Florida Senate - 2019                             CS for SB 7086
       
       
        
       By the Committees on Judiciary; and Criminal Justice
       
       
       
       
       
       590-04043-19                                          20197086c1
    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; authorizing the Department of State to
   23         verify whether a person who has been convicted of a
   24         felony offense has completed all the terms of his or
   25         her sentence; authorizing the Department of State to
   26         adopt rules and prescribe forms; amending s. 940.061,
   27         F.S.; requiring the Department of Corrections to
   28         inform inmates and offenders of voting rights
   29         restoration pursuant to s. 4, Art. VI of the State
   30         Constitution, in addition to executive clemency and
   31         civil rights restoration; amending s. 944.292, F.S.;
   32         conforming a provision regarding the suspension of
   33         civil rights; amending s. 944.705, F.S.; requiring the
   34         Department of Corrections to include notification of
   35         all outstanding terms of sentence in an inmate’s
   36         release documents; providing an exception to the
   37         notification requirement for inmates who are released
   38         to any type of supervision monitored by the
   39         department; creating s. 948.041, F.S.; requiring the
   40         department, upon the termination of an offender’s term
   41         of probation or community control, to provide written
   42         notification to the offender of all outstanding terms
   43         of sentence; amending s. 951.29, F.S.; requiring each
   44         county detention facility to provide information on
   45         the restoration of voting rights pursuant to s. 4,
   46         Art. VI of the State Constitution to certain
   47         prisoners; requiring each county detention facility to
   48         provide written notification to certain prisoners of
   49         all outstanding terms of sentence upon release;
   50         creating the Restoration of Voting Rights Work Group
   51         within the Department of State; specifying membership
   52         of the work group; establishing the manner of
   53         appointments and the terms of membership; prescribing
   54         the duties of the work group; requiring the work group
   55         to submit a report to the Legislature by a specified
   56         date; providing for staffing; authorizing
   57         reimbursement for per diem and travel expenses;
   58         providing for expiration of the work group; providing
   59         an effective date.
   60          
   61  Be It Enacted by the Legislature of the State of Florida:
   62  
   63         Section 1. Subsection (2) of section 97.052, Florida
   64  Statutes, is amended to read:
   65         97.052 Uniform statewide voter registration application.—
   66         (2) The uniform statewide voter registration application
   67  must be designed to elicit the following information from the
   68  applicant:
   69         (a) Last, first, and middle name, including any suffix.
   70         (b) Date of birth.
   71         (c) Address of legal residence.
   72         (d) Mailing address, if different.
   73         (e) E-mail address and whether the applicant wishes to
   74  receive sample ballots by e-mail.
   75         (f) County of legal residence.
   76         (g) Race or ethnicity that best describes the applicant:
   77         1. American Indian or Alaskan Native.
   78         2. Asian or Pacific Islander.
   79         3. Black, not Hispanic.
   80         4. White, not Hispanic.
   81         5. Hispanic.
   82         (h) State or country of birth.
   83         (i) Sex.
   84         (j) Party affiliation.
   85         (k) Whether the applicant needs assistance in voting.
   86         (l) Name and address where last registered.
   87         (m) Last four digits of the applicant’s social security
   88  number.
   89         (n) Florida driver license number or the identification
   90  number from a Florida identification card issued under s.
   91  322.051.
   92         (o) An indication, if applicable, that the applicant has
   93  not been issued a Florida driver license, a Florida
   94  identification card, or a social security number.
   95         (p) Telephone number (optional).
   96         (q) Signature of applicant under penalty for false swearing
   97  pursuant to s. 104.011, by which the person subscribes to the
   98  oath required by s. 3, Art. VI of the State Constitution and s.
   99  97.051, and swears or affirms that the information contained in
  100  the registration application is true.
  101         (r) Whether the application is being used for initial
  102  registration, to update a voter registration record, or to
  103  request a replacement voter information card.
  104         (s) Whether the applicant is a citizen of the United States
  105  by asking the question “Are you a citizen of the United States
  106  of America?” and providing boxes for the applicant to check to
  107  indicate whether the applicant is or is not a citizen of the
  108  United States.
  109         (t) Whether the applicant has been convicted of a felony,
  110  and, if convicted, has had his or her voting civil rights
  111  restored by including the statement “I affirm I am not a
  112  convicted felon, or, if I am, my rights relating to voting have
  113  been restored.” and providing a box for the applicant to check
  114  to affirm the statement.
  115         (u) Whether the applicant has been adjudicated mentally
  116  incapacitated with respect to voting or, if so adjudicated, has
  117  had his or her right to vote restored by including the statement
  118  “I affirm I have not been adjudicated mentally incapacitated
  119  with respect to voting, or, if I have, my competency has been
  120  restored.” and providing a box for the applicant to check to
  121  affirm the statement.
  122  
  123  The registration application must be in plain language and
  124  designed so that convicted felons whose voting civil rights have
  125  been restored and persons who have been adjudicated mentally
  126  incapacitated and have had their voting rights restored are not
  127  required to reveal their prior conviction or adjudication.
  128         Section 2. Paragraph (a) of subsection (5) of section
  129  97.053, Florida Statutes, is amended to read:
  130         97.053 Acceptance of voter registration applications.—
  131         (5)(a) A voter registration application is complete if it
  132  contains the following information necessary to establish the
  133  applicant’s eligibility pursuant to s. 97.041, including:
  134         1. The applicant’s name.
  135         2. The applicant’s address of legal residence, including a
  136  distinguishing apartment, suite, lot, room, or dormitory room
  137  number or other identifier, if appropriate. Failure to include a
  138  distinguishing apartment, suite, lot, room, or dormitory room or
  139  other identifier on a voter registration application does not
  140  impact a voter’s eligibility to register to vote or cast a
  141  ballot, and such an omission may not serve as the basis for a
  142  challenge to a voter’s eligibility or reason to not count a
  143  ballot.
  144         3. The applicant’s date of birth.
  145         4. A mark in the checkbox affirming that the applicant is a
  146  citizen of the United States.
  147         5.a. The applicant’s current and valid Florida driver
  148  license number or the identification number from a Florida
  149  identification card issued under s. 322.051, or
  150         b. If the applicant has not been issued a current and valid
  151  Florida driver license or a Florida identification card, the
  152  last four digits of the applicant’s social security number.
  153  
  154  In case an applicant has not been issued a current and valid
  155  Florida driver license, Florida identification card, or social
  156  security number, the applicant shall affirm this fact in the
  157  manner prescribed in the uniform statewide voter registration
  158  application.
  159         6. A mark in the checkbox affirming that the applicant has
  160  not been convicted of a felony or that, if convicted, has had
  161  his or her voting civil rights restored.
  162         7. A mark in the checkbox affirming that the applicant has
  163  not been adjudicated mentally incapacitated with respect to
  164  voting or that, if so adjudicated, has had his or her right to
  165  vote restored.
  166         8. The original signature or a digital signature
  167  transmitted by the Department of Highway Safety and Motor
  168  Vehicles of the applicant swearing or affirming under the
  169  penalty for false swearing pursuant to s. 104.011 that the
  170  information contained in the registration application is true
  171  and subscribing to the oath required by s. 3, Art. VI of the
  172  State Constitution and s. 97.051.
  173         Section 3. Paragraph (c) of subsection (1) of section
  174  98.045, Florida Statutes, is amended to read:
  175         98.045 Administration of voter registration.—
  176         (1) ELIGIBILITY OF APPLICANT.—The supervisor must ensure
  177  that any eligible applicant for voter registration is registered
  178  to vote and that each application for voter registration is
  179  processed in accordance with law. The supervisor shall determine
  180  whether a voter registration applicant is ineligible based on
  181  any of the following:
  182         (c) The applicant has been convicted of a felony for which
  183  his or her voting civil rights have not been restored.
  184         Section 4. Subsections (5) and (6) and paragraph (a) of
  185  subsection (7) of section 98.075, Florida Statutes, are amended
  186  to read:
  187         98.075 Registration records maintenance activities;
  188  ineligibility determinations.—
  189         (5) FELONY CONVICTION.—The department shall identify those
  190  registered voters who have been convicted of a felony and whose
  191  voting rights have not been restored by comparing information
  192  received from, but not limited to, a clerk of the circuit court,
  193  the Board of Executive Clemency, the Department of Corrections,
  194  the Department of Law Enforcement, or a United States Attorney’s
  195  Office, as provided in s. 98.093. The department shall review
  196  such information and make an initial determination as to whether
  197  the information is credible and reliable. If the department
  198  determines that the information is credible and reliable, the
  199  department shall notify the supervisor and provide a copy of the
  200  supporting documentation indicating the potential ineligibility
  201  of the voter to be registered. Upon receipt of the notice that
  202  the department has made a determination of initial credibility
  203  and reliability, the supervisor shall adhere to the procedures
  204  set forth in subsection (7) prior to the removal of a registered
  205  voter’s name from the statewide voter registration system.
  206         (6) OTHER BASES FOR INELIGIBILITY.—If the department or
  207  supervisor receives information from sources other than those
  208  identified in subsections (2)-(5) that a registered voter is
  209  ineligible because he or she is deceased, adjudicated a
  210  convicted felon without having had his or her voting civil
  211  rights restored, adjudicated mentally incapacitated without
  212  having had his or her voting rights restored, does not meet the
  213  age requirement pursuant to s. 97.041, is not a United States
  214  citizen, is a fictitious person, or has listed a residence that
  215  is not his or her legal residence, the supervisor must adhere to
  216  the procedures set forth in subsection (7) prior to the removal
  217  of a registered voter’s name from the statewide voter
  218  registration system.
  219         (7) PROCEDURES FOR REMOVAL.—
  220         (a) If the supervisor receives notice or information
  221  pursuant to subsections (4)-(6), the supervisor of the county in
  222  which the voter is registered shall:
  223         1. Notify the registered voter of his or her potential
  224  ineligibility by mail within 7 days after receipt of notice or
  225  information. The notice shall include:
  226         a. A statement of the basis for the registered voter’s
  227  potential ineligibility and a copy of any documentation upon
  228  which the potential ineligibility is based.
  229         b. A statement that failure to respond within 30 days after
  230  receipt of the notice may result in a determination of
  231  ineligibility and in removal of the registered voter’s name from
  232  the statewide voter registration system.
  233         c. A return form that requires the registered voter to
  234  admit or deny the accuracy of the information underlying the
  235  potential ineligibility for purposes of a final determination by
  236  the supervisor.
  237         d. A statement that, if the voter is denying the accuracy
  238  of the information underlying the potential ineligibility, the
  239  voter has a right to request a hearing for the purpose of
  240  determining eligibility.
  241         e. Instructions for the registered voter to contact the
  242  supervisor of elections of the county in which the voter is
  243  registered if assistance is needed in resolving the matter.
  244         f. Instructions for seeking restoration of civil rights
  245  pursuant to s. 8, Art. IV of the State Constitution and
  246  information explaining voting rights restoration pursuant to s.
  247  4., Art. VI of the State Constitution following a felony
  248  conviction, if applicable.
  249         2. If the mailed notice is returned as undeliverable, the
  250  supervisor shall publish notice once in a newspaper of general
  251  circulation in the county in which the voter was last
  252  registered. The notice shall contain the following:
  253         a. The voter’s name and address.
  254         b. A statement that the voter is potentially ineligible to
  255  be registered to vote.
  256         c. A statement that failure to respond within 30 days after
  257  the notice is published may result in a determination of
  258  ineligibility by the supervisor and removal of the registered
  259  voter’s name from the statewide voter registration system.
  260         d. An instruction for the voter to contact the supervisor
  261  no later than 30 days after the date of the published notice to
  262  receive information regarding the basis for the potential
  263  ineligibility and the procedure to resolve the matter.
  264         e. An instruction to the voter that, if further assistance
  265  is needed, the voter should contact the supervisor of elections
  266  of the county in which the voter is registered.
  267         3. If a registered voter fails to respond to a notice
  268  pursuant to subparagraph 1. or subparagraph 2., the supervisor
  269  shall make a final determination of the voter’s eligibility. If
  270  the supervisor determines that the voter is ineligible, the
  271  supervisor shall remove the name of the registered voter from
  272  the statewide voter registration system. The supervisor shall
  273  notify the registered voter of the supervisor’s determination
  274  and action.
  275         4. If a registered voter responds to the notice pursuant to
  276  subparagraph 1. or subparagraph 2. and admits the accuracy of
  277  the information underlying the potential ineligibility, the
  278  supervisor shall make a final determination of ineligibility and
  279  shall remove the voter’s name from the statewide voter
  280  registration system. The supervisor shall notify the registered
  281  voter of the supervisor’s determination and action.
  282         5. If a registered voter responds to the notice issued
  283  pursuant to subparagraph 1. or subparagraph 2. and denies the
  284  accuracy of the information underlying the potential
  285  ineligibility but does not request a hearing, the supervisor
  286  shall review the evidence and make a final determination of
  287  eligibility. If such registered voter requests a hearing, the
  288  supervisor shall send notice to the registered voter to attend a
  289  hearing at a time and place specified in the notice. Upon
  290  hearing all evidence presented at the hearing, the supervisor
  291  shall make a determination of eligibility. If the supervisor
  292  determines that the registered voter is ineligible, the
  293  supervisor shall remove the voter’s name from the statewide
  294  voter registration system and notify the registered voter of the
  295  supervisor’s determination and action.
  296         Section 5. Section 98.0751, Florida Statutes, is created to
  297  read:
  298         98.0751 Restoration of voting rights; removal of
  299  ineligibility subsequent to a felony conviction.—
  300         (1) A person who has been disqualified from voting based on
  301  a felony conviction for an offense other than murder or a felony
  302  sexual offense must have such disqualification removed and his
  303  or her voting rights restored pursuant to s. 4, Art. VI of the
  304  State Constitution upon the completion of all terms of his or
  305  her sentence, including parole or probation. The voting
  306  disqualification that arises from a felony conviction of murder
  307  or a felony sexual offense as specified under subsection (2)
  308  does not terminate unless a person’s civil rights are restored
  309  pursuant to s. 8, Art. IV of the State Constitution.
  310         (2) For purposes of this section, the term:
  311         (a) “Completion of all terms of sentence” means:
  312         1.Release from any term of imprisonment ordered by the
  313  court as a condition of the sentence;
  314         2. Termination from any term of probation or community
  315  control ordered by the court as a condition of the sentence;
  316         3. Fulfillment of any term ordered by the court as a
  317  condition of the sentence;
  318         4. Termination from any term of parole supervision which is
  319  monitored by the Florida Commission on Offender Review; and
  320         5. Payment of all:
  321         a. Restitution ordered by the court as a part of the
  322  sentence, regardless of whether such restitution is converted to
  323  a civil lien; and
  324         b. Fees or fines ordered by the court as part of the
  325  sentence or that are ordered as a condition of probation,
  326  community control, or parole.
  327  
  328  Except as provided in subparagraph 5., a financial obligation of
  329  a person who has been convicted of a felony offense is deemed to
  330  have been completed to the extent that the financial obligation
  331  has been converted to a civil lien.
  332         (b) “Felony sexual offense” means either of the following:
  333         1. Any felony offense that serves as a predicate to
  334  registration as a sexual offender in accordance with s.
  335  943.0435; or
  336         2. Any similar offense committed in another jurisdiction
  337  which would be an offense under subparagraph 1. if it had been
  338  committed in this state.
  339         (c) “Murder” means any of the following:
  340         1. A violation of any of the following sections which
  341  results in the actual killing of a human being:
  342         a. Section 782.04(1) or (2).
  343         b. Section 782.09.
  344         2. Any similar offense committed in another jurisdiction
  345  which would be an offense listed in subparagraph 1. if it had
  346  been committed in this state.
  347         (3) The department may verify whether a person who has been
  348  convicted of a felony offense and subsequently registers or
  349  applies register to vote has completed all the terms of his or
  350  her sentence as required by this section.
  351         (4) The department is authorized to adopt rules and
  352  prescribe forms to carry out the purposes of this section.
  353         Section 6. Section 940.061, Florida Statutes, is amended to
  354  read:
  355         940.061 Informing persons about executive clemency, and
  356  restoration of civil rights, and restoration of voting rights.
  357  The Department of Corrections shall inform and educate inmates
  358  and offenders on community supervision about the restoration of
  359  civil rights and the restoration of voting rights resulting from
  360  the removal of the disqualification to vote pursuant to s. 4,
  361  Art. VI of the State Constitution. Each month, the Department of
  362  Corrections shall send to the Florida Commission on Offender
  363  Review by electronic means a list of the names of inmates who
  364  have been released from incarceration and offenders who have
  365  been terminated from supervision who may be eligible for
  366  restoration of civil rights.
  367         Section 7. Subsection (1) of section 944.292, Florida
  368  Statutes, is amended to read:
  369         944.292 Suspension of civil rights.—
  370         (1) Upon conviction of a felony as defined in s. 10, Art. X
  371  of the State Constitution, the civil rights of the person
  372  convicted shall be suspended in Florida until such rights are
  373  restored by a full pardon, conditional pardon, or restoration of
  374  civil rights granted pursuant to s. 8, Art. IV of the State
  375  Constitution. Notwithstanding the suspension of civil rights,
  376  such a convicted person may obtain restoration of his or her
  377  voting rights pursuant to s. 4, Art. VI of the State
  378  Constitution and s. 98.0751.
  379         Section 8. Subsection (6) of section 944.705, Florida
  380  Statutes, is amended to read:
  381         944.705 Release orientation program.—
  382         (6)(a) The department shall notify every inmate, in no less
  383  than 18-point type in the inmate’s release documents:,
  384         1.Of all outstanding terms of the inmate’s sentence at the
  385  time of release to assist the inmate in determining his or her
  386  status with regard to the completion of all terms of sentence,
  387  as that term is defined in s. 98.0751. This subparagraph does
  388  not apply to inmates who are being released from the custody of
  389  the department to any type of supervision monitored by the
  390  department; and
  391         2. In not less than 18-point type, that the inmate may be
  392  sentenced pursuant to s. 775.082(9) if the inmate commits any
  393  felony offense described in s. 775.082(9) within 3 years after
  394  the inmate’s release. This notice must be prefaced by the word
  395  “WARNING” in boldfaced type.
  396         (b) Nothing in This section does not preclude precludes the
  397  sentencing of a person pursuant to s. 775.082(9), and nor shall
  398  evidence that the department failed to provide this notice does
  399  not prohibit a person from being sentenced pursuant to s.
  400  775.082(9). The state is shall not be required to demonstrate
  401  that a person received any notice from the department in order
  402  for the court to impose a sentence pursuant to s. 775.082(9).
  403         Section 9. Section 948.041, Florida Statutes, is created to
  404  read:
  405         948.041 Notification of outstanding terms of sentence upon
  406  termination of probation or community control.—Upon the
  407  termination of an offender’s term of probation or community
  408  control, the department must notify the offender in writing of
  409  all outstanding terms at the time of termination to assist the
  410  offender in determining his or her status with regard to the
  411  completion of all terms of sentence, as that term is defined in
  412  s. 98.0751.
  413         Section 10. Subsection (1) of section 951.29, Florida
  414  Statutes, is amended to read:
  415         951.29 Procedure for requesting restoration of civil rights
  416  of county prisoners convicted of felonies.—
  417         (1) With respect to a person who has been convicted of a
  418  felony and is serving a sentence in a county detention facility,
  419  the administrator of the county detention facility shall provide
  420  the following to the prisoner, at least 2 weeks before
  421  discharge, if possible:,
  422         (a) An application form obtained from the Florida
  423  Commission on Offender Review which the prisoner must complete
  424  in order to begin the process of having his or her civil rights
  425  restored;.
  426         (b) Information explaining voting rights restoration
  427  pursuant to s. 4, Art. VI of the State Constitution; and
  428         (c) Written notification of all outstanding terms of the
  429  prisoner’s sentence at the time of release to assist the
  430  prisoner in determining his or her status with regard to the
  431  completion of all terms of sentence, as that term is defined in
  432  s. 98.0751.
  433         Section 11. Restoration of Voting Rights Work Group.—The
  434  Restoration of Voting Rights Work Group is created within the
  435  Department of State for the purpose of conducting a
  436  comprehensive review of the department’s process of verifying
  437  registered voters, applicants, or potential applicants who have
  438  been convicted of a felony, but who may be eligible for
  439  restoration of voting rights under s. 4, Article VI of the State
  440  Constitution.
  441         (1) MEMBERSHIP.—The work group is comprised of the
  442  following members:
  443         (a) The Secretary of State or his or her designee, who
  444  shall serve as chair for the work group.
  445         (b) The Secretary of Corrections or his or her designee.
  446         (c) The executive director of the Department of Law
  447  Enforcement or his or her designee.
  448         (d) The Chairman of the Florida Commission on Offender
  449  Review or his or her designee.
  450         (e) Two clerks of the circuit court appointed by the
  451  Governor.
  452         (f) Two supervisors of elections appointed by the Governor.
  453         (2) TERMS OF MEMBERSHIP.—Appointments to the work group
  454  shall be made within 30 days of the effective date of this act.
  455  All members shall serve for the duration of the work group. Any
  456  vacancy shall be filled by the original appointing authority for
  457  the remainder of the work group’s existence.
  458         (3) DUTIES.—The work group is authorized and directed to
  459  study, evaluate, analyze, and undertake a comprehensive review
  460  of the Department of State’s process of verifying registered
  461  voters, applicants, or potential applicants who have been
  462  convicted of a felony, but who may be eligible for restoration
  463  of voting rights under s. 4, Article VI of the State
  464  Constitution, to develop recommendations for the Legislature,
  465  related to:
  466         (a) The consolidation of all relevant data necessary to
  467  verify the eligibility of a registered voter, applicant, or
  468  potential applicant for restoration of voting rights under s. 4,
  469  Article VI of the State Constitution. If any entity is
  470  recommended to manage the consolidated relevant data, the
  471  recommendations must provide the feasibility of such entity to
  472  manage the consolidated relevant data and a timeline for
  473  implementation of such consolidation.
  474         (b) The process of informing a registered voter, applicant,
  475  or potential applicant of the entity or entities that are
  476  custodians of the relevant data necessary for verifying his or
  477  her eligibility for restoration of voting rights under s. 4,
  478  Article VI of the State Constitution.
  479         (c) Any other relevant policies or procedures for verifying
  480  the eligibility of a registered voter, applicant, or potential
  481  applicant for restoration of voting rights under s. 4, Article
  482  VI of the State Constitution.
  483         (4) REPORT.—The work group shall submit a report of its
  484  findings, conclusions, and recommendations for the Legislature
  485  to the President of the Senate and the Speaker of the House of
  486  Representatives by November 1, 2019. Upon submission of the
  487  report, the work group is dissolved and discharged of further
  488  duties.
  489         (5) STAFFING.—The Department of State shall provide support
  490  for the work group in performing its duties.
  491         (6) PER DIEM AND TRAVEL EXPENSES.—Work group members shall
  492  serve without compensation but are entitled to receive
  493  reimbursement for per diem and travel expenses as provided in s.
  494  112.061, Florida Statutes.
  495         (7) EXPIRATION.—This section expires January 31, 2020.
  496         Section 12. This act shall take effect upon becoming a law.