Florida Senate - 2021                                    SB 1932
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00885A-21                                           20211932__
    1                        A bill to be entitled                      
    2         An act relating to restoration of civil and firearm
    3         rights; amending s. 98.0751, F.S.; requiring that a
    4         person who has lost his or her civil rights and rights
    5         to purchase, own, transfer, or use firearms or
    6         ammunition based on a felony conviction for an offense
    7         other than murder, attempted murder, a violent felony
    8         offense, or a felony sexual offense have such
    9         disqualifications terminated upon the completion of
   10         all terms of his or her sentence; defining the term
   11         “violent felony offense”; conforming provisions to
   12         changes made by the act; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 98.0751, Florida Statutes, is amended to
   17  read:
   18         98.0751 Restoration of civil voting rights and firearm and
   19  ammunition rights; termination of ineligibility subsequent to a
   20  felony conviction.—
   21         (1) A person who has lost his or her civil rights and
   22  rights to purchase, own, transfer, or use a firearm or
   23  ammunition been disqualified from voting based on a felony
   24  conviction for an offense other than murder, attempted murder, a
   25  violent felony offense, or a felony sexual offense must have
   26  such disqualifications disqualification terminated and his or
   27  her voting rights restored pursuant to s. 4, Art. VI of the
   28  State Constitution upon the completion of all terms of his or
   29  her sentence, including parole or probation. The civil rights
   30  and firearm and ammunition disqualifications do voting
   31  disqualification does not terminate unless a person’s civil
   32  rights are restored pursuant to s. 8, Art. IV of the State
   33  Constitution if the disqualification arises from a felony
   34  conviction of murder, attempted murder, a violent felony
   35  offense, or a felony sexual offense, or if the person has not
   36  completed all terms of sentence, as specified in subsection (2).
   37         (2) For purposes of this section, the term:
   38         (a) “Completion of all terms of sentence” means any portion
   39  of a sentence that is contained in the four corners of the
   40  sentencing document, including, but not limited to:
   41         1. Release from any term of imprisonment ordered by the
   42  court as a part of the sentence;
   43         2. Termination from any term of probation or community
   44  control ordered by the court as a part of the sentence;
   45         3. Fulfillment of any term ordered by the court as a part
   46  of the sentence;
   47         4. Termination from any term of any supervision, which is
   48  monitored by the Florida Commission on Offender Review,
   49  including, but not limited to, parole; and
   50         5.a. Full payment of restitution ordered to a victim by the
   51  court as a part of the sentence. A victim includes, but is not
   52  limited to, a person or persons, the estate or estates thereof,
   53  an entity, the state, or the Federal Government.
   54         b. Full payment of fines or fees ordered by the court as a
   55  part of the sentence or that are ordered by the court as a
   56  condition of any form of supervision, including, but not limited
   57  to, probation, community control, or parole.
   58         c. The financial obligations required under sub
   59  subparagraph a. or sub-subparagraph b. include only the amount
   60  specifically ordered by the court as part of the sentence and do
   61  not include any fines, fees, or costs that accrue after the date
   62  the obligation is ordered as a part of the sentence.
   63         d. For the limited purpose of addressing a plea for relief
   64  pursuant to sub-subparagraph e. and notwithstanding any other
   65  statute, rule, or provision of law, a court may not be
   66  prohibited from modifying the financial obligations of an
   67  original sentence required under sub-subparagraph a. or sub
   68  subparagraph b. Such modification shall not infringe on a
   69  defendant’s or a victim’s rights provided in the United States
   70  Constitution or the State Constitution.
   71         e. Financial obligations required under sub-subparagraph a.
   72  or sub-subparagraph b. are considered completed in the following
   73  manner or in any combination thereof:
   74         (I) Actual payment of the obligation in full.
   75         (II) Upon the payee’s approval, either through appearance
   76  in open court or through the production of a notarized consent
   77  by the payee, the termination by the court of any financial
   78  obligation to a payee, including, but not limited to, a victim,
   79  or the court.
   80         (III) Completion of all community service hours, if the
   81  court, unless otherwise prohibited by law or the State
   82  Constitution, converts the financial obligation to community
   83  service.
   84  
   85  A term required to be completed in accordance with this
   86  paragraph shall be deemed completed if the court modifies the
   87  original sentencing order to no longer require completion of
   88  such term. The requirement to pay any financial obligation
   89  specified in this paragraph is not deemed completed upon
   90  conversion to a civil lien.
   91         (b) “Felony sexual offense” means any of the following:
   92         1. Any felony offense that serves as a predicate to
   93  registration as a sexual offender in accordance with s.
   94  943.0435;
   95         2. Section 491.0112;
   96         3. Section 784.049(3)(b);
   97         4. Section 794.08;
   98         5. Section 796.08;
   99         6. Section 800.101;
  100         7. Section 826.04;
  101         8. Section 847.012;
  102         9. Section 872.06(2);
  103         10. Section 944.35(3)(b)2.;
  104         11. Section 951.221(1); or
  105         12. Any similar offense committed in another jurisdiction
  106  which would be an offense listed in this paragraph if it had
  107  been committed in violation of the laws of this state.
  108         (c) “Murder” means either of the following:
  109         1. A violation of any of the following sections which
  110  results in the actual killing of a human being:
  111         a. Section 775.33(4).
  112         b. Section 782.04(1), (2), or (3).
  113         c. Section 782.09.
  114         2. Any similar offense committed in another jurisdiction
  115  which would be an offense listed in this paragraph if it had
  116  been committed in violation of the laws of this state.
  117         (d)“Violent felony offense” means the commission of, an
  118  attempt to commit, or a conspiracy to commit any of the
  119  following:
  120         1.Leaving the scene of a crash involving death or serious
  121  bodily injury in violation of s. 316.027.
  122         2.Driving under the influence resulting in death or
  123  serious bodily injury in violation of s. 316.193.
  124         3.An offense enumerated in s. 775.084(1)(c).
  125         4.Failure to register as a sexual predator in violation of
  126  s. 775.21 or as a sexual offender in violation of s. 943.0435.
  127         5.Facilitating or furthering terrorism in violation of s.
  128  775.31.
  129         6.A forcible felony, as defined in s. 776.08.
  130         7.False imprisonment in violation of s. 787.02.
  131         8.Abuse, aggravated abuse, and neglect of an elderly
  132  person or disabled adult in violation of s. 825.102.
  133         9.An offense in violation of chapter 847.
  134         10.Poisoning of food or water in violation of s. 859.01.
  135         11.Abuse of a dead human body in violation of s. 872.06.
  136         12.A first or second degree felony in violation of chapter
  137  893.
  138         13.An offense that requires a person to register as a
  139  sexual offender in accordance with s. 943.0435.
  140         (3)(a) The department shall obtain and review information
  141  pursuant to s. 98.075(5) related to a person who registers to
  142  vote and make an initial determination on whether such
  143  information is credible and reliable regarding whether the
  144  person is eligible pursuant to s. 4, Art. VI of the State
  145  Constitution and this section. Upon making an initial
  146  determination of the credibility and reliability of such
  147  information, the department shall forward such information to
  148  the supervisor of elections pursuant to s. 98.075.
  149         (b) A local supervisor of elections shall verify and make a
  150  final determination pursuant to s. 98.075 regarding whether the
  151  person who registers to vote is eligible pursuant to s. 4, Art.
  152  VI of the State Constitution and this section.
  153         (c) The supervisor of elections may request additional
  154  assistance from the department in making the final
  155  determination, if necessary.
  156         (4) For the purpose of determining a voter registrant’s
  157  eligibility, the provisions of this section shall be strictly
  158  construed. If a provision is susceptible to differing
  159  interpretations, it shall be construed in favor of the
  160  registrant.
  161         Section 2. This act shall take effect July 1, 2021.