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A bill to be entitled

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An act relating to voting rights; amending s. 14.28,

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F.S.; requiring that records developed or maintained

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by a state agency pursuant to an investigation by the

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Board of Executive Clemency be released to the person

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who is the subject of such investigation or his or her

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legal representative; authorizing public access to

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certain data; creating s. 97.017, F.S.; requiring that

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an authorized agent of the Division of Elections

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provide to the Governor the necessary voter

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registration applications and other forms required for

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the restoration of a convicted felon's voting rights

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before the convicted felon is released from

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supervision; requiring the authorized agent to perform

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certain tasks; amending s. 98.045, F.S.; providing

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that any information indicating that a person's civil

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rights have been restored through the executive

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clemency process be considered a written request from

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that person to have his or her name placed back into

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the statewide voter registration system; requiring

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that the supervisor of elections perform certain

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tasks; amending s. 98.065, F.S.; requiring that a

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supervisor of elections who receives certain

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information from the Office of Executive Clemency send

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an address-confirmation notice to the address at which

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the subject voter was last registered; providing for

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the immediate addition of names to the statewide voter

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registration system under certain circumstances;

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amending s. 98.0755, F.S.; providing an exemption from

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payment of costs for a trial in which a person appeals

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a determination of ineligibility to register to vote;

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amending s. 98.081, F.S.; providing for the

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restoration of the names of certain individuals to the

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statewide voter registration system under certain

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circumstances, even if the registration period for a

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given election is closed; amending s. 98.093, F.S.;

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including a list of persons whose civil rights have

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been restored among the required information that must

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be furnished by state and local government agencies to

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the Department of State; requiring that the department

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identify certain individuals upon receipt of such

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list; requiring that the board furnish certain

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information to each supervisor of elections; amending

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s. 104.051, F.S.; providing that any department

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employee who attempts to influence or interfere with

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any elector voting a ballot commits a felony of the

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third degree; creating s. 940.09, F.S.; requiring that

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the office provide a voter registration applicant who

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has been granted clemency with a certified copy of the

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applicant's certificate of rights restoration free of

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charge and without delay; creating s. 940.066, F.S.;

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requiring that the division inform and educate certain

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persons about voting and the voting process, and

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provide such persons with voter registration

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applications on a certain date; amending s. 945.10,

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F.S.; authorizing access to certain data, even if such

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data were considered confidential when originally

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transferred to the office; providing an effective

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date.

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

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     Section 1.  Section 14.28, Florida Statutes, is amended to

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read:

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     14.28  Executive clemency.--All records developed or

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received by any state entity pursuant to a Board of Executive

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Clemency investigation shall be confidential and exempt from the

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provisions of s. 119.07(1) and s. 24(a), Art. I of the State

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Constitution. However, such records shall may be released to the

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person who is the subject of such investigation or his or her

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legal representative upon request by such person or legal

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representative upon the approval of the Governor. This section

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does not deny any person access to data that is transferred to

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the Office of Executive Clemency regarding felons whose civil

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rights have been restored.

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     Section 2.  Section 97.017, Florida Statutes, is created to

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read:

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     97.017 Initiation of restoration of voting rights for those

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persons whose civil rights have been restored.--Before a

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convicted felon is discharged from supervision, an authorized

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agent of the Division of Elections shall provide to the Governor

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the necessary voter registration applications and other forms

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required for the restoration of that individual's voting rights.

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The authorized agent shall assist the offender in completing

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these forms and shall ensure that the application and all

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necessary materials are forwarded to the department after the

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person is granted executive clemency or pardon.

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     Section 3.  Present subsections (3), (4), and (5) of section

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98.045, Florida Statutes, are renumbered as subsections (4), (5),

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and (6), respectively, and a new subsection (3) is added to that

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section, to read:

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     98.045  Administration of voter registration.--

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     (3) RESTORATION OF REGISTERED VOTERS.--

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     (a) Any information indicating that a person has had his or

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her civil rights restored through the executive clemency process

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after a registered voter's name is removed from registration list

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pursuant to s. 98.065 or s. 98.075 shall be considered as a

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written request from that person to have his or her name restored

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in the statewide voter registration system. The corresponding

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supervisor of elections shall verify the continued eligibility of

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such person to vote in that county.

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     (b) The supervisor of elections for each county shall

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forward voter registration information to any person to whom

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clemency has been granted.

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     Section 4.  Paragraph (a) of subsection (4) and subsection

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(5) of section 98.065, Florida Statutes, are amended to read:

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     98.065  Registration list maintenance programs.--

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     (4)(a)  If the supervisor receives change-of-address

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information pursuant to the activities conducted in subsection

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(2), from jury notices signed by the voter and returned to the

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courts, from the Department of Highway Safety and Motor Vehicles

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or the Office of Executive Clemency, or from other sources, which

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information indicates that the legal address of a registered

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voter might have changed, the supervisor shall send by

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forwardable return-if-undeliverable mail an address confirmation

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notice to the address at which the voter was last registered. A

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supervisor may also send an address confirmation notice to any

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voter who the supervisor has reason to believe has moved from his

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or her legal residence.

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     (5)  A notice may not be issued pursuant to this section and

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a voter's name may not be removed from the statewide voter

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registration system later than 90 days before prior to the date

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of a federal election. However, this section does not preclude

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the removal or addition of the name of a voter from the statewide

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voter registration system at any time upon the voter's written

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request, by reason of the voter's death, or upon a determination

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of the voter's ineligibility as provided in s. 98.075(7), or upon

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the granting of executive clemency.

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     Section 5.  Section 98.0755, Florida Statutes, is amended to

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read:

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     98.0755  Appeal of determination of ineligibility.--Appeal

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of the supervisor's determination of ineligibility pursuant to s.

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98.075(7) may be taken to the circuit court in and for the county

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where the person was registered. Notice of appeal must be filed

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within the time and in the manner provided by the Florida Rules

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of Appellate Procedure and acts as supersedeas. Trial in the

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circuit court is de novo and governed by the rules of that court.

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Unless the person can show that his or her name was erroneously

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or illegally removed from the statewide voter registration

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system, that his or her name was improperly or illegally omitted

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from the voter registration system upon the proper granting of

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executive clemency and forwarding of information to election

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officials, or that he or she is indigent, the person must bear

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the costs of the trial in the circuit court. Otherwise, the cost

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of the appeal must be paid by the supervisor of elections.

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     Section 6.  Section 98.081, Florida Statutes, is amended to

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read:

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     98.081  Names removed from the statewide voter registration

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system; restrictions on reregistering; recordkeeping; restoration

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of erroneously or illegally removed names.--

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     (1) If When the name of any elector is removed from the

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statewide voter registration system pursuant to s. 98.065 or s.

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98.075, the elector's original registration application shall be

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retained by the supervisor of elections having custody of the

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application. Alternatively As alternatives, registrations removed

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from the statewide voter registration system may be microfilmed

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and such microfilms substituted for the original registration

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applications. If; or, when voter registration information,

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including the voter's signature, is maintained digitally or on

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electronic, magnetic, or optic media, such stored information may

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be substituted for the original registration application. Such

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microfilms or stored information shall be retained by the

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supervisor of elections having custody. If In the event the

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original registration applications are microfilmed or maintained

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digitally or on electronic or other media, such originals may be

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destroyed in accordance with the schedule approved by the Bureau

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of Archives and Records Management of the Division of Library and

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Information Services of the department.

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     (2) If When the name of any elector has been erroneously or

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illegally removed from the statewide voter registration system,

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the name of the elector shall be restored by a voter registration

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official upon satisfactory proof, even though the registration

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period for that election is closed.

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     (3) If the name of any eligible person has not been

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properly restored or added to the statewide voter registration

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system, a voter registration official shall restore the name of

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that eligible person immediately upon satisfactory proof of

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clemency or other qualifying basis, even if the registration

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period for that election is closed.

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     Section 7.  Section 98.093, Florida Statutes, is amended to

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read:

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     98.093  Duty of officials to furnish lists of deceased

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persons, persons adjudicated mentally incapacitated, and persons

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convicted of a felony, and persons whose civil rights have been

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restored.--

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     (1)  In order to ensure the maintenance of accurate and

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current voter registration records, it is necessary for the

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department to receive certain information from state and federal

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officials and entities. The department and supervisors of

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elections shall use the information provided from the sources in

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subsection (2) to maintain the voter registration records.

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

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government agencies shall facilitate provision of information and

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access to data to the department, including, but not limited to,

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databases that contain reliable criminal records and records of

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deceased persons. State and local government agencies that

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provide such data shall do so without charge if the direct cost

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incurred by those agencies is not significant.

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     (a)  The Department of Health shall furnish monthly to the

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department a list containing the name, address, date of birth,

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date of death, social security number, race, and sex of each

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deceased person 17 years of age or older.

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     (b)  Each clerk of the circuit court shall furnish monthly

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to the department a list of those persons who have been

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adjudicated mentally incapacitated with respect to voting during

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the preceding calendar month, a list of those persons whose

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mental capacity with respect to voting has been restored during

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the preceding calendar month, and a list of those persons who

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have returned signed jury notices during the preceding months to

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the clerk of the circuit court indicating a change of address.

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Each list shall include the name, address, date of birth, race,

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sex, and, whichever is available, the Florida driver's license

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number, Florida identification card number, or social security

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number of each such person.

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     (c)  Upon receipt of information from the United States

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Attorney, listing persons convicted of a felony in federal court,

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the department shall use such information to identify registered

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voters or applicants for voter registration who may be

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potentially ineligible based on information provided in

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accordance with s. 98.075.

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     (d)  The Department of Law Enforcement shall identify those

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persons who have been convicted of a felony who appear in the

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voter registration records supplied by the statewide voter

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registration system, in a time and manner that enables the

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department to meet its obligations under state and federal law.

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     (e)  The Board of Executive Clemency shall furnish monthly

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to the department and each supervisor of elections a list of

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those persons granted clemency in the preceding month or any

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updates to prior records which have occurred in the preceding

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month. The list shall contain the Board of Executive Clemency

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case number, name, address, telephone number, date of birth,

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race, sex, social security number, if available, and references

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to record identifiers assigned by the Department of Corrections,

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a unique identifier of each clemency case, and the effective date

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of clemency of each person.

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     (f)  The Department of Corrections shall furnish monthly to

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the department a list of those persons transferred to the

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Department of Corrections in the preceding month or any updates

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to prior records which have occurred in the preceding month. The

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list shall contain the name, address, date of birth, race, sex,

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social security number, Department of Corrections record

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identification number, and associated Department of Law

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Enforcement felony conviction record number of each person.

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     (g)  The Department of Highway Safety and Motor Vehicles

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shall furnish monthly to the department a list of those persons

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whose names have been removed from the driver's license database

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because they have been licensed in another state. The list shall

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contain the name, address, date of birth, sex, social security

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number, and driver's license number of each such person.

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     (h) Upon receipt of a list of persons whose civil rights

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have been restored from the Office of Executive Clemency, the

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department shall identify formerly registered voters or

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registrants who are now eligible to reregister.

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     (3)  Nothing in this section shall limit or restrict the

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supervisor in his or her duty to remove or restore the names of

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persons from the statewide voter registration system pursuant to

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s. 98.075(7) based upon information received from other sources.

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     Section 8.  Subsection (4) of section 104.051, Florida

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Statutes, is amended to read:

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     104.051  Violations; neglect of duty; corrupt practices.--

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     (4) Any supervisor, deputy supervisor, or election

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employee, or department employee who attempts to influence or

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interfere with any elector voting a ballot commits a felony of

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the third degree, punishable as provided in s. 775.082, s.

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775.083, or s. 775.084.

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     Section 9.  Section 940.09, Florida Statutes, is created to

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read:

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     940.09 Copy of certificate of rights restoration to be

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furnished free of charge.--If any voter registration applicant

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who has been granted executive clemency is required to supply a

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copy or certified copy of the applicant's certificate of rights

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restoration, the Office of Executive Clemency shall furnish such

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documentation to the applicant free of charge and without delay.

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     Section 10.  Section 940.066, Florida Statutes, is created

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to read:

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     940.066 Informing persons about executive clemency and

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restoration of civil rights.--The Division of Elections shall

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inform and educate persons whose civil rights have been restored

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about voting and the voting process, and provide such persons

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with voter registration applications on the date on which

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clemency is granted.

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     Section 11.  Paragraph (i) is added to subsection (1) of

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section 945.10, Florida Statutes, to read:

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     945.10  Confidential information.--

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     (1)  Except as otherwise provided by law or in this section,

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the following records and information held by the Department of

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Corrections are confidential and exempt from the provisions of s.

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119.07(1) and s. 24(a), Art. I of the State Constitution:

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     (i) This section does not prohibit access to data regarding

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felons convicted of nonviolent offenses who have been granted

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clemency, even if such data were considered confidential when

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originally transferred to the Office of Executive Clemency.

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     Section 12.  This act shall take effect July 1, 2008.