Florida Senate - 2023                                    SB 1696
       By Senator Jones
       34-00969-23                                           20231696__
    1                        A bill to be entitled                      
    2         An act relating to restoration of voting rights
    3         information on sentencing scoresheets; amending s.
    4         921.0024, F.S.; specifying information to be provided
    5         on sentencing scoresheets concerning restoration of
    6         voting rights; providing an effective date.
    8  Be It Enacted by the Legislature of the State of Florida:
   10         Section 1. Paragraph (c) is added to subsection (1) of
   11  section 921.0024, Florida Statutes, to read:
   12         921.0024 Criminal Punishment Code; worksheet computations;
   13  scoresheets.—
   14         (1)
   16         Subsections 4(a) and (b) of Art. VI of the State
   17  Constitution provide the following concerning voting rights:
   18         SECTION 4.Disqualifications.—
   19         (a)No person convicted of a felony, or adjudicated in this
   20  or any other state to be mentally incompetent, shall be
   21  qualified to vote or hold office until restoration of civil
   22  rights or removal of disability. Except as provided in
   23  subsection (b) of this section, any disqualification from voting
   24  arising from a felony conviction shall terminate and voting
   25  rights shall be restored upon completion of all terms of
   26  sentence including parole or probation.
   27         (b)No person convicted of murder or a felony sexual
   28  offense shall be qualified to vote until restoration of civil
   29  rights.
   31         Section 98.0751, Florida Statutes, provides the following
   32  concerning restoration of voting rights:
   33         98.0751 Restoration of voting rights; termination of
   34  ineligibility subsequent to a felony conviction.—
   35         (1) A person who has been disqualified from voting based on
   36  a felony conviction for an offense other than murder or a felony
   37  sexual offense must have such disqualification terminated and
   38  his or her voting rights restored pursuant to s. 4, Art. VI of
   39  the State Constitution upon the completion of all terms of his
   40  or her sentence, including parole or probation. The voting
   41  disqualification does not terminate unless a person’s civil
   42  rights are restored pursuant to s. 8, Art. IV of the State
   43  Constitution if the disqualification arises from a felony
   44  conviction of murder or a felony sexual offense, or if the
   45  person has not completed all terms of sentence, as specified in
   46  subsection (2).
   47         (2) For purposes of this section, the term:
   48         (a) “Completion of all terms of sentence” means any portion
   49  of a sentence that is contained in the four corners of the
   50  sentencing document, including, but not limited to:
   51         1. Release from any term of imprisonment ordered by the
   52  court as a part of the sentence;
   53         2. Termination from any term of probation or community
   54  control ordered by the court as a part of the sentence;
   55         3. Fulfillment of any term ordered by the court as a part
   56  of the sentence;
   57         4. Termination from any term of any supervision, which is
   58  monitored by the Florida Commission on Offender Review,
   59  including, but not limited to, parole; and
   60         5.a. Full payment of restitution ordered to a victim by the
   61  court as a part of the sentence. A victim includes, but is not
   62  limited to, a person or persons, the estate or estates thereof,
   63  an entity, the state, or the Federal Government.
   64         b. Full payment of fines or fees ordered by the court as a
   65  part of the sentence or that are ordered by the court as a
   66  condition of any form of supervision, including, but not limited
   67  to, probation, community control, or parole.
   68         c. The financial obligations required under sub
   69  subparagraph a. or sub-subparagraph b. include only the amount
   70  specifically ordered by the court as part of the sentence and do
   71  not include any fines, fees, or costs that accrue after the date
   72  the obligation is ordered as a part of the sentence.
   73         d. For the limited purpose of addressing a plea for relief
   74  pursuant to sub-subparagraph e. and notwithstanding any other
   75  statute, rule, or provision of law, a court may not be
   76  prohibited from modifying the financial obligations of an
   77  original sentence required under sub-subparagraph a. or sub
   78  subparagraph b. Such modification shall not infringe on a
   79  defendant’s or a victim’s rights provided in the United States
   80  Constitution or the State Constitution.
   81         e. Financial obligations required under sub-subparagraph a.
   82  or sub-subparagraph b. are considered completed in the following
   83  manner or in any combination thereof:
   84         (I) Actual payment of the obligation in full.
   85         (II) Upon the payee’s approval, either through appearance
   86  in open court or through the production of a notarized consent
   87  by the payee, the termination by the court of any financial
   88  obligation to a payee, including, but not limited to, a victim,
   89  or the court.
   90         (III) Completion of all community service hours, if the
   91  court, unless otherwise prohibited by law or the State
   92  Constitution, converts the financial obligation to community
   93  service.
   95  A term required to be completed in accordance with this
   96  paragraph shall be deemed completed if the court modifies the
   97  original sentencing order to no longer require completion of
   98  such term. The requirement to pay any financial obligation
   99  specified in this paragraph is not deemed completed upon
  100  conversion to a civil lien.
  101         (b) “Felony sexual offense” means any of the following:
  102         1. Any felony offense that serves as a predicate to
  103  registration as a sexual offender in accordance with s.
  104  943.0435;
  105         2. Section 491.0112;
  106         3. Section 784.049(3)(b);
  107         4. Section 794.08;
  108         5. Section 796.08;
  109         6. Section 800.101;
  110         7. Section 826.04;
  111         8. Section 847.012;
  112         9. Section 872.06(2);
  113         10. Section 944.35(3)(b)2.;
  114         11. Section 951.221(1); or
  115         12. Any similar offense committed in another jurisdiction
  116  which would be an offense listed in this paragraph if it had
  117  been committed in violation of the laws of this state.
  118         (c) “Murder” means either of the following:
  119         1. A violation of any of the following sections which
  120  results in the actual killing of a human being:
  121         a. Section 775.33(4).
  122         b. Section 782.04(1), (2), or (3).
  123         c. Section 782.09.
  124         2. Any similar offense committed in another jurisdiction
  125  which would be an offense listed in this paragraph if it had
  126  been committed in violation of the laws of this state.
  127         (3)(a) The department shall obtain and review information
  128  pursuant to s. 98.075(5) related to a person who registers to
  129  vote and make an initial determination on whether such
  130  information is credible and reliable regarding whether the
  131  person is eligible pursuant to s. 4, Art. VI of the State
  132  Constitution and this section. Upon making an initial
  133  determination of the credibility and reliability of such
  134  information, the department shall forward such information to
  135  the supervisor of elections pursuant to s. 98.075.
  136         (b) A local supervisor of elections shall verify and make a
  137  final determination pursuant to s. 98.075 regarding whether the
  138  person who registers to vote is eligible pursuant to s. 4, Art.
  139  VI of the State Constitution and this section.
  140         (c) The supervisor of elections may request additional
  141  assistance from the department in making the final
  142  determination, if necessary.
  143         (4) For the purpose of determining a voter registrant’s
  144  eligibility, the provisions of this section shall be strictly
  145  construed. If a provision is susceptible to differing
  146  interpretations, it shall be construed in favor of the
  147  registrant.
  148         Section 2. This act shall take effect July 1, 2023.