House Bill 0265

    Florida House of Representatives - 1999                 HB 265

        By Representatives Logan, Bradley and C. Smith






  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.041, F.S.; providing for automatic

  4         restoration of former felons' right to vote

  5         following completion and satisfaction of

  6         sentence of incarceration and community

  7         supervision; providing conditions on such

  8         automatic restoration; providing a conditional

  9         effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Paragraph (b) of subsection (2) of section

14  97.041, Florida Statutes, is amended to read:

15         97.041  Qualifications to register or vote.--

16         (2)  The following persons, who might be otherwise

17  qualified, are not entitled to register or vote:

18         (b)  A person who has been convicted of any felony by

19  any court of record; however, such a person's right to

20  register or vote is automatically restored by operation of law

21  1 year after completion and satisfaction of all sentences

22  imposed upon such person. For the purposes of this paragraph,

23  "completion and satisfaction of all sentences" occurs when a

24  person is released from incarceration upon expiration of

25  sentence and has achieved or completed all other nonmonetary

26  terms and conditions of the sentence or subsequent supervision

27  or, if the person has not been incarcerated for the felony

28  offense, has achieved or completed all nonmonetary terms and

29  conditions of community supervision imposed by a court and who

30  has not had his or her right to vote restored pursuant to law.

31  If a majority of the Board of Executive Clemency objects

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






    Florida House of Representatives - 1999                 HB 265

    238-255Y-99






  1  before the automatic restoration of the right to register or

  2  vote, such rights shall be restored only upon application to,

  3  and approval by, the Board of Executive Clemency.

  4         Section 2.  This act shall take effect on the effective

  5  date of Senate Joint Resolution No.      or another amendment

  6  to the State Constitution which authorizes, or removes

  7  impediments to, enactment of this act by the Legislature.

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10                          SENATE SUMMARY

11    Provides that a convicted felon who is incarcerated or is
      on probation, parole, or community control may not vote.
12    Provides for restoration of that right 1 year after
      completion of the sentence, unless automatic restoration
13    is objected to by a majority of the Board of Executive
      Clemency.
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