HB 103

1	A bill to be entitled
2	An act relating to restoration of voting rights; providing
3	a short title; providing findings and purpose; creating s.
4	944.294, F.S.; providing for automatic restoration of a
5	former felon's right to vote following completion of his
6	or her sentence of incarceration and community
7	supervision; providing conditions for and exemptions from
8	automatic restoration; providing for education on the
9	voting rights of people with felony convictions; amending
10	ss. 97.052, 97.053, 98.045, 98.075, 98.093, 940.061,
11	944.292, 944.293, and 944.705, F.S., to conform; providing
12	applicability; providing a contingent effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Short title.--This act may be cited as the
17	"Restoration of Voting Rights Act."
18	Section 2.  Findings and purpose.--
19	(1)  FINDINGS.--The Legislature finds that:
20	(a)  Voting is both a fundamental right and a civic duty.
21	Restoring the right to vote strengthens our democracy by
22	increasing voter participation and ensuring fair representation
23	of the diverse constituencies that make up our communities.
24	(b)  Restoring the right to vote helps felons who have
25	completed their sentences to reintegrate into society. Their
26	participation in the most fundamental of democratic practices
27	reinforces their ties to the community and thus helps to prevent
28	recidivism.
29	(c)  Under current law, the state permanently denies the
30	right to vote to all persons convicted of felonies unless they
31	receive discretionary executive clemency.
32	(d)  The restoration of voting rights through the clemency
33	process is cumbersome and costly and produces long delays. The
34	clemency process imposes administrative burdens on the state and
35	economic burdens on state taxpayers, and it should be reserved
36	for extraordinary cases. Streamlining the restoration process
37	for the majority of former offenders will advance administrative
38	efficiency, fiscal responsibility, fairness, and democracy.
39	(2)  PURPOSE.--The purposes of this act are to strengthen
40	democratic institutions by increasing participation in the
41	voting process, help felons who have completed their sentences
42	to become productive members of society, and streamline
43	procedures for restoring the right to vote.
44	Section 3.  Section 944.294, Florida Statutes, is created
45	to read:
46	944.294  Restoration of voting rights.--
47	(1)  A person who has been convicted of a felony, other
48	than those set forth in subsection (3), shall be restored the
49	right to vote upon completion of his or her sentence.
50	(2)  For purposes of this section, "completion of sentence"
51	occurs when a person is released from incarceration upon
52	expiration of his or her sentence and has completed all other
53	terms and conditions of the sentence or subsequent supervision
54	or, if the person has not been incarcerated for the felony
55	offense, has completed all terms and conditions of supervision
56	imposed on him or her.
57	(3)(a)  Persons convicted of crimes defined by the
58	following statutes shall be ineligible for restoration of voting
59	rights under this section:
60	1.  Section 782.04, relating to murder.
61	2.  Section 782.07(3), relating to aggravated manslaughter
62	of a child.
63	3.  Section 794.011, relating to sexual battery.
64	4.  Section 796.03, relating to procuring a person under 18
65	for prostitution.
66	5.  Section 796.035, relating to selling or buying minors
67	into sex trafficking or prostitution.
68	6.  Section 826.04, relating to incest.
69	7.  Section 827.071, relating to sexual performance by a
70	child.
71	8.  Section 847.0145, relating to selling or buying minors.
72	(b)  Persons convicted of treason or whose impeachment has
73	resulted in conviction, as referred to in s. 8, Art. IV of the
74	State Constitution, shall also be ineligible for restoration of
75	voting rights under this section.
76	(4)  Nothing in this section shall be construed to impair
77	the ability of any person convicted of a felony to apply for
78	executive clemency under s. 8, Art. IV of the State
79	Constitution.
80	(5)  A court shall, before accepting a plea of guilty or
81	nolo contendere to a felony without trial or, if a trial is
82	held, before imposing sentence for a felony, notify the
83	defendant as follows:
84	(a)  If the felony is described in subsection (3), that
85	conviction will result in permanent loss of the right to vote
86	unless he or she receives executive clemency under s. 8, Art. IV
87	of the State Constitution.
88	(b)  If the felony is not described in subsection (3), that
89	conviction will result in loss of the right to vote until the
90	defendant completes his or her sentence and that voting rights
91	will be restored thereafter.
92	(6)  The Secretary of State shall ensure that persons who
93	become eligible to vote upon completion of sentence face no
94	continued barriers to registration or voting resulting from
95	their felony convictions.
96	(7)  The Secretary of State shall develop and implement a
97	program to educate attorneys; judges; election officials;
98	corrections officials, including parole and probation officers;
99	and members of the public about the requirements of this
100	section, ensuring that:
101	(a)  Judges are informed of their obligation to notify
102	criminal defendants of the potential loss and restoration of
103	their voting rights as required by subsection (5).
104	(b)  The Department of Corrections, including offices of
105	probation and parole, is prepared to assist people with
106	registering to vote in anticipation of their completion of
107	sentence, including forwarding their completed voter
108	registration forms to the appropriate voter registration
109	official.
110	(c)  Accurate and complete information about the voting
111	rights of people who have been charged with or convicted of
112	crimes, whether disenfranchising or not, is made available
113	through a single publication to government officials and the
114	public.
115	Section 4.  Subsection (2) of section 97.052, Florida
116	Statutes, is amended to read:
117	97.052  Uniform statewide voter registration application.--
118	(2)  The uniform statewide voter registration application
119	must be designed to elicit the following information from the
120	applicant:
121	(a)  Last, first, and middle name, including any suffix.
122	(b)  Date of birth.
123	(c)  Address of legal residence.
124	(d)  Mailing address, if different.
125	(e)  County of legal residence.
126	(f)  Race or ethnicity that best describes the applicant:
127	1.  American Indian or Alaskan Native.
128	2.  Asian or Pacific Islander.
129	3.  Black, not Hispanic.
130	4.  White, not Hispanic.
131	5.  Hispanic.
132	(g)  State or country of birth.
133	(h)  Sex.
134	(i)  Party affiliation.
135	(j)  Whether the applicant needs assistance in voting.
136	(k)  Name and address where last registered.
137	(l)  Last four digits of the applicant's social security
138	number.
139	(m)  Florida driver's license number or the identification
140	number from a Florida identification card issued under s.
141	322.051.
142	(n)  An indication, if applicable, that the applicant has
143	not been issued a Florida driver's license, a Florida
144	identification card, or a social security number.
145	(o)  Telephone number (optional).
146	(p)  Signature of applicant under penalty for false
147	swearing pursuant to s. 104.011, by which the person subscribes
148	to the oath required by s. 3, Art. VI of the State Constitution
149	and s. 97.051, and swears or affirms that the information
150	contained in the registration application is true.
151	(q)  Whether the application is being used for initial
152	registration, to update a voter registration record, or to
153	request a replacement voter information card.
154	(r)  Whether the applicant is a citizen of the United
155	States by asking the question "Are you a citizen of the United
156	States of America?" and providing boxes for the applicant to
157	check to indicate whether the applicant is or is not a citizen
158	of the United States.
159	(s)  Whether the applicant has been convicted of a felony,
160	and, if convicted, has had his or her voting civil rights
161	restored by including the statement "I affirm I am not a
162	convicted felon, or, if I am, my voting rights relating to
163	voting have been restored." and providing a box for the
164	applicant to check to affirm the statement.
165	(t)  Whether the applicant has been adjudicated mentally
166	incapacitated with respect to voting or, if so adjudicated, has
167	had his or her right to vote restored by including the statement
168	"I affirm I have not been adjudicated mentally incapacitated
169	with respect to voting, or, if I have, my competency has been
170	restored." and providing a box for the applicant to check to
171	affirm the statement.
172
173	The registration application must be in plain language and
174	designed so that convicted felons whose voting civil rights have
175	been restored and persons who have been adjudicated mentally
176	incapacitated and have had their voting rights restored are not
177	required to reveal their prior conviction or adjudication.
178	Section 5.  Paragraph (a) of subsection (5) of section
179	97.053, Florida Statutes, is amended to read:
180	97.053  Acceptance of voter registration applications.--
181	(5)(a)  A voter registration application is complete if it
182	contains the following information necessary to establish the
183	applicant's eligibility pursuant to s. 97.041, including:
184	1.  The applicant's name.
185	2.  The applicant's legal residence address.
186	3.  The applicant's date of birth.
187	4.  A mark in the checkbox affirming that the applicant is
188	a citizen of the United States.
189	5.a.  The applicant's current and valid Florida driver's
190	license number or the identification number from a Florida
191	identification card issued under s. 322.051, or
192	b.  If the applicant has not been issued a current and
193	valid Florida driver's license or a Florida identification card,
194	the last four digits of the applicant's social security number.
195
196	In case an applicant has not been issued a current and valid
197	Florida driver's license, Florida identification card, or social
198	security number, the applicant shall affirm this fact in the
199	manner prescribed in the uniform statewide voter registration
200	application.
201	6.  A mark in the checkbox affirming that the applicant has
202	not been convicted of a felony or that, if convicted, has had
203	his or her voting civil rights restored.
204	7.  A mark in the checkbox affirming that the applicant has
205	not been adjudicated mentally incapacitated with respect to
206	voting or that, if so adjudicated, has had his or her right to
207	vote restored.
208	8.  The original signature or a digital signature
209	transmitted by the Department of Highway Safety and Motor
210	Vehicles of the applicant swearing or affirming under the
211	penalty for false swearing pursuant to s. 104.011 that the
212	information contained in the registration application is true
213	and subscribing to the oath required by s. 3, Art. VI of the
214	State Constitution and s. 97.051.
215	Section 6.  Paragraph (c) of subsection (1) of section
216	98.045, Florida Statutes, is amended to read:
217	98.045  Administration of voter registration.--
218	(1)  ELIGIBILITY OF APPLICANT.--The supervisor must ensure
219	that any eligible applicant for voter registration is registered
220	to vote and that each application for voter registration is
221	processed in accordance with law. The supervisor shall determine
222	whether a voter registration applicant is ineligible based on
223	any of the following:
224	(c)  The applicant has been convicted of a felony for which
225	his or her voting civil rights have not been restored.
226	Section 7.  Paragraph (a) of subsection (7) of section
227	98.075, Florida Statutes, is amended to read:
228	98.075  Registration records maintenance activities;
229	ineligibility determinations.--
230	(7)  PROCEDURES FOR REMOVAL.--
231	(a)  If the supervisor receives notice or information
232	pursuant to subsections (4)-(6), the supervisor of the county in
233	which the voter is registered shall:
234	1.  Notify the registered voter of his or her potential
235	ineligibility by mail within 7 days after receipt of notice or
236	information. The notice shall include:
237	a.  A statement of the basis for the registered voter's
238	potential ineligibility and a copy of any documentation upon
239	which the potential ineligibility is based.
240	b.  A statement that failure to respond within 30 days
241	after receipt of the notice may result in a determination of
242	ineligibility and in removal of the registered voter's name from
243	the statewide voter registration system.
244	c.  A return form that requires the registered voter to
245	admit or deny the accuracy of the information underlying the
246	potential ineligibility for purposes of a final determination by
247	the supervisor.
248	d.  A statement that, if the voter is denying the accuracy
249	of the information underlying the potential ineligibility, the
250	voter has a right to request a hearing for the purpose of
251	determining eligibility.
252	e.  Instructions for the registered voter to contact the
253	supervisor of elections of the county in which the voter is
254	registered if assistance is needed in resolving the matter.
255	f.  Instructions for seeking restoration of voting civil
256	rights following a felony conviction, if applicable.
257	2.  If the mailed notice is returned as undeliverable, the
258	supervisor shall publish notice once in a newspaper of general
259	circulation in the county in which the voter was last
260	registered. The notice shall contain the following:
261	a.  The voter's name and address.
262	b.  A statement that the voter is potentially ineligible to
263	be registered to vote.
264	c.  A statement that failure to respond within 30 days
265	after the notice is published may result in a determination of
266	ineligibility by the supervisor and removal of the registered
267	voter's name from the statewide voter registration system.
268	d.  An instruction for the voter to contact the supervisor
269	no later than 30 days after the date of the published notice to
270	receive information regarding the basis for the potential
271	ineligibility and the procedure to resolve the matter.
272	e.  An instruction to the voter that, if further assistance
273	is needed, the voter should contact the supervisor of elections
274	of the county in which the voter is registered.
275	3.  If a registered voter fails to respond to a notice
276	pursuant to subparagraph 1. or subparagraph 2., the supervisor
277	shall make a final determination of the voter's eligibility. If
278	the supervisor determines that the voter is ineligible, the
279	supervisor shall remove the name of the registered voter from
280	the statewide voter registration system. The supervisor shall
281	notify the registered voter of the supervisor's determination
282	and action.
283	4.  If a registered voter responds to the notice pursuant
284	to subparagraph 1. or subparagraph 2. and admits the accuracy of
285	the information underlying the potential ineligibility, the
286	supervisor shall make a final determination of ineligibility and
287	shall remove the voter's name from the statewide voter
288	registration system. The supervisor shall notify the registered
289	voter of the supervisor's determination and action.
290	5.  If a registered voter responds to the notice issued
291	pursuant to subparagraph 1. or subparagraph 2. and denies the
292	accuracy of the information underlying the potential
293	ineligibility but does not request a hearing, the supervisor
294	shall review the evidence and make a final determination of
295	eligibility. If such registered voter requests a hearing, the
296	supervisor shall send notice to the registered voter to attend a
297	hearing at a time and place specified in the notice. Upon
298	hearing all evidence presented at the hearing, the supervisor
299	shall make a determination of eligibility. If the supervisor
300	determines that the registered voter is ineligible, the
301	supervisor shall remove the voter's name from the statewide
302	voter registration system and notify the registered voter of the
303	supervisor's determination and action.
304	Section 8.  Paragraph (g) of subsection (2) of section
305	98.093, Florida Statutes, is redesignated as paragraph (h), and
306	a new paragraph (g) is added to that subsection to read:
307	98.093  Duty of officials to furnish lists of deceased
308	persons, persons adjudicated mentally incapacitated, and persons
309	convicted of a felony.--
310	(2)  To the maximum extent feasible, state and local
311	government agencies shall facilitate provision of information
312	and access to data to the department, including, but not limited
313	to, databases that contain reliable criminal records and records
314	of deceased persons. State and local government agencies that
315	provide such data shall do so without charge if the direct cost
316	incurred by those agencies is not significant.
317	(g)  The Department of Corrections shall furnish monthly to
318	the department a list of those persons who, in the preceding
319	month, have been released from incarceration upon expiration of
320	sentence and have completed all other terms and conditions of
321	the sentence or subsequent supervision, or who were not
322	incarcerated for the felony offense but have completed all terms
323	and conditions of supervision imposed upon them. The Department
324	of Corrections shall also furnish to the department any updates
325	to prior records that have occurred in the preceding month. The
326	list shall contain the name, address, date of birth, race, sex,
327	social security number, Department of Corrections record
328	identification number, and associated Department of Law
329	Enforcement felony conviction record number of each person.
330	Section 9.  Section 940.061, Florida Statutes, is amended
331	to read:
332	940.061  Informing persons about executive clemency and
333	restoration of civil rights.--The Department of Corrections
334	shall inform and educate inmates and offenders on community
335	supervision about:
336	(1)  The restoration of voting rights and assist eligible
337	inmates and offenders on community supervision with the
338	completion of a voter registration application, unless the
339	inmate or offender on community supervision declines such
340	assistance.
341	(2)  The restoration of civil rights and assist eligible
342	inmates and offenders on community supervision with the
343	completion of the application for the restoration of civil
344	rights.
345	Section 10.  Subsection (1) of section 944.292, Florida
346	Statutes, is amended to read:
347	944.292  Suspension of civil rights.--
348	(1)  Upon conviction of a felony as defined in s. 10, Art.
349	X of the State Constitution, the civil rights of the person
350	convicted shall be suspended in Florida until such rights are
351	restored by a full pardon, conditional pardon, or restoration of
352	civil rights granted pursuant to s. 8, Art. IV of the State
353	Constitution or, as to voting rights, until restoration of
354	voting rights pursuant to s. 944.294.
355	Section 11.  Section 944.293, Florida Statutes, is amended
356	to read:
357	944.293  Initiation of restoration of civil rights.--With
358	respect to those persons convicted of a felony, the following
359	procedures procedure shall apply:
360	(1)  Prior to the time an eligible offender is discharged
361	from supervision, an authorized agent of the department shall
362	obtain from the Department of State the necessary application
363	for registering to vote. An authorized agent shall provide this
364	application to the eligible offender and inform him or her that
365	the decision to register to vote is voluntary and that applying
366	to register or declining to register to vote will not affect any
367	term or condition of the offender's supervision.
368	(2)  The authorized agent shall inform the eligible
369	offender of the opportunity to file a complaint with the
370	Secretary of State on the belief that someone has interfered
371	with the offender's right to register or to decline to register
372	to vote, the right to privacy in deciding whether to register or
373	in applying to register to vote, or the right to choose a
374	political party or other political preference. The authorized
375	agent shall provide the address and telephone number of the
376	appropriate office in the Department of State where a complaint
377	may be filed.
378	(3)  The authorized agent shall offer the eligible offender
379	assistance with the voter registration application but shall
380	make clear that the offender may fill out the application in
381	private. Unless the offender declines assistance, the authorized
382	agent shall assist the offender in completing the application
383	and shall ensure that the completed application is forwarded to
384	the appropriate voter registration official before the eligible
385	offender is discharged from supervision.
386	(4)  Prior to the time an offender is discharged from
387	supervision, an authorized agent of the department shall obtain
388	from the Governor the necessary application and other forms
389	required for the restoration of civil rights. The authorized
390	agent shall assist the offender in completing these forms and
391	shall ensure that the application and all necessary material are
392	forwarded to the Governor before the offender is discharged from
393	supervision.
394	Section 12.  Paragraph (g) of subsection (2) of section
395	944.705, Florida Statutes, is redesignated as paragraph (h), and
396	a new paragraph (g) is added to that subsection to read:
397	944.705  Release orientation program.--
398	(2)  The release orientation program instruction must
399	include, but is not limited to:
400	(g)  Restoration of voting rights and restoration of civil
401	rights.
402	Section 13.  This act shall take effect on the effective
403	date of House Joint Resolution 101 or another amendment to the
404	State Constitution which authorizes, or removes impediments to,
405	enactment of this act by the Legislature and shall apply
406	retroactively to all persons who are eligible to vote under its
407	terms, regardless of whether they were convicted or discharged
408	from sentence prior to its effective date.

CODING: Words stricken are deletions; words underlined are additions.