Amendment
Bill No. CS/CS/HB 1355

Amendment No. 631401

CHAMBER ACTION
Senate		House
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1	Representative Williams, A. offered the following:
2
3	Amendment (with title amendment)
4	Between lines 4130 and 4131, insert:
5
6	Section 77.  Short title.-Sections 77-88 of this act may be
7	cited as the "Restoration of Voting Rights Act."
8	Section 78.  Findings and purpose.-
9	(1)  FINDINGS.-The Legislature finds that:
10	(a)  Voting is both a fundamental right and a civic duty.
11	Restoring the right to vote strengthens our democracy by
12	increasing voter participation and ensuring fair representation
13	of the diverse constituencies that make up our communities.
14	(b)  Restoring the right to vote helps felons who have
15	completed their sentences to reintegrate into society. Their
16	participation in the most fundamental of democratic practices
17	reinforces their ties to the community and thus helps to prevent
18	recidivism.
19	(c)  Under current law, the state permanently denies the
20	right to vote to all persons convicted of felonies unless they
21	receive discretionary executive clemency.
22	(d)  The restoration of voting rights through the clemency
23	process is cumbersome and costly and produces long delays. The
24	clemency process imposes administrative burdens on the state and
25	economic burdens on state taxpayers, and it should be reserved
26	for extraordinary cases. Streamlining the restoration process
27	for the majority of former offenders will advance administrative
28	efficiency, fiscal responsibility, fairness, and democracy.
29	(2)  PURPOSE.-The purposes of sections 77-88 of this act
30	are to strengthen democratic institutions by increasing
31	participation in the voting process, help felons who have
32	completed their sentences to become productive members of
33	society, and streamline procedures for restoring the right to
34	vote.
35	Section 79.  Section 944.294, Florida Statutes, is created
36	to read:
37	944.294  Restoration of voting rights.-
38	(1)  A person who has been convicted of a felony, other
39	than those set forth in subsection (3), shall be restored the
40	right to vote upon completion of his or her sentence.
41	(2)  For purposes of this section, "completion of sentence"
42	occurs when a person is released from incarceration upon
43	expiration of his or her sentence and has completed all other
44	terms and conditions of the sentence or subsequent supervision
45	or, if the person has not been incarcerated for the felony
46	offense, has completed all terms and conditions of supervision
47	imposed on him or her.
48	(3)(a)  Persons convicted of crimes defined by the
49	following statutes shall be ineligible for restoration of voting
50	rights under this section:
51	1.  Section 782.04, relating to murder.
52	2.  Section 782.07(3), relating to aggravated manslaughter
53	of a child.
54	3.  Section 794.011, relating to sexual battery.
55	4.  Section 796.03, relating to procuring a person under 18
56	for prostitution.
57	5.  Section 796.035, relating to selling or buying minors
58	into sex trafficking or prostitution.
59	6.  Section 826.04, relating to incest.
60	7.  Section 827.071, relating to sexual performance by a
61	child.
62	8.  Section 847.0145, relating to selling or buying minors.
63	(b)  Persons convicted of treason or whose impeachment has
64	resulted in conviction, as referred to in s. 8, Art. IV of the
65	State Constitution, shall also be ineligible for restoration of
66	voting rights under this section.
67	(4)  Nothing in this section shall be construed to impair
68	the ability of any person convicted of a felony to apply for
69	executive clemency under s. 8, Art. IV of the State
70	Constitution.
71	(5)  A court shall, before accepting a plea of guilty or
72	nolo contendere to a felony without trial or, if a trial is
73	held, before imposing sentence for a felony, notify the
74	defendant as follows:
75	(a)  If the felony is described in subsection (3), that
76	conviction will result in permanent loss of the right to vote
77	unless he or she receives executive clemency under s. 8, Art. IV
78	of the State Constitution.
79	(b)  If the felony is not described in subsection (3), that
80	conviction will result in loss of the right to vote until the
81	defendant completes his or her sentence and that voting rights
82	will be restored thereafter.
83	(6)  The Secretary of State shall ensure that persons who
84	become eligible to vote upon completion of sentence face no
85	continued barriers to registration or voting resulting from
86	their felony convictions.
87	(7)  The Secretary of State shall develop and implement a
88	program to educate attorneys; judges; election officials;
89	corrections officials, including parole and probation officers;
90	and members of the public about the requirements of this
91	section, ensuring that:
92	(a)  Judges are informed of their obligation to notify
93	criminal defendants of the potential loss and restoration of
94	their voting rights as required by subsection (5).
95	(b)  The Department of Corrections, including offices of
96	probation and parole, is prepared to assist people with
97	registering to vote in anticipation of their completion of
98	sentence, including forwarding their completed voter
99	registration forms to the appropriate voter registration
100	official.
101	(c)  Accurate and complete information about the voting
102	rights of people who have been charged with or convicted of
103	crimes, whether disenfranchising or not, is made available
104	through a single publication to government officials and the
105	public.
106	Section 80.  Subsection (2) of section 97.052, Florida
107	Statutes, is amended to read:
108	97.052  Uniform statewide voter registration application.-
109	(2)  The uniform statewide voter registration application
110	must be designed to elicit the following information from the
111	applicant:
112	(a)  Last, first, and middle name, including any suffix.
113	(b)  Date of birth.
114	(c)  Address of legal residence.
115	(d)  Mailing address, if different.
116	(e)  County of legal residence.
117	(f)  Race or ethnicity that best describes the applicant:
118	1.  American Indian or Alaskan Native.
119	2.  Asian or Pacific Islander.
120	3.  Black, not Hispanic.
121	4.  White, not Hispanic.
122	5.  Hispanic.
123	(g)  State or country of birth.
124	(h)  Sex.
125	(i)  Party affiliation.
126	(j)  Whether the applicant needs assistance in voting.
127	(k)  Name and address where last registered.
128	(l)  Last four digits of the applicant's social security
129	number.
130	(m)  Florida driver's license number or the identification
131	number from a Florida identification card issued under s.
132	322.051.
133	(n)  An indication, if applicable, that the applicant has
134	not been issued a Florida driver's license, a Florida
135	identification card, or a social security number.
136	(o)  Telephone number (optional).
137	(p)  Signature of applicant under penalty for false
138	swearing pursuant to s. 104.011, by which the person subscribes
139	to the oath required by s. 3, Art. VI of the State Constitution
140	and s. 97.051, and swears or affirms that the information
141	contained in the registration application is true.
142	(q)  Whether the application is being used for initial
143	registration, to update a voter registration record, or to
144	request a replacement voter information card.
145	(r)  Whether the applicant is a citizen of the United
146	States by asking the question "Are you a citizen of the United
147	States of America?" and providing boxes for the applicant to
148	check to indicate whether the applicant is or is not a citizen
149	of the United States.
150	(s)  Whether the applicant has been convicted of a felony,
151	and, if convicted, has had his or her voting civil rights
152	restored by including the statement "I affirm I am not a
153	convicted felon, or, if I am, my voting rights relating to
154	voting have been restored." and providing a box for the
155	applicant to check to affirm the statement.
156	(t)  Whether the applicant has been adjudicated mentally
157	incapacitated with respect to voting or, if so adjudicated, has
158	had his or her right to vote restored by including the statement
159	"I affirm I have not been adjudicated mentally incapacitated
160	with respect to voting, or, if I have, my competency has been
161	restored." and providing a box for the applicant to check to
162	affirm the statement.
163
164	The registration application must be in plain language and
165	designed so that convicted felons whose voting civil rights have
166	been restored and persons who have been adjudicated mentally
167	incapacitated and have had their voting rights restored are not
168	required to reveal their prior conviction or adjudication.
169	Section 81.  Paragraph (a) of subsection (5) of section
170	97.053, Florida Statutes, is amended to read:
171	97.053  Acceptance of voter registration applications.-
172	(5)(a)  A voter registration application is complete if it
173	contains the following information necessary to establish the
174	applicant's eligibility pursuant to s. 97.041, including:
175	1.  The applicant's name.
176	2.  The applicant's legal residence address.
177	3.  The applicant's date of birth.
178	4.  A mark in the checkbox affirming that the applicant is
179	a citizen of the United States.
180	5.a.  The applicant's current and valid Florida driver's
181	license number or the identification number from a Florida
182	identification card issued under s. 322.051, or
183	b.  If the applicant has not been issued a current and
184	valid Florida driver's license or a Florida identification card,
185	the last four digits of the applicant's social security number.
186
187	In case an applicant has not been issued a current and valid
188	Florida driver's license, Florida identification card, or social
189	security number, the applicant shall affirm this fact in the
190	manner prescribed in the uniform statewide voter registration
191	application.
192	6.  A mark in the checkbox affirming that the applicant has
193	not been convicted of a felony or that, if convicted, has had
194	his or her voting civil rights restored.
195	7.  A mark in the checkbox affirming that the applicant has
196	not been adjudicated mentally incapacitated with respect to
197	voting or that, if so adjudicated, has had his or her right to
198	vote restored.
199	8.  The original signature or a digital signature
200	transmitted by the Department of Highway Safety and Motor
201	Vehicles of the applicant swearing or affirming under the
202	penalty for false swearing pursuant to s. 104.011 that the
203	information contained in the registration application is true
204	and subscribing to the oath required by s. 3, Art. VI of the
205	State Constitution and s. 97.051.
206	Section 82.  Paragraph (c) of subsection (1) of section
207	98.045, Florida Statutes, is amended to read:
208	98.045  Administration of voter registration.-
209	(1)  ELIGIBILITY OF APPLICANT.-The supervisor must ensure
210	that any eligible applicant for voter registration is registered
211	to vote and that each application for voter registration is
212	processed in accordance with law. The supervisor shall determine
213	whether a voter registration applicant is ineligible based on
214	any of the following:
215	(c)  The applicant has been convicted of a felony for which
216	his or her voting civil rights have not been restored.
217	Section 83.  Paragraph (a) of subsection (7) of section
218	98.075, Florida Statutes, is amended to read:
219	98.075  Registration records maintenance activities;
220	ineligibility determinations.-
221	(7)  PROCEDURES FOR REMOVAL.-
222	(a)  If the supervisor receives notice or information
223	pursuant to subsections (4)-(6), the supervisor of the county in
224	which the voter is registered shall:
225	1.  Notify the registered voter of his or her potential
226	ineligibility by mail within 7 days after receipt of notice or
227	information. The notice shall include:
228	a.  A statement of the basis for the registered voter's
229	potential ineligibility and a copy of any documentation upon
230	which the potential ineligibility is based.
231	b.  A statement that failure to respond within 30 days
232	after receipt of the notice may result in a determination of
233	ineligibility and in removal of the registered voter's name from
234	the statewide voter registration system.
235	c.  A return form that requires the registered voter to
236	admit or deny the accuracy of the information underlying the
237	potential ineligibility for purposes of a final determination by
238	the supervisor.
239	d.  A statement that, if the voter is denying the accuracy
240	of the information underlying the potential ineligibility, the
241	voter has a right to request a hearing for the purpose of
242	determining eligibility.
243	e.  Instructions for the registered voter to contact the
244	supervisor of elections of the county in which the voter is
245	registered if assistance is needed in resolving the matter.
246	f.  Instructions for seeking restoration of voting civil
247	rights following a felony conviction, if applicable.
248	2.  If the mailed notice is returned as undeliverable, the
249	supervisor shall publish notice once in a newspaper of general
250	circulation in the county in which the voter was last
251	registered. The notice shall contain the following:
252	a.  The voter's name and address.
253	b.  A statement that the voter is potentially ineligible to
254	be registered to vote.
255	c.  A statement that failure to respond within 30 days
256	after the notice is published may result in a determination of
257	ineligibility by the supervisor and removal of the registered
258	voter's name from the statewide voter registration system.
259	d.  An instruction for the voter to contact the supervisor
260	no later than 30 days after the date of the published notice to
261	receive information regarding the basis for the potential
262	ineligibility and the procedure to resolve the matter.
263	e.  An instruction to the voter that, if further assistance
264	is needed, the voter should contact the supervisor of elections
265	of the county in which the voter is registered.
266	3.  If a registered voter fails to respond to a notice
267	pursuant to subparagraph 1. or subparagraph 2., the supervisor
268	shall make a final determination of the voter's eligibility. If
269	the supervisor determines that the voter is ineligible, the
270	supervisor shall remove the name of the registered voter from
271	the statewide voter registration system. The supervisor shall
272	notify the registered voter of the supervisor's determination
273	and action.
274	4.  If a registered voter responds to the notice pursuant
275	to subparagraph 1. or subparagraph 2. and admits the accuracy of
276	the information underlying the potential ineligibility, the
277	supervisor shall make a final determination of ineligibility and
278	shall remove the voter's name from the statewide voter
279	registration system. The supervisor shall notify the registered
280	voter of the supervisor's determination and action.
281	5.  If a registered voter responds to the notice issued
282	pursuant to subparagraph 1. or subparagraph 2. and denies the
283	accuracy of the information underlying the potential
284	ineligibility but does not request a hearing, the supervisor
285	shall review the evidence and make a final determination of
286	eligibility. If such registered voter requests a hearing, the
287	supervisor shall send notice to the registered voter to attend a
288	hearing at a time and place specified in the notice. Upon
289	hearing all evidence presented at the hearing, the supervisor
290	shall make a determination of eligibility. If the supervisor
291	determines that the registered voter is ineligible, the
292	supervisor shall remove the voter's name from the statewide
293	voter registration system and notify the registered voter of the
294	supervisor's determination and action.
295	Section 84.  Paragraph (g) of subsection (2) of section
296	98.093, Florida Statutes, is redesignated as paragraph (h), and
297	a new paragraph (g) is added to that subsection to read:
298	98.093  Duty of officials to furnish lists of deceased
299	persons, persons adjudicated mentally incapacitated, and persons
300	convicted of a felony.-
301	(2)  To the maximum extent feasible, state and local
302	government agencies shall facilitate provision of information
303	and access to data to the department, including, but not limited
304	to, databases that contain reliable criminal records and records
305	of deceased persons. State and local government agencies that
306	provide such data shall do so without charge if the direct cost
307	incurred by those agencies is not significant.
308	(g)  The Department of Corrections shall furnish monthly to
309	the department a list of those persons who, in the previous
310	month, have been released from incarceration upon expiration of
311	sentence and have completed all other terms and conditions of
312	the sentence or subsequent supervision, or who were not
313	incarcerated for the felony offense but have completed all terms
314	and conditions of supervision imposed upon them. The Department
315	of Corrections shall also furnish to the department any updates
316	to prior records that have occurred in the previous month. The
317	list shall contain the name, address, date of birth, race, sex,
318	social security number, Department of Corrections record
319	identification number, and associated Department of Law
320	Enforcement felony conviction record number of each person.
321	Section 85.  Section 940.061, Florida Statutes, is amended
322	to read:
323	940.061  Informing persons about executive clemency and
324	restoration of civil rights.-The Department of Corrections shall
325	inform and educate inmates and offenders on community
326	supervision about:
327	(1)  The restoration of voting rights and assist eligible
328	inmates and offenders on community supervision with the
329	completion of a voter registration application, unless the
330	inmate or offender on community supervision declines such
331	assistance.
332	(2)  The restoration of civil rights and assist eligible
333	inmates and offenders on community supervision with the
334	completion of the application for the restoration of civil
335	rights. Each month the Department of Corrections shall send to
336	the Parole Commission by electronic means a list of the names of
337	inmates who have been released from incarceration and offenders
338	who have been terminated from supervision who may be eligible
339	for restoration of civil rights.
340	Section 86.  Subsection (1) of section 944.292, Florida
341	Statutes, is amended to read:
342	944.292  Suspension of civil rights.-
343	(1)  Upon conviction of a felony as defined in s. 10, Art.
344	X of the State Constitution, the civil rights of the person
345	convicted shall be suspended in Florida until such rights are
346	restored by a full pardon, conditional pardon, or restoration of
347	civil rights granted pursuant to s. 8, Art. IV of the State
348	Constitution or, as to voting rights, until restoration of
349	voting rights pursuant to s. 944.294.
350	Section 87.  Section 944.2931, Florida Statutes, is created
351	to read:
352	944.2931  Initiation of restoration of rights.-With respect
353	to those persons convicted of a felony, the following procedures
354	shall apply:
355	(1)  Prior to the time an eligible offender is discharged
356	from supervision, an authorized agent of the department shall
357	obtain from the Department of State the necessary application
358	for registering to vote. An authorized agent shall provide this
359	application to the eligible offender and inform him or her that
360	the decision to register to vote is voluntary and that applying
361	to register or declining to register to vote will not affect any
362	term or condition of the offender's supervision.
363	(2)  The authorized agent shall inform the eligible
364	offender of the opportunity to file a complaint with the
365	Secretary of State on the belief that someone has interfered
366	with the offender's right to register or to decline to register
367	to vote, the right to privacy in deciding whether to register or
368	in applying to register to vote, or the right to choose a
369	political party or other political preference. The authorized
370	agent shall provide the address and telephone number of the
371	appropriate office in the Department of State where a complaint
372	may be filed.
373	(3)  The authorized agent shall offer the eligible offender
374	assistance with the voter registration application but shall
375	make clear that the offender may fill out the application in
376	private. Unless the offender declines assistance, the authorized
377	agent shall assist the offender in completing the application
378	and shall ensure that the completed application is forwarded to
379	the appropriate voter registration official before the eligible
380	offender is discharged from supervision.
381	(4)  Prior to the time an offender is discharged from
382	supervision, an authorized agent of the department shall obtain
383	from the Governor the necessary application and other forms
384	required for the restoration of civil rights. The authorized
385	agent shall assist the offender in completing these forms and
386	shall ensure that the application and all necessary material are
387	forwarded to the Governor before the offender is discharged from
388	supervision.
389	Section 88.  Paragraph (g) of subsection (2) of section
390	944.705, Florida Statutes, is redesignated as paragraph (h), and
391	a new paragraph (g) is added to that subsection to read:
392	944.705  Release orientation program.-
393	(2)  The release orientation program instruction must
394	include, but is not limited to:
395	(g)  Restoration of voting rights and restoration of civil
396	rights.
397	Section 89.  Sections 77-88 of this act shall take effect
398	on the effective date of an amendment to the State Constitution
399	which authorizes, or removes impediments to, enactment of
400	sections 77-88 of this act by the Legislature and shall apply
401	retroactively to all persons who are eligible to vote under its
402	terms, regardless of whether they were convicted or discharged
403	from sentence prior to its effective date.
404
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407	T I T L E  A M E N D M E N T
408	Between lines 426 and 427, insert:
409	providing a short title; providing findings and purpose;
410	creating s. 944.294, F.S.; providing for automatic restoration
411	of a former felon's right to vote after completion of his or her
412	sentence of incarceration and community supervision; providing
413	conditions for and exemptions from automatic restoration;
414	providing for education on the voting rights of people with
415	felony convictions; creating s. 944.2931, F.S.; providing
416	requirements for initiation of restoration of rights; amending
417	ss. 97.052, 97.053, 98.045, 98.075, 98.093, 940.061, 944.292,
418	and 944.705, F.S., to conform; providing applicability;
419	providing a contingent effective date;

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