Florida Senate - 2026                                     SB 748
       
       
        
       By Senator Bracy Davis
       
       
       
       
       
       15-01216-26                                            2026748__
    1                        A bill to be entitled                      
    2         An act relating to notice of restoration of voting
    3         rights information on sentencing scoresheets; amending
    4         s. 921.0024, F.S.; specifying information to be
    5         provided on sentencing scoresheets concerning
    6         restoration of voting rights; requiring that a
    7         scoresheet be provided to a defendant before a
    8         sentence is imposed; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraphs (c) and (d) are added to subsection
   13  (1) of section 921.0024, Florida Statutes, to read:
   14         921.0024 Criminal Punishment Code; worksheet computations;
   15  scoresheets.—
   16         (1)
   17         (c)NOTICE CONCERNING VOTING RIGHTS:
   18         Article VI, s. 4(a) and (b) of the Florida Constitution
   19  provide the following concerning voting rights:
   20         SECTION 4.Disqualifications.—
   21         (a)No person convicted of a felony, or adjudicated in this
   22  or any other state to be mentally incompetent, shall be
   23  qualified to vote or hold office until restoration of civil
   24  rights or removal of disability. Except as provided in
   25  subsection (b) of this section, any disqualification from voting
   26  arising from a felony conviction shall terminate and voting
   27  rights shall be restored upon completion of all terms of
   28  sentence including parole or probation.
   29         (b)No person convicted of murder or a felony sexual
   30  offense shall be qualified to vote until restoration of civil
   31  rights.
   32  
   33         Section 98.0751 of the Florida Statutes provides the
   34  following concerning restoration of voting rights:
   35         98.0751Restoration of voting rights; termination of
   36  ineligibility subsequent to a felony conviction.—
   37         (1)A person who has been disqualified from voting based on
   38  a felony conviction for an offense other than murder or a felony
   39  sexual offense must have such disqualification terminated and
   40  his or her voting rights restored pursuant to s. 4, Art. VI of
   41  the State Constitution upon the completion of all terms of his
   42  or her sentence, including parole or probation. The voting
   43  disqualification does not terminate unless a person’s civil
   44  rights are restored pursuant to s. 8, Art. IV of the State
   45  Constitution if the disqualification arises from a felony
   46  conviction of murder or a felony sexual offense, or if the
   47  person has not completed all terms of sentence, as specified in
   48  subsection (2).
   49         (2)For purposes of this section, the term:
   50         (a)“Completion of all terms of sentence” means any portion
   51  of a sentence that is contained in the four corners of the
   52  sentencing document, including, but not limited to:
   53         1.Release from any term of imprisonment ordered by the
   54  court as a part of the sentence;
   55         2.Termination from any term of probation or community
   56  control ordered by the court as a part of the sentence;
   57         3.Fulfillment of any term ordered by the court as a part
   58  of the sentence;
   59         4.Termination from any term of any supervision, which is
   60  monitored by the Florida Commission on Offender Review,
   61  including, but not limited to, parole; and
   62         5.a.Full payment of restitution ordered to a victim by the
   63  court as a part of the sentence. A victim includes, but is not
   64  limited to, a person or persons, the estate or estates thereof,
   65  an entity, the state, or the Federal Government.
   66         b.Full payment of fines or fees ordered by the court as a
   67  part of the sentence or that are ordered by the court as a
   68  condition of any form of supervision, including, but not limited
   69  to, probation, community control, or parole.
   70         c.The financial obligations required under sub
   71  subparagraph a. or sub-subparagraph b. include only the amount
   72  specifically ordered by the court as part of the sentence and do
   73  not include any fines, fees, or costs that accrue after the date
   74  the obligation is ordered as a part of the sentence.
   75         d.For the limited purpose of addressing a plea for relief
   76  pursuant to sub-subparagraph e. and notwithstanding any other
   77  statute, rule, or provision of law, a court may not be
   78  prohibited from modifying the financial obligations of an
   79  original sentence required under sub-subparagraph a. or sub
   80  subparagraph b. Such modification shall not infringe on a
   81  defendant’s or a victim’s rights provided in the United States
   82  Constitution or the State Constitution.
   83         e.Financial obligations required under sub-subparagraph a.
   84  or sub-subparagraph b. are considered completed in the following
   85  manner or in any combination thereof:
   86         (I)Actual payment of the obligation in full.
   87         (II)Upon the payee’s approval, either through appearance
   88  in open court or through the production of a notarized consent
   89  by the payee, the termination by the court of any financial
   90  obligation to a payee, including, but not limited to, a victim,
   91  or the court.
   92         (III)Completion of all community service hours, if the
   93  court, unless otherwise prohibited by law or the State
   94  Constitution, converts the financial obligation to community
   95  service.
   96  
   97  A term required to be completed in accordance with this
   98  paragraph shall be deemed completed if the court modifies the
   99  original sentencing order to no longer require completion of
  100  such term. The requirement to pay any financial obligation
  101  specified in this paragraph is not deemed completed upon
  102  conversion to a civil lien.
  103         (b)“Felony sexual offense” means any of the following:
  104         1.Any felony offense that serves as a predicate to
  105  registration as a sexual offender in accordance with s.
  106  943.0435;
  107         2.Section 491.0112 [sexual misconduct by a
  108  psychotherapist];
  109         3.Section 784.049(3)(b) or (4) [sexual cyberharassment by
  110  a person with a prior sexual cyberharassment conviction or
  111  sexual cyberharassment when committed for the purpose of
  112  pecuniary or any other financial gain];
  113         4.Section 794.08 [female genital mutilation];
  114         5.Section 796.08 [criminal transmission of HIV];
  115         6.Section 800.101 [offenses against students by authority
  116  figures];
  117         7.Section 826.04 [incest];
  118         8.Section 847.012 [sale or distribution of material
  119  harmful to minors or using minors in production];
  120         9.Section 872.06(2) [abuse of a dead body];
  121         10.Section 944.35(3)(b)2. [sexual abuse of a prisoner];
  122         11.Section 951.221(1) [sexual misconduct between detention
  123  facility employees and inmates]; or
  124         12.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         (c)“Murder” means either of the following:
  128         1.A violation of any of the following sections which
  129  results in the actual killing of a human being:
  130         a.Section 775.33(4) [terrorism resulting in death].
  131         b.Section 782.04(1), (2), or (3) [murder].
  132         c.Section 782.09 [killing of unborn child by injury to
  133  mother].
  134         2.Any similar offense committed in another jurisdiction
  135  which would be an offense listed in this paragraph if it had
  136  been committed in violation of the laws of this state.
  137         (3)(a)The department shall obtain and review information
  138  pursuant to s. 98.075(5) related to a person who registers to
  139  vote and make an initial determination on whether such
  140  information is credible and reliable regarding whether the
  141  person is eligible pursuant to s. 4, Art. VI of the State
  142  Constitution and this section. Upon making an initial
  143  determination of the credibility and reliability of such
  144  information, the department [of State] shall forward such
  145  information to the supervisor of elections pursuant to s.
  146  98.075.
  147         (b)A local supervisor of elections shall verify and make a
  148  final determination pursuant to s. 98.075 regarding whether the
  149  person who registers to vote is eligible pursuant to s. 4, Art.
  150  VI of the State Constitution and this section.
  151         (c)The supervisor of elections may request additional
  152  assistance from the department [of State] in making the final
  153  determination, if necessary.
  154         (4)For the purpose of determining a voter registrant’s
  155  eligibility, the provisions of this section shall be strictly
  156  construed. If a provision is susceptible to differing
  157  interpretations, it shall be construed in favor of the
  158  registrant.
  159  
  160         (d)In order for a defendant to receive notice of the
  161  impact of his or her sentence on voter eligibility, each
  162  defendant must receive a copy of the scoresheet containing the
  163  notice in paragraph (c) before a sentence is imposed.
  164         Section 2. This act shall take effect July 1, 2026.