Florida Senate - 2023 SB 1296
By Senator Thompson
15-00647A-23 20231296__
1 A bill to be entitled
2 An act relating to restoration of voting rights;
3 amending s. 20.32, F.S.; requiring the Florida
4 Commission on Offender Review to develop and maintain
5 a database containing certain information for a
6 certain purpose; requiring certain governmental
7 entities to provide certain information to the
8 commission; requiring the Department of Management
9 Services, acting through the Florida Digital Service,
10 to provide certain technical assistance to the
11 commission; authorizing the department to adopt rules;
12 requiring the commission to make the database
13 available to the public on an Internet website by a
14 certain date; requiring the commission to update the
15 database monthly and publish certain information on
16 the website; requiring the commission to provide a
17 comprehensive plan to the Governor and Legislature by
18 a certain date; providing requirements for the
19 comprehensive plan; providing that a person who takes
20 certain actions in reasonable reliance on the database
21 may not be charged with certain violations of criminal
22 law; requiring the commission to adopt rules;
23 providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsection (4) is added to section 20.32,
28 Florida Statutes, to read:
29 20.32 Florida Commission on Offender Review.—
30 (4)(a) For the purpose of assisting a person who has been
31 disqualified from voting based on a felony conviction other than
32 murder or a felony sexual offense in determining whether he or
33 she has met the requirements under s. 98.0751 to have his or her
34 voting rights restored pursuant to s. 4, Art. VI of the State
35 Constitution, the Florida Commission on Offender Review shall
36 develop and maintain a database that contains for each such
37 person all of the following information:
38 1. His or her name and any other personal identifying
39 information.
40 2. The remaining length of any term of supervision,
41 including, but not limited to, probation, community control, or
42 parole, ordered by a court as a part of his or her sentence.
43 3. The remaining amount of any restitution owed to a victim
44 as ordered by a court as a part of his or her sentence.
45 4. The remaining amount due of any fines or fees that were
46 initially ordered by a court as a part of his or her sentence or
47 as a condition of any form of supervision, including, but not
48 limited to, probation, community control, or parole.
49 5. The completion status of any other term ordered by a
50 court as a part of his or her sentence.
51 6. Any other information needed to determine whether he or
52 she has met the requirements for restoration of voting rights
53 under s. 98.0751.
54 (b) The Department of State, the Department of Corrections,
55 the clerks of the circuit courts, the county comptrollers, and
56 the Board of Executive Clemency shall monthly provide to the
57 commission any information held by these governmental entities
58 which is required under paragraph (a).
59 (c) The Department of Management Services, acting through
60 the Florida Digital Service, shall provide any technical
61 assistance necessary for the commission to develop and maintain
62 the database. The Department of Management Services may adopt
63 rules to provide such assistance.
64 (d) By July 1, 2026, the commission shall make the database
65 available to the public on an Internet website. The commission
66 must update the database monthly with the information received
67 from each governmental entity under paragraph (b). The
68 commission shall publish on the website clear instructions that
69 a person who has been disqualified from voting based on a felony
70 conviction other than murder or a felony sexual offense may
71 follow to have his or her voting rights restored and to register
72 to vote.
73 (e) By July 1, 2024, the commission shall provide a
74 comprehensive plan to the Governor, the President of the Senate,
75 and the Speaker of the House of Representatives which includes
76 the following:
77 1. The governmental entities from which and the methods by
78 which the commission shall collect, centralize, analyze, and
79 secure the information required to be included in the database.
80 2. A description of any infrastructure and services,
81 including, but not limited to, software, hardware, and
82 information technology services, that may be necessary to create
83 and maintain the database.
84 3. The anticipated number of additional employees necessary
85 for:
86 a. The commission to develop and maintain the database.
87 b. A governmental entity to provide the information
88 required under paragraph (b).
89 c. The Florida Digital Service to provide the assistance
90 required under paragraph (c).
91 4. The anticipated cost to initially develop the database;
92 the annual cost to maintain the database; and the annual
93 appropriation required to fund the anticipated costs incurred by
94 the commission, each governmental entity, and the Florida
95 Digital Service.
96 5. Any legal authority necessary for the commission to
97 develop and maintain the database.
98 6. Draft legislation to implement the comprehensive plan.
99 (f) Notwithstanding any law to the contrary, a person who
100 registers to vote or who votes in reasonable reliance on
101 information contained in the database indicating that his or her
102 voting rights have been restored pursuant to s. 4, Art. VI of
103 the State Constitution has an affirmative right to register and
104 to vote and may not be charged with a violation of any criminal
105 law of this state related to fraudulently voting or registering
106 to vote.
107 (g) The commission shall adopt rules to implement this
108 subsection.
109 Section 2. This act shall take effect July 1, 2023.