Bill Text: FL S7086 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Voting Rights Restoration
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-05-03 - Died on Calendar, companion bill(s) passed, see CS/SB 7066 (Ch. 2019-162) [S7086 Detail]
Download: Florida-2019-S7086-Introduced.html
Bill Title: Voting Rights Restoration
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-05-03 - Died on Calendar, companion bill(s) passed, see CS/SB 7066 (Ch. 2019-162) [S7086 Detail]
Download: Florida-2019-S7086-Introduced.html
Florida Senate - 2019 SB 7086 By the Committee on Criminal Justice 591-03458-19 20197086__ 1 A bill to be entitled 2 An act relating to voting rights restoration; amending 3 ss. 97.052, 97.053, and 98.045, F.S.; revising 4 terminology regarding voting rights restoration to 5 conform to the State Constitution; amending s. 98.075, 6 F.S.; revising terminology regarding voting rights 7 restoration to conform to the State Constitution; 8 requiring the supervisor of elections of the county in 9 which an ineligible voter is registered to notify the 10 voter of instructions for seeking restoration of 11 voting rights pursuant to s. 4, Art. VI of the State 12 Constitution, in addition to restoration of civil 13 rights pursuant to s. 8, Art. IV of the State 14 Constitution; creating s. 98.0751, F.S.; requiring the 15 voting disqualification of certain felons to be 16 removed and voting rights restored pursuant to s. 4, 17 Art. VI of the State Constitution; providing that the 18 voting disqualification arising from specified felony 19 offenses is not removed unless a person’s civil rights 20 are restored through the clemency process pursuant to 21 s. 8, Art. IV of the State Constitution; providing 22 definitions; amending s. 940.061, F.S.; requiring the 23 Department of Corrections to inform inmates and 24 offenders of voting rights restoration pursuant to s. 25 4, Art. VI of the State Constitution, in addition to 26 executive clemency and civil rights restoration; 27 amending s. 944.292, F.S.; conforming a provision 28 regarding the suspension of civil rights; amending s. 29 944.705, F.S.; requiring the Department of Corrections 30 to include notification of all outstanding terms of 31 sentence in an inmate’s release documents; providing 32 an exception to the notification requirement for 33 inmates who are released to any type of supervision 34 monitored by the department; creating s. 948.041, 35 F.S.; requiring the department, upon the termination 36 of an offender’s term of probation or community 37 control, to provide written notification to the 38 offender of all outstanding terms of sentence; 39 amending s. 951.29, F.S.; requiring each county 40 detention facility to provide information on the 41 restoration of voting rights pursuant to s. 4, Art. VI 42 of the State Constitution to certain prisoners; 43 requiring each county detention facility to provide 44 written notification to certain prisoners of all 45 outstanding terms of sentence upon release; creating 46 the Restoration of Voting Rights Work Group within the 47 Department of State; specifying membership of the work 48 group; establishing the manner of appointments and the 49 terms of membership; prescribing the duties of the 50 work group; requiring the work group to submit a 51 report to the Legislature by a specified date; 52 providing for staffing; authorizing reimbursement for 53 per diem and travel expenses; providing for expiration 54 of the work group; providing an effective date. 55 56 Be It Enacted by the Legislature of the State of Florida: 57 58 Section 1. Subsection (2) of section 97.052, Florida 59 Statutes, is amended to read: 60 97.052 Uniform statewide voter registration application.— 61 (2) The uniform statewide voter registration application 62 must be designed to elicit the following information from the 63 applicant: 64 (a) Last, first, and middle name, including any suffix. 65 (b) Date of birth. 66 (c) Address of legal residence. 67 (d) Mailing address, if different. 68 (e) E-mail address and whether the applicant wishes to 69 receive sample ballots by e-mail. 70 (f) County of legal residence. 71 (g) Race or ethnicity that best describes the applicant: 72 1. American Indian or Alaskan Native. 73 2. Asian or Pacific Islander. 74 3. Black, not Hispanic. 75 4. White, not Hispanic. 76 5. Hispanic. 77 (h) State or country of birth. 78 (i) Sex. 79 (j) Party affiliation. 80 (k) Whether the applicant needs assistance in voting. 81 (l) Name and address where last registered. 82 (m) Last four digits of the applicant’s social security 83 number. 84 (n) Florida driver license number or the identification 85 number from a Florida identification card issued under s. 86 322.051. 87 (o) An indication, if applicable, that the applicant has 88 not been issued a Florida driver license, a Florida 89 identification card, or a social security number. 90 (p) Telephone number (optional). 91 (q) Signature of applicant under penalty for false swearing 92 pursuant to s. 104.011, by which the person subscribes to the 93 oath required by s. 3, Art. VI of the State Constitution and s. 94 97.051, and swears or affirms that the information contained in 95 the registration application is true. 96 (r) Whether the application is being used for initial 97 registration, to update a voter registration record, or to 98 request a replacement voter information card. 99 (s) Whether the applicant is a citizen of the United States 100 by asking the question “Are you a citizen of the United States 101 of America?” and providing boxes for the applicant to check to 102 indicate whether the applicant is or is not a citizen of the 103 United States. 104 (t) Whether the applicant has been convicted of a felony, 105 and, if convicted, has had his or her votingcivilrights 106 restored by including the statement “I affirm I am not a 107 convicted felon, or, if I am, my rights relating to voting have 108 been restored.” and providing a box for the applicant to check 109 to affirm the statement. 110 (u) Whether the applicant has been adjudicated mentally 111 incapacitated with respect to voting or, if so adjudicated, has 112 had his or her right to vote restored by including the statement 113 “I affirm I have not been adjudicated mentally incapacitated 114 with respect to voting, or, if I have, my competency has been 115 restored.” and providing a box for the applicant to check to 116 affirm the statement. 117 118 The registration application must be in plain language and 119 designed so that convicted felons whose votingcivilrights have 120 been restored and persons who have been adjudicated mentally 121 incapacitated and have had their voting rights restored are not 122 required to reveal their prior conviction or adjudication. 123 Section 2. Paragraph (a) of subsection (5) of section 124 97.053, Florida Statutes, is amended to read: 125 97.053 Acceptance of voter registration applications.— 126 (5)(a) A voter registration application is complete if it 127 contains the following information necessary to establish the 128 applicant’s eligibility pursuant to s. 97.041, including: 129 1. The applicant’s name. 130 2. The applicant’s address of legal residence, including a 131 distinguishing apartment, suite, lot, room, or dormitory room 132 number or other identifier, if appropriate. Failure to include a 133 distinguishing apartment, suite, lot, room, or dormitory room or 134 other identifier on a voter registration application does not 135 impact a voter’s eligibility to register to vote or cast a 136 ballot, and such an omission may not serve as the basis for a 137 challenge to a voter’s eligibility or reason to not count a 138 ballot. 139 3. The applicant’s date of birth. 140 4. A mark in the checkbox affirming that the applicant is a 141 citizen of the United States. 142 5.a. The applicant’s current and valid Florida driver 143 license number or the identification number from a Florida 144 identification card issued under s. 322.051, or 145 b. If the applicant has not been issued a current and valid 146 Florida driver license or a Florida identification card, the 147 last four digits of the applicant’s social security number. 148 149 In case an applicant has not been issued a current and valid 150 Florida driver license, Florida identification card, or social 151 security number, the applicant shall affirm this fact in the 152 manner prescribed in the uniform statewide voter registration 153 application. 154 6. A mark in the checkbox affirming that the applicant has 155 not been convicted of a felony or that, if convicted, has had 156 his or her votingcivilrights restored. 157 7. A mark in the checkbox affirming that the applicant has 158 not been adjudicated mentally incapacitated with respect to 159 voting or that, if so adjudicated, has had his or her right to 160 vote restored. 161 8. The original signature or a digital signature 162 transmitted by the Department of Highway Safety and Motor 163 Vehicles of the applicant swearing or affirming under the 164 penalty for false swearing pursuant to s. 104.011 that the 165 information contained in the registration application is true 166 and subscribing to the oath required by s. 3, Art. VI of the 167 State Constitution and s. 97.051. 168 Section 3. Paragraph (c) of subsection (1) of section 169 98.045, Florida Statutes, is amended to read: 170 98.045 Administration of voter registration.— 171 (1) ELIGIBILITY OF APPLICANT.—The supervisor must ensure 172 that any eligible applicant for voter registration is registered 173 to vote and that each application for voter registration is 174 processed in accordance with law. The supervisor shall determine 175 whether a voter registration applicant is ineligible based on 176 any of the following: 177 (c) The applicant has been convicted of a felony for which 178 his or her votingcivilrights have not been restored. 179 Section 4. Subsections (5) and (6) and paragraph (a) of 180 subsection (7) of section 98.075, Florida Statutes, are amended 181 to read: 182 98.075 Registration records maintenance activities; 183 ineligibility determinations.— 184 (5) FELONY CONVICTION.—The department shall identify those 185 registered voters who have been convicted of a felony and whose 186 voting rights have not been restored by comparing information 187 received from, but not limited to, a clerk of the circuit court, 188 the Board of Executive Clemency, the Department of Corrections, 189 the Department of Law Enforcement, or a United States Attorney’s 190 Office, as provided in s. 98.093. The department shall review 191 such information and make an initial determination as to whether 192 the information is credible and reliable. If the department 193 determines that the information is credible and reliable, the 194 department shall notify the supervisor and provide a copy of the 195 supporting documentation indicating the potential ineligibility 196 of the voter to be registered. Upon receipt of the notice that 197 the department has made a determination of initial credibility 198 and reliability, the supervisor shall adhere to the procedures 199 set forth in subsection (7) prior to the removal of a registered 200 voter’s name from the statewide voter registration system. 201 (6) OTHER BASES FOR INELIGIBILITY.—If the department or 202 supervisor receives information from sources other than those 203 identified in subsections (2)-(5) that a registered voter is 204 ineligible because he or she is deceased, adjudicated a 205 convicted felon without having had his or her votingcivil206 rights restored, adjudicated mentally incapacitated without 207 having had his or her voting rights restored, does not meet the 208 age requirement pursuant to s. 97.041, is not a United States 209 citizen, is a fictitious person, or has listed a residence that 210 is not his or her legal residence, the supervisor must adhere to 211 the procedures set forth in subsection (7) prior to the removal 212 of a registered voter’s name from the statewide voter 213 registration system. 214 (7) PROCEDURES FOR REMOVAL.— 215 (a) If the supervisor receives notice or information 216 pursuant to subsections (4)-(6), the supervisor of the county in 217 which the voter is registered shall: 218 1. Notify the registered voter of his or her potential 219 ineligibility by mail within 7 days after receipt of notice or 220 information. The notice shall include: 221 a. A statement of the basis for the registered voter’s 222 potential ineligibility and a copy of any documentation upon 223 which the potential ineligibility is based. 224 b. A statement that failure to respond within 30 days after 225 receipt of the notice may result in a determination of 226 ineligibility and in removal of the registered voter’s name from 227 the statewide voter registration system. 228 c. A return form that requires the registered voter to 229 admit or deny the accuracy of the information underlying the 230 potential ineligibility for purposes of a final determination by 231 the supervisor. 232 d. A statement that, if the voter is denying the accuracy 233 of the information underlying the potential ineligibility, the 234 voter has a right to request a hearing for the purpose of 235 determining eligibility. 236 e. Instructions for the registered voter to contact the 237 supervisor of elections of the county in which the voter is 238 registered if assistance is needed in resolving the matter. 239 f. Instructions for seeking restoration of civil rights 240 pursuant to s. 8, Art. IV of the State Constitution and 241 information explaining voting rights restoration pursuant to s. 242 4., Art. VI of the State Constitution following a felony 243 conviction, if applicable. 244 2. If the mailed notice is returned as undeliverable, the 245 supervisor shall publish notice once in a newspaper of general 246 circulation in the county in which the voter was last 247 registered. The notice shall contain the following: 248 a. The voter’s name and address. 249 b. A statement that the voter is potentially ineligible to 250 be registered to vote. 251 c. A statement that failure to respond within 30 days after 252 the notice is published may result in a determination of 253 ineligibility by the supervisor and removal of the registered 254 voter’s name from the statewide voter registration system. 255 d. An instruction for the voter to contact the supervisor 256 no later than 30 days after the date of the published notice to 257 receive information regarding the basis for the potential 258 ineligibility and the procedure to resolve the matter. 259 e. An instruction to the voter that, if further assistance 260 is needed, the voter should contact the supervisor of elections 261 of the county in which the voter is registered. 262 3. If a registered voter fails to respond to a notice 263 pursuant to subparagraph 1. or subparagraph 2., the supervisor 264 shall make a final determination of the voter’s eligibility. If 265 the supervisor determines that the voter is ineligible, the 266 supervisor shall remove the name of the registered voter from 267 the statewide voter registration system. The supervisor shall 268 notify the registered voter of the supervisor’s determination 269 and action. 270 4. If a registered voter responds to the notice pursuant to 271 subparagraph 1. or subparagraph 2. and admits the accuracy of 272 the information underlying the potential ineligibility, the 273 supervisor shall make a final determination of ineligibility and 274 shall remove the voter’s name from the statewide voter 275 registration system. The supervisor shall notify the registered 276 voter of the supervisor’s determination and action. 277 5. If a registered voter responds to the notice issued 278 pursuant to subparagraph 1. or subparagraph 2. and denies the 279 accuracy of the information underlying the potential 280 ineligibility but does not request a hearing, the supervisor 281 shall review the evidence and make a final determination of 282 eligibility. If such registered voter requests a hearing, the 283 supervisor shall send notice to the registered voter to attend a 284 hearing at a time and place specified in the notice. Upon 285 hearing all evidence presented at the hearing, the supervisor 286 shall make a determination of eligibility. If the supervisor 287 determines that the registered voter is ineligible, the 288 supervisor shall remove the voter’s name from the statewide 289 voter registration system and notify the registered voter of the 290 supervisor’s determination and action. 291 Section 5. Section 98.0751, Florida Statutes, is created to 292 read: 293 98.0751 Restoration of voting rights; removal of 294 ineligibility subsequent to a felony conviction.— 295 (1) A person who has been disqualified from voting based on 296 a felony conviction for an offense other than murder or a felony 297 sexual offense must have such disqualification removed and his 298 or her voting rights restored pursuant to s. 4, Art. VI of the 299 State Constitution upon the completion of all terms of his or 300 her sentence, including parole or probation. The voting 301 disqualification that arises from a felony conviction of murder 302 or a felony sexual offense as specified under subsection (2) 303 does not terminate unless a person’s civil rights are restored 304 pursuant to s. 8, Art. IV of the State Constitution. 305 (2) For purposes of this section, the term: 306 (a) “Completion of all terms of sentence” means: 307 1. Release from any term of imprisonment ordered by the 308 court as a condition of the sentence; 309 2. Termination from any term of probation or community 310 control ordered by the court as a condition of the sentence; 311 3. Fulfillment of any term ordered by the court as a 312 condition of the sentence; 313 4. Termination from any term of parole supervision which is 314 monitored by the Florida Commission on Offender Review; 315 5. Payment of all: 316 a. Restitution ordered by the court as a condition of the 317 sentence, regardless of whether such restitution is converted to 318 a civil lien; 319 b. Fees ordered by the court as part of the sentence or 320 that are ordered as a condition of probation, community control, 321 or parole; and 322 c. Fines ordered by the court as part of the sentence or 323 that are ordered as a part of probation, community control, or 324 parole. 325 326 Unless expressly stated to the contrary, a financial obligation 327 required to be paid in accordance with subparagraph 5. is deemed 328 completed if such obligation has been converted to a civil lien. 329 (b) “Felony sexual offense” means either of the following: 330 1. Any felony offense that serves as a predicate to 331 registration as a sexual offender in accordance with s. 332 943.0435; or 333 2. Any similar offense committed in another jurisdiction 334 which would be an offense listed in this paragraph if it had 335 been committed in this state. 336 (c) “Murder” means any of the following: 337 1. A violation of any of the following sections which 338 results in the actual killing of a human being: 339 a. Section 782.04(1) or (2). 340 b. Section 782.09. 341 2. An attempt to kill a human being in violation of s. 342 782.04(1) or (2). 343 3. Any similar offense committed in another jurisdiction 344 which would be an offense listed in this paragraph if it had 345 been committed in this state. 346 Section 6. Section 940.061, Florida Statutes, is amended to 347 read: 348 940.061 Informing persons about executive clemency,and349 restoration of civil rights, and restoration of voting rights. 350 The Department of Corrections shall inform and educate inmates 351 and offenders on community supervision about the restoration of 352 civil rights and the restoration of voting rights resulting from 353 the removal of the disqualification to vote pursuant to s. 4, 354 Art. VI of the State Constitution. Each month, the Department of 355 Corrections shall send to the Florida Commission on Offender 356 Review by electronic means a list of the names of inmates who 357 have been released from incarceration and offenders who have 358 been terminated from supervision who may be eligible for 359 restoration of civil rights. 360 Section 7. Subsection (1) of section 944.292, Florida 361 Statutes, is amended to read: 362 944.292 Suspension of civil rights.— 363 (1) Upon conviction of a felony as defined in s. 10, Art. X 364 of the State Constitution, the civil rights of the person 365 convicted shall be suspended in Florida until such rights are 366 restored by a full pardon, conditional pardon, or restoration of 367 civil rights granted pursuant to s. 8, Art. IV of the State 368 Constitution. Notwithstanding the suspension of civil rights, 369 such a convicted person may obtain restoration of his or her 370 voting rights pursuant to s. 4, Art. VI of the State 371 Constitution and s. 98.0751. 372 Section 8. Subsection (6) of section 944.705, Florida 373 Statutes, is amended to read: 374 944.705 Release orientation program.— 375 (6)(a) The department shall notify every inmate, in no less376than 18-point typein the inmate’s release documents:,377 1. Of all outstanding terms of the inmate’s sentence at the 378 time of release to assist the inmate in determining his or her 379 status with regard to the completion of all terms of sentence, 380 as that term is defined in s. 98.0751. This subparagraph does 381 not apply to inmates who are being released from the custody of 382 the department to any type of supervision monitored by the 383 department; and 384 2. In not less than 18-point type, that the inmate may be 385 sentenced pursuant to s. 775.082(9) if the inmate commits any 386 felony offense described in s. 775.082(9) within 3 years after 387 the inmate’s release. This notice must be prefaced by the word 388 “WARNING” in boldfaced type. 389 (b)Nothing inThis section does not precludeprecludesthe 390 sentencing of a person pursuant to s. 775.082(9), andnor shall391 evidence that the department failed to provide this notice does 392 not prohibit a person from being sentenced pursuant to s. 393 775.082(9). The state isshallnotberequired to demonstrate 394 that a person received any notice from the department in order 395 for the court to impose a sentence pursuant to s. 775.082(9). 396 Section 9. Section 948.041, Florida Statutes, is created to 397 read: 398 948.041 Notification of outstanding terms of sentence upon 399 termination of probation or community control.—Upon the 400 termination of an offender’s term of probation or community 401 control, the department must notify the offender in writing of 402 all outstanding terms at the time of termination to assist the 403 offender in determining his or her status with regard to the 404 completion of all terms of sentence, as that term is defined in 405 s. 98.0751. 406 Section 10. Subsection (1) of section 951.29, Florida 407 Statutes, is amended to read: 408 951.29 Procedure for requesting restoration of civil rights 409 of county prisoners convicted of felonies.— 410 (1) With respect to a person who has been convicted of a 411 felony and is serving a sentence in a county detention facility, 412 the administrator of the county detention facility shall provide 413 the following to the prisoner, at least 2 weeks before 414 discharge, if possible:,415 (a) An application form obtained from the Florida 416 Commission on Offender Review which the prisoner must complete 417 in order to begin the process of having his or her civil rights 418 restored;.419 (b) Information explaining voting rights restoration 420 pursuant to s. 4, Art. VI of the State Constitution; and 421 (c) Written notification of all outstanding terms of the 422 prisoner’s sentence at the time of release to assist the 423 prisoner in determining his or her status with regard to the 424 completion of all terms of sentence, as that term is defined in 425 s. 98.0751. 426 Section 11. Restoration of Voting Rights Work Group.—The 427 Restoration of Voting Rights Work Group is created within the 428 Department of State for the purpose of conducting a 429 comprehensive review of the department’s process of verifying 430 registered voters, applicants, or potential applicants who have 431 been convicted of a felony, but who may be eligible for 432 restoration of voting rights under s. 4, Article VI of the State 433 Constitution. 434 (1) MEMBERSHIP.—The work group is comprised of the 435 following members: 436 (a) The Secretary of State or his or her designee, who 437 shall serve as chair for the work group. 438 (b) The Secretary of Corrections or his or her designee. 439 (c) The executive director of the Department of Law 440 Enforcement or his or her designee. 441 (d) The Chairman of the Florida Commission on Offender 442 Review or his or her designee. 443 (e) Two clerks of the circuit court appointed by the 444 Governor. 445 (f) Two supervisors of elections appointed by the Governor. 446 (2) TERMS OF MEMBERSHIP.—Appointments to the work group 447 shall be made within 30 days of the effective date of this act. 448 All members shall serve for the duration of the work group. Any 449 vacancy shall be filled by the original appointing authority for 450 the remainder of the work group’s existence. 451 (3) DUTIES.—The work group is authorized and directed to 452 study, evaluate, analyze, and undertake a comprehensive review 453 of the Department of State’s process of verifying registered 454 voters, applicants, or potential applicants who have been 455 convicted of a felony, but who may be eligible for restoration 456 of voting rights under s. 4, Article VI of the State 457 Constitution, to develop recommendations for the Legislature, 458 related to: 459 (a) The consolidation of all relevant data necessary to 460 verify the eligibility of a registered voter, applicant, or 461 potential applicant for restoration of voting rights under s. 4, 462 Article VI of the State Constitution. If any entity is 463 recommended to manage the consolidated relevant data, the 464 recommendations must provide the feasibility of such entity to 465 manage the consolidated relevant data and a timeline for 466 implementation of such consolidation. 467 (b) The process of informing a registered voter, applicant, 468 or potential applicant of the entity or entities that are 469 custodians of the relevant data necessary for verifying his or 470 her eligibility for restoration of voting rights under s. 4, 471 Article VI of the State Constitution. 472 (c) Any other relevant policies or procedures for verifying 473 the eligibility of a registered voter, applicant, or potential 474 applicant for restoration of voting rights under s. 4, Article 475 VI of the State Constitution. 476 (4) REPORT.—The work group shall submit a report of its 477 findings, conclusions, and recommendations for the Legislature 478 to the President of the Senate and the Speaker of the House of 479 Representatives by November 1, 2019. Upon submission of the 480 report, the work group is dissolved and discharged of further 481 duties. 482 (5) STAFFING.—The Department of State shall provide support 483 for the work group in performing its duties. 484 (6) PER DIEM AND TRAVEL EXPENSES.—Work group members shall 485 serve without compensation but are entitled to receive 486 reimbursement for per diem and travel expenses as provided in s. 487 112.061, Florida Statutes. 488 (7) EXPIRATION.—This section expires January 31, 2020. 489 Section 12. This act shall take effect upon becoming a law.