Senate Bill sb2230c1

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    Florida Senate - 2006                           CS for SB 2230

    By the Committee on Ethics and Elections; and Senator Wilson





    582-2265-06

  1                      A bill to be entitled

  2         An act relating to restoration of voting

  3         rights; providing a short title; providing

  4         findings and purpose; creating s. 944.294,

  5         F.S.; providing for automatic restoration of a

  6         former felon's right to vote following

  7         completion of his or her sentence of

  8         incarceration and community supervision;

  9         providing conditions for and exemptions from

10         automatic restoration; providing for education

11         on the voting rights of people with felony

12         convictions; amending ss. 97.052, 97.053,

13         98.045, 98.093, 940.061, 944.292, 944.293, and

14         944.705, F.S., to conform; providing

15         applicability; providing a contingent effective

16         date.

17  

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

19  

20         Section 1.  Short title.--This act may be cited as the

21  "Restoration of Voting Rights Act."

22         Section 2.  Findings and purpose.--

23         (1)  FINDINGS.--The Legislature finds that:

24         (a)  Voting is both a fundamental right and a civic

25  duty. Restoring the right to vote strengthens our democracy by

26  increasing voter participation and ensuring fair

27  representation of the diverse constituencies that make up our

28  communities.

29         (b)  Restoring the right to vote helps felons who have

30  completed their sentences to reintegrate into society. Their

31  participation in the most fundamental of democratic practices

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 1  reinforces their ties to the community and thus helps to

 2  prevent recidivism.

 3         (c)  Under current law, the state permanently denies

 4  the right to vote to all persons convicted of felonies unless

 5  they receive discretionary executive clemency.

 6         (d)  The restoration of voting rights through the

 7  clemency process is cumbersome and costly and produces long

 8  delays. The clemency process imposes administrative burdens on

 9  the state and economic burdens on state taxpayers, and it

10  should be reserved for extraordinary cases. Streamlining the

11  restoration process for the majority of former offenders will

12  advance administrative efficiency, fiscal responsibility,

13  fairness, and democracy.

14         (2)  PURPOSE.--The purposes of this act are to

15  strengthen democratic institutions by increasing participation

16  in the voting process, to help felons who have completed their

17  sentences to become productive members of society, and to

18  streamline procedures for restoring the right to vote.

19         Section 3.  Section 944.294, Florida Statutes, is

20  created to read:

21         944.294  Restoration of voting rights.--

22         (1)  A person who has been convicted of a felony, other

23  than those set forth in subsection (3), shall be restored the

24  right to vote upon completion of his or her sentence.

25         (2)  For purposes of this section, "completion of

26  sentence" occurs when a person is released from incarceration

27  upon expiration of his or her sentence and has completed all

28  other terms and conditions of the sentence or subsequent

29  supervision or, if the person has not been incarcerated for

30  the felony offense, has completed all terms and conditions of

31  supervision imposed on him or her.

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    Florida Senate - 2006                           CS for SB 2230
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 1         (3)(a)  Persons convicted of crimes defined by the

 2  following statutes shall be ineligible for restoration of

 3  voting rights under this section:

 4         1.  Section 782.04, relating to murder.

 5         2.  Section 782.07(3), relating to aggravated

 6  manslaughter of a child.

 7         3.  Section 794.011, relating to sexual battery.

 8         4.  Section 796.03, relating to procuring a person

 9  under 18 for prostitution.

10         5.  Section 796.035, relating to selling or buying

11  minors into sex trafficking or prostitution.

12         6.  Section 826.04, relating to incest.

13         7.  Section 827.071, relating to sexual performance by

14  a child.

15         8.  Section 847.0145, relating to selling or buying

16  minors.

17         (b)  Persons convicted of treason or whose impeachment

18  has resulted in conviction, as referred to in s. 8, Art. IV of

19  the State Constitution, shall also be ineligible for

20  restoration of voting rights under this section.

21         (4)  Nothing in this section shall be construed to

22  impair the ability of any person convicted of a felony to

23  apply for executive clemency under s. 8, Art. IV of the State

24  Constitution.

25         (5)  A court shall, before accepting a plea of guilty

26  or nolo contendere to a felony without trial or, if a trial is

27  held, before imposing sentence for a felony, notify the

28  defendant as follows:

29         (a)  If the felony is described in subsection (3), that

30  conviction will result in permanent loss of the right to vote

31  

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 1  unless he or she receives executive clemency under s. 8, Art.

 2  IV of the State Constitution.

 3         (b)  If the felony is not described in subsection (3),

 4  that conviction will result in loss of the right to vote until

 5  the defendant completes his or her sentence and that voting

 6  rights will be restored thereafter.

 7         (6)  The Secretary of State shall ensure that persons

 8  who become eligible to vote upon completion of sentence face

 9  no continued barriers to registration or voting resulting from

10  their felony convictions.

11         (7)  The Secretary of State shall develop and implement

12  a program to educate attorneys; judges; election officials;

13  corrections officials, including parole and probation

14  officers; and members of the public about the requirements of

15  this section, ensuring that:

16         (a)  Judges are informed of their obligation to notify

17  criminal defendants of the potential loss and restoration of

18  their voting rights as required by subsection (5).

19         (b)  The Department of Corrections, including offices

20  of probation and parole, is prepared to assist people with

21  registering to vote in anticipation of their completion of

22  sentence, including forwarding their completed voter

23  registration forms to the appropriate voter registration

24  official.

25         (c)  Accurate and complete information about the voting

26  rights of people who have been charged with or convicted of

27  crimes, whether disenfranchising or not, is made available

28  through a single publication to government officials and the

29  public.

30         Section 4.  Paragraph (s) of subsection (2) of section

31  97.052, Florida Statutes, is amended to read:

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    Florida Senate - 2006                           CS for SB 2230
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 1         97.052  Uniform statewide voter registration

 2  application.--

 3         (2)  The uniform statewide voter registration

 4  application must be designed to elicit the following

 5  information from the applicant:

 6         (s)  Whether the applicant has been convicted of a

 7  felony, and, if convicted, has had his or her voting civil

 8  rights restored by including the statement "I affirm I am not

 9  a convicted felon, or, if I am, my voting rights relating to

10  voting have been restored." and providing a box for the

11  applicant to check to affirm the statement.

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13  The registration application must be in plain language and

14  designed so that convicted felons whose civil rights have been

15  restored and persons who have been adjudicated mentally

16  incapacitated and have had their voting rights restored are

17  not required to reveal their prior conviction or adjudication.

18         Section 5.  Paragraph (a) of subsection (5) of section

19  97.053, Florida Statutes, is amended to read:

20         97.053  Acceptance of voter registration

21  applications.--

22         (5)(a)  A voter registration application is complete if

23  it contains the following information necessary to establish

24  the applicant's eligibility pursuant to s. 97.041, including:

25         1.  The applicant's name.

26         2.  The applicant's legal residence address.

27         3.  The applicant's date of birth.

28         4.  A mark in the checkbox affirming that the applicant

29  is a citizen of the United States.

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 1         5.a.  The applicant's current and valid Florida

 2  driver's license number or the identification number from a

 3  Florida identification card issued under s. 322.051, or

 4         b.  If the applicant has not been issued a current and

 5  valid Florida driver's license or a Florida identification

 6  card, the last four digits of the applicant's social security

 7  number.

 8  

 9  In case an applicant has not been issued a current and valid

10  Florida driver's license, Florida identification card, or

11  social security number, the applicant shall affirm this fact

12  in the manner prescribed in the uniform statewide voter

13  registration application.

14         6.  A mark in the checkbox affirming that the applicant

15  has not been convicted of a felony or that, if convicted, has

16  had his or her voting civil rights restored.

17         7.  A mark in the checkbox affirming that the applicant

18  has not been adjudicated mentally incapacitated with respect

19  to voting or that, if so adjudicated, has had his or her right

20  to vote restored.

21         8.  The original signature or a digital signature

22  transmitted by the Department of Highway Safety and Motor

23  Vehicles of the applicant swearing or affirming under the

24  penalty for false swearing pursuant to s. 104.011 that the

25  information contained in the registration application is true

26  and subscribing to the oath required by s. 3, Art. VI of the

27  State Constitution and s. 97.051.

28         Section 6.  Paragraph (c) of subsection (1) of section

29  98.045, Florida Statutes, is amended to read:

30         98.045  Administration of voter registration.--

31  

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    Florida Senate - 2006                           CS for SB 2230
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 1         (1)  ELIGIBILITY OF APPLICANT.--The supervisor must

 2  ensure that any eligible applicant for voter registration is

 3  registered to vote and that each application for voter

 4  registration is processed in accordance with law. The

 5  supervisor shall determine whether a voter registration

 6  applicant is ineligible based on any of the following:

 7         (c)  The applicant has been convicted of a felony for

 8  which his or her voting civil rights have not been restored.

 9         Section 7.  Paragraph (g) of subsection (2) of section

10  98.093, Florida Statutes, is redesignated as paragraph (h),

11  and a new paragraph (g) is added to that subsection to read:

12         98.093  Duty of officials to furnish lists of deceased

13  persons, persons adjudicated mentally incapacitated, and

14  persons convicted of a felony.--

15         (2)  To the maximum extent feasible, state and local

16  government agencies shall facilitate provision of information

17  and access to data to the department, including, but not

18  limited to, databases that contain reliable criminal records

19  and records of deceased persons. State and local government

20  agencies that provide such data shall do so without charge if

21  the direct cost incurred by those agencies is not significant.

22         (g)  The Department of Corrections shall furnish

23  monthly to the department a list of those persons who, in the

24  preceding month, have been released from incarceration upon

25  expiration of sentence and have completed all other terms and

26  conditions of the sentence or subsequent supervision, or who

27  were not incarcerated for the felony offense but have

28  completed all terms and conditions of supervision imposed upon

29  them. The Department of Corrections shall also furnish any

30  updates to prior records which have occurred in the preceding

31  month. The list shall contain the name, address, date of

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 1  birth, race, sex, social security number, Department of

 2  Corrections record identification number, and associated

 3  Department of Law Enforcement felony conviction record number

 4  of each person.

 5         Section 8.  Section 940.061, Florida Statutes, is

 6  amended to read:

 7         940.061  Informing persons about executive clemency and

 8  restoration of civil rights.--The Department of Corrections

 9  shall inform and educate inmates and offenders on community

10  supervision about:

11         (1)  The restoration of voting rights and assist

12  eligible inmates and offenders on community supervision with

13  the completion of a voter registration application, unless the

14  inmate or offender on community supervision declines such

15  assistance.

16         (2)  The restoration of civil rights and assist

17  eligible inmates and offenders on community supervision with

18  the completion of the application for the restoration of civil

19  rights.

20         Section 9.  Subsection (1) of section 944.292, Florida

21  Statutes, is amended to read:

22         944.292  Suspension of civil rights.--

23         (1)  Upon conviction of a felony as defined in s. 10,

24  Art. X of the State Constitution, the civil rights of the

25  person convicted shall be suspended in Florida until such

26  rights are restored by a full pardon, conditional pardon, or

27  restoration of civil rights granted pursuant to s. 8, Art. IV

28  of the State Constitution or, as to voting rights, until

29  restoration of voting rights pursuant to s. 944.294.

30         Section 10.  Section 944.293, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2006                           CS for SB 2230
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 1         944.293  Initiation of restoration of civil

 2  rights.--With respect to those persons convicted of a felony,

 3  the following procedures procedure shall apply:

 4         (1)  Prior to the time an eligible offender is

 5  discharged from supervision, an authorized agent of the

 6  department shall obtain from the Department of State the

 7  necessary application for registering to vote. An authorized

 8  agent shall provide this application to the eligible offender

 9  and inform him or her that the decision whether to register to

10  vote is voluntary and that applying to register or declining

11  to register to vote will not affect any term or condition of

12  the offender's supervision.

13         (2)  The authorized agent shall inform the eligible

14  offender of the opportunity to file a complaint with the

15  Secretary of State on the belief that someone has interfered

16  with the offender's right to register or to decline to

17  register to vote, the right to privacy in deciding whether to

18  register or in applying to register to vote, or the right to

19  choose a political party or other political preference. The

20  authorized agent shall provide the address and telephone

21  number of the appropriate office in the Department of State

22  where a complaint may be filed.

23         (3)  The authorized agent shall offer the eligible

24  offender assistance with the voter registration application

25  but shall make clear that the offender may fill out the

26  application in private. Unless the offender declines

27  assistance, the authorized agent shall assist the offender in

28  completing the application and shall ensure that the completed

29  application is forwarded to the appropriate voter registration

30  official before the eligible offender is discharged from

31  supervision.

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 1         (4)  Prior to the time an offender is discharged from

 2  supervision, an authorized agent of the department shall

 3  obtain from the Governor the necessary application and other

 4  forms required for the restoration of civil rights. The

 5  authorized agent shall assist the offender in completing these

 6  forms and shall ensure that the application and all necessary

 7  material are forwarded to the Governor before the offender is

 8  discharged from supervision.

 9         Section 11.  Paragraph (g) of subsection (2) of section

10  944.705, Florida Statutes, is redesignated as paragraph (h),

11  and a new paragraph (g) is added to that subsection to read:

12         944.705  Release orientation program.--

13         (2)  The release orientation program instruction must

14  include, but is not limited to:

15         (g)  Restoration of voting rights and restoration of

16  civil rights.

17         Section 12.  This act shall take effect on the

18  effective date of House Joint Resolution ___ or another

19  amendment to the State Constitution which authorizes, or

20  removes impediments to, enactment of this act by the

21  Legislature and shall apply retroactively to all persons who

22  are eligible to vote under its terms, regardless of whether

23  they were convicted or discharged from sentence prior to its

24  effective date.

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2230

 3                                 

 4  The committee substitute differs from the original bill in
    that it:  requires as a condition of automatic restoration of
 5  voting rights that former felons complete all the terms and
    conditions of their sentences, both monetary (i.e., victim's
 6  restitution) and nonmonetary; and removes findings relating to
    the number of disenfranchised felons in Florida and the
 7  corresponding disproportionate impact on minority communities.

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