restitution, fine,
63 assessment, or costs of prosecution.
64 (c) "Conviction" and "convicted" includes an adjudication
65 of juvenile delinquency which has a corresponding meaning.
66 (d) "Decisionmaker" means the state acting through a
67 department, agency, officer, or instrumentality, including a
68 political subdivision, educational institution, board, or
69 commission or its employees.
70 (e) "Disqualification" means a penalty, disability, or
71 disadvantage, however denominated, that an administrative
72 agency, governmental official, or court in a civil proceeding is
73 authorized, but not required, to impose on an individual on
74 grounds relating to the individual's conviction of an offense.
75 (f) "Offense" means a felony, misdemeanor, or finding of
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76 delinquency under the law of this state, another state, or the
77 United States.
78 (g) "Person" means an individual, corporation, business
79 trust, estate, trust, partnership, limited liability company,
80 association, joint venture, public corporation, government or
81 governmental subdivision, agency, or instrumentality, or any
82 other legal or commercial entity.
83 (h) "State" means a state of the United States, the
84 District of Columbia, Puerto Rico, the United States Virgin
85 Islands, or any territory or insular possession subject to the
86 jurisdiction of the United States.
87 (3) LIMITATION ON SCOPE.—
88 (a) This section does not provide a basis for:
89 1. Invalidating a plea, conviction, or sentence;
90 2. A cause of action for money damages; or
91 3. A claim for relief from or defense to the application
92 of a collateral consequence based on a failure to comply with
93 subsection (4), subsection (5), or subsection (6).
94 (b) This section does not affect:
95 1. The duty an individual's attorney owes to the
96 individual;
97 2. A claim or right of a victim of an offense; or
98 3. A right or remedy under law other than this section
99 available to an individual convicted of an offense.
100 (4) IDENTIFICATION, COLLECTION, AND PUBLICATION OF LAWS
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101 REGARDING COLLATERAL CONSEQUENCES.—
102 (a) The Department of Legal Affairs:
103 1. Shall identify or cause to be identified any provision
104 in this state's constitution, statutes, and administrative rules
105 which imposes a collateral sanction or authorizes the imposition
106 of a disqualification, and any provision of law that may afford
107 relief from a collateral consequence.
108 2. Not later than 180 days after the effective date of
109 this section, shall prepare or cause to be prepared a collection
110 of citations to, and the text or short descriptions of, the
111 provisions identified under subparagraph 1.
112 3. Shall update or cause to be updated the collection
113 within 90 days after each regular session of the Legislature.
114 4. In complying with subparagraphs 1. and 2., may rely on
115 the study of this state's collateral sanctions,
116 disqualifications, and relief provisions prepared by the
117 National Institute of Justice described in Section 510 of the
118 Court Security Improvement Act of 2007, Pub. L. 110 -177.
119 (b) The Department of Legal Affairs shall include or cause
120 to be included the following statements in a prominent manner at
121 the beginning of the collection required by paragraph (a):
122 1. This collection has not been enacted into law and does
123 not have the force of law.
124 2. An error or omission in this collection or in any
125 reference work cited in this collection is not a reason for
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126 invalidating a plea, conviction, or sentence or for not imposing
127 a collateral sanction or authorizing a disqualification.
128 3. The laws of other jurisdictions and government
129 subdivisions that impose additional collateral sanctions and
130 authorize additional disqualifications are not included in this
131 collection.
132 4. This collection does not include any law or other
133 provision regarding the imposition of or relief from a
134 collateral sanction or a disqualification enacted or adopted
135 after [insert date the collection was prepared or last updated].
136 (c) The Department of Legal Affairs shall publish or cause
137 to be published the collection prepared and updated as required
138 by paragraph (a). If available, the department shall publish or
139 cause to be published, as part of the collection, the title and
140 website address of the most recent collection of:
141 1. The collateral consequences imposed by federal law.
142 2. Any provision of federal law that may afford relief
143 from a collateral consequence.
144 (d) The collection described in paragraph (c) must be
145 available to the public on the Internet without charge not later
146 than 10 days after it is created or updated.
147 (5) NOTICE OF COLLATERAL CONSEQUENCES IN PRETRIAL
148 PROCEEDING AND AT GUILTY PLEA.—
149 (a) When an individual receives formal notice that the
150 individual is charged with an offense, the state attorney shall
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151 cause information substantially similar to the following to be
152 communicated to the individual:
153
154 NOTICE OF ADDITIONAL LEGAL CONSEQUENCES
155
156 If you plead guilty or are convicted of an offense you may
157 suffer additional legal consequences beyond jail or prison,
158 probation, periods of supervision, and fines. These
159 consequences may include:
160 • The inability to get or keep some licenses, permits, or
161 jobs.
162 • The inability to get or keep benefits such as public
163 housing or education.
164 • Receiving a harsher sentence if you are convicted of
165 another offense in the future.
166 • Having the government take your property.
167 • The inability to vote or possess a firearm.
168
169 If you are not a United States citizen, a guilty plea or
170 conviction may also result in your deportation, removal,
171 exclusion from admission to the United States, or denial of
172 citizenship.
173
174 The law may provide ways to obtain some relief from these
175 consequences.
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176
177 Further information about the consequences of conviction is
178 available on the Internet at [insert website address of the
179 collection of laws published under paragraphs 4(c) and
180 (d)].
181
182 (b) Before the court accepts a plea of guilty or nolo
183 contendre from an individual, the court must confirm that the
184 individual received and understands the notice required by
185 paragraph (a) and had an opportunity to discuss the notice with
186 counsel.
187 (6) NOTICE OF COLLATERAL CONSEQUENCES AT SENTENCING AND
188 UPON RELEASE.—
189 (a) An individual convicted of an offense shall be given
190 notice, as provided in paragraphs (b) and (c) of:
191 1. Collateral consequences that may apply because of the
192 conviction.
193 2. The website address of the collection of laws published
194 under paragraph 4(c).
195 3. Ways that may be available to obtain relief from
196 collateral consequences.
197 4. Contact information for government or nonprofit
198 agencies, groups, or organizations, if any, offering assistance
199 to individuals seeking relief from collateral consequences.
200 5. When an individual convicted of an offense may vote
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201 under this state's law.
202 (b) The state attorney shall provide the notice in
203 paragraph (a) as a part of sentencing.
204 (c) If an individual is sentenced to imprisonment or other
205 incarceration, the officer or agency releasing the individual
206 shall provide the notice in paragraph (a) not more than 30 days,
207 and, if practicable, at least 10 days before release.
208 (7) AUTHORIZATION REQUIRED FOR COLLATERAL SANCTION;
209 AMBIGUITY.—
210 (a) A collateral sanction may be imposed only by statute
211 or ordinance, or by a rule authorized by law and adopted in
212 accordance with chapter 120.
213 (b) A law creating a collateral consequence that is
214 ambiguous as to whether it imposes a collateral sanction or
215 authorizes a disqualification must be construed as authorizing a
216 disqualification.
217 (8) DECISION TO DISQUALIFY.—In deciding whether to impose
218 a disqualification, a decisionmaker shall undertake an
219 individualized assessment to determine whether the benefit or
220 opportunity at issue should be denied the individual. In making
221 that decision, the decisionmaker may consider, if substantially
222 related to the benefit or opportunity at issue, the particular
223