HB 1537

1
A bill to be entitled
2An act relating to voting rights; amending s. 14.28,
3F.S.; requiring that records developed or maintained
4by a state agency pursuant to an investigation by the
5Board of Executive Clemency be released to the person
6who is the subject of such investigation or his or her
7legal representative; authorizing public access to
8certain data; creating s. 97.017, F.S.; requiring that
9an authorized agent of the Division of Elections
10provide to the Governor the necessary voter
11registration applications and other forms required for
12the restoration of a convicted felon's voting rights
13before the convicted felon is released from
14supervision; requiring the authorized agent to perform
15certain tasks; amending s. 98.045, F.S.; providing
16that any information indicating that a person's civil
17rights have been restored through the executive
18clemency process be considered a written request from
19that person to have his or her name placed back into
20the statewide voter registration system; requiring
21that the supervisor of elections perform certain
22tasks; amending s. 98.065, F.S.; requiring that a
23supervisor of elections who receives certain
24information from the Office of Executive Clemency send
25an address-confirmation notice to the address at which
26the subject voter was last registered; providing for
27the immediate addition of names to the statewide voter
28registration system under certain circumstances;
29amending s. 98.0755, F.S.; providing an exemption from
30payment of costs for a trial in which a person appeals
31a determination of ineligibility to register to vote;
32amending s. 98.081, F.S.; providing for the
33restoration of the names of certain individuals to the
34statewide voter registration system under certain
35circumstances, even if the registration period for a
36given election is closed; amending s. 98.093, F.S.;
37including a list of persons whose civil rights have
38been restored among the required information that must
39be furnished by state and local government agencies to
40the Department of State; requiring that the department
41identify certain individuals upon receipt of such
42list; requiring that the board furnish certain
43information to each supervisor of elections; amending
44s. 104.051, F.S.; providing that any department
45employee who attempts to influence or interfere with
46any elector voting a ballot commits a felony of the
47third degree; creating s. 940.09, F.S.; requiring that
48the office provide a voter registration applicant who
49has been granted clemency with a certified copy of the
50applicant's certificate of rights restoration free of
51charge and without delay; creating s. 940.066, F.S.;
52requiring that the division inform and educate certain
53persons about voting and the voting process, and
54provide such persons with voter registration
55applications on a certain date; amending s. 945.10,
56F.S.; authorizing access to certain data, even if such
57data were considered confidential when originally
58transferred to the office; providing an effective
59date.
60
61Be It Enacted by the Legislature of the State of Florida:
62
63     Section 1.  Section 14.28, Florida Statutes, is amended to
64read:
65     14.28  Executive clemency.--All records developed or
66received by any state entity pursuant to a Board of Executive
67Clemency investigation shall be confidential and exempt from the
68provisions of s. 119.07(1) and s. 24(a), Art. I of the State
69Constitution. However, such records shall may be released to the
70person who is the subject of such investigation or his or her
71legal representative upon request by such person or legal
72representative upon the approval of the Governor. This section
73does not deny any person access to data that is transferred to
74the Office of Executive Clemency regarding felons whose civil
75rights have been restored.
76     Section 2.  Section 97.017, Florida Statutes, is created to
77read:
78     97.017  Initiation of restoration of voting rights for
79those persons whose civil rights have been restored.--Before a
80convicted felon is discharged from supervision, an authorized
81agent of the Division of Elections shall provide to the Governor
82the necessary voter registration applications and other forms
83required for the restoration of that individual's voting rights.
84The authorized agent shall assist the offender in completing
85these forms and shall ensure that the application and all
86necessary materials are forwarded to the department after the
87person is granted executive clemency or pardon.
88     Section 3.  Present subsections (3), (4), and (5) of
89section 98.045, Florida Statutes, are renumbered as subsections
90(4), (5), and (6), respectively, and a new subsection (3) is
91added to that section, to read:
92     98.045  Administration of voter registration.--
93     (3)  RESTORATION OF REGISTERED VOTERS.--
94     (a)  Any information indicating that a person has had his
95or her civil rights restored through the executive clemency
96process after a registered voter's name is removed from
97registration list pursuant to s. 98.065 or s. 98.075 shall be
98considered as a written request from that person to have his or
99her name restored in the statewide voter registration system.
100The corresponding supervisor of elections shall verify the
101continued eligibility of such person to vote in that county.
102     (b)  The supervisor of elections for each county shall
103forward voter registration information to any person to whom
104clemency has been granted.
105     Section 4.  Paragraph (a) of subsection (4) and subsection
106(5) of section 98.065, Florida Statutes, are amended to read:
107     98.065  Registration list maintenance programs.--
108     (4)(a)  If the supervisor receives change-of-address
109information pursuant to the activities conducted in subsection
110(2), from jury notices signed by the voter and returned to the
111courts, from the Department of Highway Safety and Motor Vehicles
112or the Office of Executive Clemency, or from other sources,
113which information indicates that the legal address of a
114registered voter might have changed, the supervisor shall send
115by forwardable return-if-undeliverable mail an address
116confirmation notice to the address at which the voter was last
117registered. A supervisor may also send an address confirmation
118notice to any voter who the supervisor has reason to believe has
119moved from his or her legal residence.
120     (5)  A notice may not be issued pursuant to this section
121and a voter's name may not be removed from the statewide voter
122registration system later than 90 days before prior to the date
123of a federal election. However, this section does not preclude
124the removal or addition of the name of a voter from the
125statewide voter registration system at any time upon the voter's
126written request, by reason of the voter's death, or upon a
127determination of the voter's ineligibility as provided in s.
12898.075(7), or upon the granting of executive clemency.
129     Section 5.  Section 98.0755, Florida Statutes, is amended
130to read:
131     98.0755  Appeal of determination of ineligibility.--Appeal
132of the supervisor's determination of ineligibility pursuant to
133s. 98.075(7) may be taken to the circuit court in and for the
134county where the person was registered. Notice of appeal must be
135filed within the time and in the manner provided by the Florida
136Rules of Appellate Procedure and acts as supersedeas. Trial in
137the circuit court is de novo and governed by the rules of that
138court. Unless the person can show that his or her name was
139erroneously or illegally removed from the statewide voter
140registration system, that his or her name was improperly or
141illegally omitted from the voter registration system upon the
142proper granting of executive clemency and forwarding of
143information to election officials, or that he or she is
144indigent, the person must bear the costs of the trial in the
145circuit court. Otherwise, the cost of the appeal must be paid by
146the supervisor of elections.
147     Section 6.  Section 98.081, Florida Statutes, is amended to
148read:
149     98.081  Names removed from the statewide voter registration
150system; restrictions on reregistering; recordkeeping;
151restoration of erroneously or illegally removed names.--
152     (1)  If When the name of any elector is removed from the
153statewide voter registration system pursuant to s. 98.065 or s.
15498.075, the elector's original registration application shall be
155retained by the supervisor of elections having custody of the
156application. Alternatively As alternatives, registrations
157removed from the statewide voter registration system may be
158microfilmed and such microfilms substituted for the original
159registration applications. If; or, when voter registration
160information, including the voter's signature, is maintained
161digitally or on electronic, magnetic, or optic media, such
162stored information may be substituted for the original
163registration application. Such microfilms or stored information
164shall be retained by the supervisor of elections having custody.
165If In the event the original registration applications are
166microfilmed or maintained digitally or on electronic or other
167media, such originals may be destroyed in accordance with the
168schedule approved by the Bureau of Archives and Records
169Management of the Division of Library and Information Services
170of the department.
171     (2)  If When the name of any elector has been erroneously
172or illegally removed from the statewide voter registration
173system, the name of the elector shall be restored by a voter
174registration official upon satisfactory proof, even though the
175registration period for that election is closed.
176     (3)  If the name of any eligible person has not been
177properly restored or added to the statewide voter registration
178system, a voter registration official shall restore the name of
179that eligible person immediately upon satisfactory proof of
180clemency or other qualifying basis, even if the registration
181period for that election is closed.
182     Section 7.  Section 98.093, Florida Statutes, is amended to
183read:
184     98.093  Duty of officials to furnish lists of deceased
185persons, persons adjudicated mentally incapacitated, and persons
186convicted of a felony, and persons whose civil rights have been
187restored.--
188     (1)  In order to ensure the maintenance of accurate and
189current voter registration records, it is necessary for the
190department to receive certain information from state and federal
191officials and entities. The department and supervisors of
192elections shall use the information provided from the sources in
193subsection (2) to maintain the voter registration records.
194     (2)  To the maximum extent feasible, state and local
195government agencies shall facilitate provision of information
196and access to data to the department, including, but not limited
197to, databases that contain reliable criminal records and records
198of deceased persons. State and local government agencies that
199provide such data shall do so without charge if the direct cost
200incurred by those agencies is not significant.
201     (a)  The Department of Health shall furnish monthly to the
202department a list containing the name, address, date of birth,
203date of death, social security number, race, and sex of each
204deceased person 17 years of age or older.
205     (b)  Each clerk of the circuit court shall furnish monthly
206to the department a list of those persons who have been
207adjudicated mentally incapacitated with respect to voting during
208the preceding calendar month, a list of those persons whose
209mental capacity with respect to voting has been restored during
210the preceding calendar month, and a list of those persons who
211have returned signed jury notices during the preceding months to
212the clerk of the circuit court indicating a change of address.
213Each list shall include the name, address, date of birth, race,
214sex, and, whichever is available, the Florida driver's license
215number, Florida identification card number, or social security
216number of each such person.
217     (c)  Upon receipt of information from the United States
218Attorney, listing persons convicted of a felony in federal
219court, the department shall use such information to identify
220registered voters or applicants for voter registration who may
221be potentially ineligible based on information provided in
222accordance with s. 98.075.
223     (d)  The Department of Law Enforcement shall identify those
224persons who have been convicted of a felony who appear in the
225voter registration records supplied by the statewide voter
226registration system, in a time and manner that enables the
227department to meet its obligations under state and federal law.
228     (e)  The Board of Executive Clemency shall furnish monthly
229to the department and each supervisor of elections a list of
230those persons granted clemency in the preceding month or any
231updates to prior records which have occurred in the preceding
232month. The list shall contain the Board of Executive Clemency
233case number, name, address, telephone number, date of birth,
234race, sex, social security number, if available, and references
235to record identifiers assigned by the Department of Corrections,
236a unique identifier of each clemency case, and the effective
237date of clemency of each person.
238     (f)  The Department of Corrections shall furnish monthly to
239the department a list of those persons transferred to the
240Department of Corrections in the preceding month or any updates
241to prior records which have occurred in the preceding month. The
242list shall contain the name, address, date of birth, race, sex,
243social security number, Department of Corrections record
244identification number, and associated Department of Law
245Enforcement felony conviction record number of each person.
246     (g)  The Department of Highway Safety and Motor Vehicles
247shall furnish monthly to the department a list of those persons
248whose names have been removed from the driver's license database
249because they have been licensed in another state. The list shall
250contain the name, address, date of birth, sex, social security
251number, and driver's license number of each such person.
252     (h)  Upon receipt of a list of persons whose civil rights
253have been restored from the Office of Executive Clemency, the
254department shall identify formerly registered voters or
255registrants who are now eligible to reregister.
256     (3)  Nothing in this section shall limit or restrict the
257supervisor in his or her duty to remove or restore the names of
258persons from the statewide voter registration system pursuant to
259s. 98.075(7) based upon information received from other sources.
260     Section 8.  Subsection (4) of section 104.051, Florida
261Statutes, is amended to read:
262     104.051  Violations; neglect of duty; corrupt practices.--
263     (4)  Any supervisor, deputy supervisor, or election
264employee, or department employee who attempts to influence or
265interfere with any elector voting a ballot commits a felony of
266the third degree, punishable as provided in s. 775.082, s.
267775.083, or s. 775.084.
268     Section 9.  Section 940.09, Florida Statutes, is created to
269read:
270     940.09  Copy of certificate of rights restoration to be
271furnished free of charge.--If any voter registration applicant
272who has been granted executive clemency is required to supply a
273copy or certified copy of the applicant's certificate of rights
274restoration, the Office of Executive Clemency shall furnish such
275documentation to the applicant free of charge and without delay.
276     Section 10.  Section 940.066, Florida Statutes, is created
277to read:
278     940.066  Informing persons about executive clemency and
279restoration of civil rights.--The Division of Elections shall
280inform and educate persons whose civil rights have been restored
281about voting and the voting process, and provide such persons
282with voter registration applications on the date on which
283clemency is granted.
284     Section 11.  Paragraph (i) is added to subsection (1) of
285section 945.10, Florida Statutes, to read:
286     945.10  Confidential information.--
287     (1)  Except as otherwise provided by law or in this
288section, the following records and information held by the
289Department of Corrections are confidential and exempt from the
290provisions of s. 119.07(1) and s. 24(a), Art. I of the State
291Constitution:
292     (i)  This section does not prohibit access to data
293regarding felons convicted of nonviolent offenses who have been
294granted clemency, even if such data were considered confidential
295when originally transferred to the Office of Executive Clemency.
296     Section 12.  This act shall take effect July 1, 2008.


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