Florida Senate - 2019 SENATOR AMENDMENT
Bill No. CS/HB 7089, 1st Eng.
Ì458014ÃÎ458014
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Brandes moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (2) of section 97.052, Florida
6 Statutes, is amended to read:
7 97.052 Uniform statewide voter registration application.—
8 (2) The uniform statewide voter registration application
9 must be designed to elicit the following information from the
10 applicant:
11 (a) Last, first, and middle name, including any suffix.
12 (b) Date of birth.
13 (c) Address of legal residence.
14 (d) Mailing address, if different.
15 (e) E-mail address and whether the applicant wishes to
16 receive sample ballots by e-mail.
17 (f) County of legal residence.
18 (g) Race or ethnicity that best describes the applicant:
19 1. American Indian or Alaskan Native.
20 2. Asian or Pacific Islander.
21 3. Black, not Hispanic.
22 4. White, not Hispanic.
23 5. Hispanic.
24 (h) State or country of birth.
25 (i) Sex.
26 (j) Party affiliation.
27 (k) Whether the applicant needs assistance in voting.
28 (l) Name and address where last registered.
29 (m) Last four digits of the applicant’s social security
30 number.
31 (n) Florida driver license number or the identification
32 number from a Florida identification card issued under s.
33 322.051.
34 (o) An indication, if applicable, that the applicant has
35 not been issued a Florida driver license, a Florida
36 identification card, or a social security number.
37 (p) Telephone number (optional).
38 (q) Signature of applicant under penalty for false swearing
39 pursuant to s. 104.011, by which the person subscribes to the
40 oath required by s. 3, Art. VI of the State Constitution and s.
41 97.051, and swears or affirms that the information contained in
42 the registration application is true.
43 (r) Whether the application is being used for initial
44 registration, to update a voter registration record, or to
45 request a replacement voter information card.
46 (s) Whether the applicant is a citizen of the United States
47 by asking the question “Are you a citizen of the United States
48 of America?” and providing boxes for the applicant to check to
49 indicate whether the applicant is or is not a citizen of the
50 United States.
51 (t)1. Whether the applicant has never been convicted of a
52 felony, and, if convicted, has had his or her civil rights
53 restored by including the statement “I affirm I have never been
54 am not a convicted of a felony felon, or, if I am, my rights
55 relating to voting have been restored.” and providing a box for
56 the applicant to check to affirm the statement.
57 2. Whether the applicant has been convicted of a felony,
58 and if convicted, has had his or her civil rights restored
59 through executive clemency, by including the statement “If I
60 have been convicted of a felony, I affirm my voting rights have
61 been restored by the Board of Executive Clemency.” and providing
62 a box for the applicant to check to affirm the statement.
63 3. Whether the applicant has been convicted of a felony
64 and, if convicted, has had his or her voting rights restored
65 pursuant s. 4, Art. VI of the State Constitution, by including
66 the statement “If I have been convicted of a felony, I affirm my
67 voting rights have been restored pursuant to s. 4, Art. VI of
68 the State Constitution upon the completion of all terms of my
69 sentence, including parole or probation.” and providing a box
70 for the applicant to check to affirm the statement.
71 (u) Whether the applicant has been adjudicated mentally
72 incapacitated with respect to voting or, if so adjudicated, has
73 had his or her right to vote restored by including the statement
74 “I affirm I have not been adjudicated mentally incapacitated
75 with respect to voting, or, if I have, my competency has been
76 restored.” and providing a box for the applicant to check to
77 affirm the statement. The registration application must be in
78 plain language and designed so that persons who have been
79 adjudicated mentally incapacitated are not required to reveal
80 their prior adjudication.
81
82 The registration application must be in plain language and
83 designed so that convicted felons whose civil rights have been
84 restored and persons who have been adjudicated mentally
85 incapacitated and have had their voting rights restored are not
86 required to reveal their prior conviction or adjudication.
87 Section 2. Paragraph (a) of subsection (5), of section
88 97.053, Florida Statutes, is amended to read:
89 97.053 Acceptance of voter registration applications.—
90 (5)(a) A voter registration application is complete if it
91 contains the following information necessary to establish the
92 applicant’s eligibility pursuant to s. 97.041, including:
93 1. The applicant’s name.
94 2. The applicant’s address of legal residence, including a
95 distinguishing apartment, suite, lot, room, or dormitory room
96 number or other identifier, if appropriate. Failure to include a
97 distinguishing apartment, suite, lot, room, or dormitory room or
98 other identifier on a voter registration application does not
99 impact a voter’s eligibility to register to vote or cast a
100 ballot, and such an omission may not serve as the basis for a
101 challenge to a voter’s eligibility or reason to not count a
102 ballot.
103 3. The applicant’s date of birth.
104 4. A mark in the checkbox affirming that the applicant is a
105 citizen of the United States.
106 5.a. The applicant’s current and valid Florida driver
107 license number or the identification number from a Florida
108 identification card issued under s. 322.051, or
109 b. If the applicant has not been issued a current and valid
110 Florida driver license or a Florida identification card, the
111 last four digits of the applicant’s social security number.
112
113 In case an applicant has not been issued a current and valid
114 Florida driver license, Florida identification card, or social
115 security number, the applicant shall affirm this fact in the
116 manner prescribed in the uniform statewide voter registration
117 application.
118 6. A mark in the applicable checkbox affirming that the
119 applicant has not been convicted of a felony or that, if
120 convicted, has had his or her civil rights restored through
121 executive clemency, or has had his or her voting civil rights
122 restored pursuant s. 4, Art. VI of the State Constitution.
123 7. A mark in the checkbox affirming that the applicant has
124 not been adjudicated mentally incapacitated with respect to
125 voting or that, if so adjudicated, has had his or her right to
126 vote restored.
127 8. The original signature or a digital signature
128 transmitted by the Department of Highway Safety and Motor
129 Vehicles of the applicant swearing or affirming under the
130 penalty for false swearing pursuant to s. 104.011 that the
131 information contained in the registration application is true
132 and subscribing to the oath required by s. 3, Art. VI of the
133 State Constitution and s. 97.051.
134 Section 3. Paragraph (c) of subsection (1) of section
135 98.045, Florida Statutes, is amended to read:
136 98.045 Administration of voter registration.—
137 (1) ELIGIBILITY OF APPLICANT.—The supervisor must ensure
138 that any eligible applicant for voter registration is registered
139 to vote and that each application for voter registration is
140 processed in accordance with law. The supervisor shall determine
141 whether a voter registration applicant is ineligible based on
142 any of the following:
143 (c) The applicant has been convicted of a felony for which
144 his or her voting civil rights have not been restored.
145 Section 4. Subsections (5) and (6) and paragraph (a) of
146 subsection (7) of section 98.075, Florida Statutes, are amended
147 to read:
148 98.075 Registration records maintenance activities;
149 ineligibility determinations.—
150 (5) FELONY CONVICTION.—The department shall identify those
151 registered voters who have been convicted of a felony and whose
152 voting rights have not been restored by comparing information
153 received from, but not limited to, a clerk of the circuit court,
154 the Board of Executive Clemency, the Department of Corrections,
155 the Department of Law Enforcement, or a United States Attorney’s
156 Office, as provided in s. 98.093. The department shall review
157 such information and make an initial determination as to whether
158 the information is credible and reliable. If the department
159 determines that the information is credible and reliable, the
160 department shall notify the supervisor and provide a copy of the
161 supporting documentation indicating the potential ineligibility
162 of the voter to be registered. Upon receipt of the notice that
163 the department has made a determination of initial credibility
164 and reliability, the supervisor shall adhere to the procedures
165 set forth in subsection (7) prior to the removal of a registered
166 voter’s name from the statewide voter registration system.
167 (6) OTHER BASES FOR INELIGIBILITY.—If the department or
168 supervisor receives information from sources other than those
169 identified in subsections (2)-(5) that a registered voter is
170 ineligible because he or she is deceased, adjudicated a
171 convicted felon without having had his or her voting civil
172 rights restored, adjudicated mentally incapacitated without
173 having had his or her voting rights restored, does not meet the
174 age requirement pursuant to s. 97.041, is not a United States
175 citizen, is a fictitious person, or has listed a residence that
176 is not his or her legal residence, the supervisor must adhere to
177 the procedures set forth in subsection (7) prior to the removal
178 of a registered voter’s name from the statewide voter
179 registration system.
180 (7) PROCEDURES FOR REMOVAL.—
181 (a) If the supervisor receives notice or information
182 pursuant to subsections (4)-(6), the supervisor of the county in
183 which the voter is registered shall:
184 1. Notify the registered voter of his or her potential
185 ineligibility by mail within 7 days after receipt of notice or
186 information. The notice shall include:
187 a. A statement of the basis for the registered voter’s
188 potential ineligibility and a copy of any documentation upon
189 which the potential ineligibility is based. Such documentation
190 must include any conviction from another jurisdiction determined
191 to be a similar offense to murder or a felony sexual offense, as
192 those terms are defined in s. 98.0751.
193 b. A statement that failure to respond within 30 days after
194 receipt of the notice may result in a determination of
195 ineligibility and in removal of the registered voter’s name from
196 the statewide voter registration system.
197 c. A return form that requires the registered voter to
198 admit or deny the accuracy of the information underlying the
199 potential ineligibility for purposes of a final determination by
200 the supervisor.
201 d. A statement that, if the voter is denying the accuracy
202 of the information underlying the potential ineligibility, the
203 voter has a right to request a hearing for the purpose of
204 determining eligibility.
205 e. Instructions for the registered voter to contact the
206 supervisor of elections of the county in which the voter is
207 registered if assistance is needed in resolving the matter.
208 f. Instructions for seeking restoration of civil rights
209 pursuant to s. 8, Art. IV of the State Constitution and
210 information explaining voting rights restoration pursuant to s.
211 4., Art. VI of the State Constitution following a felony
212 conviction, if applicable.
213 2. If the mailed notice is returned as undeliverable, the
214 supervisor shall publish notice once in a newspaper of general
215 circulation in the county in which the voter was last
216 registered. The notice shall contain the following:
217 a. The voter’s name and address.
218 b. A statement that the voter is potentially ineligible to
219 be registered to vote.
220 c. A statement that failure to respond within 30 days after
221 the notice is published may result in a determination of
222 ineligibility by the supervisor and removal of the registered
223 voter’s name from the statewide voter registration system.
224 d. An instruction for the voter to contact the supervisor
225 no later than 30 days after the date of the published notice to
226 receive information regarding the basis for the potential
227 ineligibility and the procedure to resolve the matter.
228 e. An instruction to the voter that, if further assistance
229 is needed, the voter should contact the supervisor of elections
230 of the county in which the voter is registered.
231 3. If a registered voter fails to respond to a notice
232 pursuant to subparagraph 1. or subparagraph 2., the supervisor
233 shall make a final determination of the voter’s eligibility. If
234 the supervisor determines that the voter is ineligible, the
235 supervisor shall remove the name of the registered voter from
236 the statewide voter registration system. The supervisor shall
237 notify the registered voter of the supervisor’s determination
238 and action.
239 4. If a registered voter responds to the notice pursuant to
240 subparagraph 1. or subparagraph 2. and admits the accuracy of
241 the information underlying the potential ineligibility, the
242 supervisor shall make a final determination of ineligibility and
243 shall remove the voter’s name from the statewide voter
244 registration system. The supervisor shall notify the registered
245 voter of the supervisor’s determination and action.
246 5. If a registered voter responds to the notice issued
247 pursuant to subparagraph 1. or subparagraph 2. and denies the
248 accuracy of the information underlying the potential
249 ineligibility but does not request a hearing, the supervisor
250 shall review the evidence and make a final determination of
251 eligibility. If such registered voter requests a hearing, the
252 supervisor shall send notice to the registered voter to attend a
253 hearing at a time and place specified in the notice. Upon
254 hearing all evidence presented at the hearing, the supervisor
255 shall make a determination of eligibility. If the supervisor
256 determines that the registered voter is ineligible, the
257 supervisor shall remove the voter’s name from the statewide
258 voter registration system and notify the registered voter of the
259 supervisor’s determination and action.
260 Section 5. Section 98.0751, Florida Statutes, is created to
261 read:
262 98.0751 Restoration of voting rights; termination of
263 ineligibility subsequent to a felony conviction.—
264 (1) A person who has been disqualified from voting based on
265 a felony conviction for an offense other than murder or a felony
266 sexual offense must have such disqualification terminated and
267 his or her voting rights restored pursuant to s. 4, Art. VI of
268 the State Constitution upon the completion of all terms of his
269 or her sentence, including parole or probation. The voting
270 disqualification does not terminate unless a person’s civil
271 rights are restored pursuant to s. 8, Art. IV of the State
272 Constitution if the disqualification arises from a felony
273 conviction of murder or a felony sexual offense, or if the
274 person has not completed all terms of sentence, as specified
275 under subsection (2).
276 (2) For purposes of this section, the term:
277 (a) “Completion of all terms of sentence” means any portion
278 of a sentence that is contained in the four corners of the
279 sentencing document, including, but not limited to:
280 1. Release from any term of imprisonment ordered by the
281 court as a part of the sentence;
282 2. Termination from any term of probation or community
283 control ordered by the court as a part of the sentence;
284 3. Fulfillment of any term ordered by the court as a part
285 of the sentence;
286 4. Termination from any term of any supervision, which is
287 monitored by the Florida Commission on Offender Review,
288 including, but not limited to, parole; and
289 5.a. Full payment of restitution ordered to a victim by the
290 court as a part of the sentence. A victim includes, but is not
291 limited to, a person or persons, the estate or estates thereof,
292 an entity, the state, or the Federal Government.
293 b. Full payment of fines or fees ordered as a part of the
294 sentence or that are ordered by the court as a condition of any
295 form of supervision, including, but not limited to, probation,
296 community control, or parole.
297 c. The financial obligations required under sub
298 subparagraph a. or sub-subparagraph b. include only the amount
299 specifically ordered by the court as part of the sentence and do
300 not include any fines, fees, or costs that accrue after the date
301 the obligation is ordered as a part of the sentence.
302 d. Financial obligations required under sub-subparagraph a.
303 or sub-subparagraph b. are considered completed in the following
304 manner or in any combination thereof:
305 (I) Actual payment of the obligation in full.
306 (II) Upon the payee’s approval, the termination by the
307 court of any financial obligation to a payee, including, but not
308 limited to, a victim, or the court.
309 (III) Completion of all community service hours, if the
310 court, unless otherwise prohibited by law or the State
311 Constitution, converts the financial obligation to community
312 service.
313
314 A term required to be completed in accordance with this
315 paragraph shall be deemed completed if the court modifies the
316 original sentencing order to no longer require completion of
317 such term.
318 (b) “Felony sexual offense” means either of the following:
319 1. Any felony offense that serves as a predicate to
320 registration as a sexual offender in accordance with s.
321 943.0435; or
322 2. Any similar offense committed in another jurisdiction
323 which would be an offense listed in this paragraph if it had
324 been committed in violation of the laws of this state.
325 (c) “Murder” means either of the following:
326 1. A violation of any of the following sections which
327 results in the actual killing of a human being:
328 a. Section 775.33(4).
329 b. Section 782.04(1), (2), or (3).
330 c. Section 782.09.
331 2. Any similar offense committed in another jurisdiction
332 which would be an offense listed in this paragraph if it had
333 been committed in violation of the laws of this state.
334 (3)(a) The department shall obtain and review information
335 pursuant to s. 98.075(5) related to a person who registers to
336 vote and make an initial determination on whether such
337 information is credible and reliable regarding whether the
338 person is eligible pursuant to s. 4., Art. VI of the State
339 Constitution and this section. Upon making an initial
340 determination of the credibility and reliability of such
341 information, the department shall forward such information to
342 the supervisor of elections pursuant to s. 98.075.
343 (b) A local supervisor of elections shall verify and make a
344 final determination pursuant to s. 98.075 regarding whether the
345 person who registers to vote is eligible pursuant to s. 4., Art.
346 VI of the State Constitution and this section.
347 (c) The supervisor of elections may request additional
348 assistance from the department in making the final
349 determination, if necessary.
350 (4) For the purpose of determining a voter registrant’s
351 eligibility, the provisions of this section shall be strictly
352 construed. If a provision is susceptible to differing
353 interpretations, it shall be construed in favor of the
354 registrant.
355 Section 6. Section 104.011, Florida Statutes, is amended to
356 read:
357 104.011 False swearing; submission of false voter
358 registration information; prosecution prohibited.—
359 (1) A person who willfully swears or affirms falsely to any
360 oath or affirmation, or willfully procures another person to
361 swear or affirm falsely to an oath or affirmation, in connection
362 with or arising out of voting or elections commits a felony of
363 the third degree, punishable as provided in s. 775.082, s.
364 775.083, or s. 775.084.
365 (2) A person who willfully submits any false voter
366 registration information commits a felony of the third degree,
367 punishable as provided in s. 775.082 or s. 775.083.
368 (3) A person may not be charged or convicted for a
369 violation of this section for affirming that he or she has not
370 been convicted of a felony or that, if convicted, he or she has
371 had voting rights restored, if such violation is alleged to have
372 occurred on or after January 8, 2019, but before the effective
373 date of this act.
374 Section 7. Section 940.061, Florida Statutes, is amended to
375 read:
376 940.061 Informing persons about executive clemency, and
377 restoration of civil rights, and restoration of voting rights.
378 The Department of Corrections shall inform and educate inmates
379 and offenders on community supervision about the restoration of
380 civil rights and the restoration of voting rights resulting from
381 the removal of the disqualification to vote pursuant to s. 4,
382 Art. VI of the State Constitution. Each month, the Department of
383 Corrections shall send to the Florida Commission on Offender
384 Review by electronic means a list of the names of inmates who
385 have been released from incarceration and offenders who have
386 been terminated from supervision who may be eligible for
387 restoration of civil rights.
388 Section 8. Subsection (1) of section 944.292, Florida
389 Statutes, is amended to read:
390 944.292 Suspension of civil rights.—
391 (1) Upon conviction of a felony as defined in s. 10, Art. X
392 of the State Constitution, the civil rights of the person
393 convicted shall be suspended in Florida until such rights are
394 restored by a full pardon, conditional pardon, or restoration of
395 civil rights granted pursuant to s. 8, Art. IV of the State
396 Constitution. Notwithstanding the suspension of civil rights,
397 such a convicted person may obtain restoration of his or her
398 voting rights pursuant to s. 4, Art. VI of the State
399 Constitution and s. 98.0751.
400 Section 9. Subsection (6) of section 944.705, Florida
401 Statutes, is amended to read:
402 944.705 Release orientation program.—
403 (6)(a) The department shall notify every inmate, in no less
404 than 18-point type in the inmate’s release documents:,
405 1. Of all outstanding terms of the inmate’s sentence at the
406 time of release to assist the inmate in determining his or her
407 status with regard to the completion of all terms of sentence,
408 as that term is defined in s. 98.0751. This subparagraph does
409 not apply to inmates who are being released from the custody of
410 the department to any type of supervision monitored by the
411 department; and
412 2. In not less than 18-point type, that the inmate may be
413 sentenced pursuant to s. 775.082(9) if the inmate commits any
414 felony offense described in s. 775.082(9) within 3 years after
415 the inmate’s release. This notice must be prefaced by the word
416 “WARNING” in boldfaced type.
417 (b) Nothing in This section does not preclude precludes the
418 sentencing of a person pursuant to s. 775.082(9), and nor shall
419 evidence that the department failed to provide this notice does
420 not prohibit a person from being sentenced pursuant to s.
421 775.082(9). The state is shall not be required to demonstrate
422 that a person received any notice from the department in order
423 for the court to impose a sentence pursuant to s. 775.082(9).
424 Section 10. Present subsection (3) of section 947.24,
425 Florida Statutes, is renumbered as subsection (4), and a new
426 subsection (3) is added to that section, to read:
427 947.24 Discharge from parole supervision or release
428 supervision.—
429 (3) Upon the termination of an offender’s term of
430 supervision, which is monitored by the commission, including,
431 but not limited to, parole, the commission must notify the
432 offender in writing of all outstanding terms at the time of
433 termination to assist the offender in determining his or her
434 status with regard to the completion of all terms of sentence,
435 as that term is defined in s. 98.0751.
436 Section 11. Section 948.041, Florida Statutes, is created
437 to read:
438 948.041 Notification of outstanding terms of sentence upon
439 termination of probation or community control.—Upon the
440 termination of an offender’s term of probation or community
441 control, the department must notify the offender in writing of
442 all outstanding terms at the time of termination to assist the
443 offender in determining his or her status with regard to the
444 completion of all terms of sentence, as that term is defined in
445 s. 98.0751.
446 Section 12. Subsection (1) of section 951.29, Florida
447 Statutes, is amended to read:
448 951.29 Procedure for requesting restoration of civil rights
449 or restoration of voting rights of county prisoners convicted of
450 felonies.—
451 (1) With respect to a person who has been convicted of a
452 felony and is serving a sentence in a county detention facility,
453 the administrator of the county detention facility shall provide
454 the following to the prisoner, at least 2 weeks before
455 discharge, if possible:,
456 (a) An application form obtained from the Florida
457 Commission on Offender Review which the prisoner must complete
458 in order to begin the process of having his or her civil rights
459 restored;.
460 (b) Information explaining voting rights restoration
461 pursuant to s. 4, Art. VI of the State Constitution; and
462 (c) Written notification of all outstanding terms of the
463 prisoner’s sentence at the time of release to assist the
464 prisoner in determining his or her status with regard to the
465 completion of all terms of sentence, as that term is defined in
466 s. 98.0751.
467 Section 13. Restoration of Voting Rights Work Group.—The
468 Restoration of Voting Rights Work Group is created within the
469 Department of State for the purpose of conducting a
470 comprehensive review of the department’s process of verifying
471 registered voters who have been convicted of a felony, but who
472 may be eligible for restoration of voting rights under s. 4,
473 Art. VI of the State Constitution.
474 (1) MEMBERSHIP.—The work group is comprised of the
475 following members:
476 (a) The Secretary of State or his or her designee, who
477 shall serve as chair for the work group.
478 (b) The Secretary of Corrections or his or her designee.
479 (c) The executive director of the Department of Law
480 Enforcement or his or her designee.
481 (d) The Chairman of the Florida Commission on Offender
482 Review or his or her designee.
483 (e) Two clerks of the circuit court appointed by the
484 Governor.
485 (f) Two supervisors of elections appointed by the Governor.
486 (2) TERMS OF MEMBERSHIP.—Appointments to the work group
487 shall be made within 30 days of the effective date of this act.
488 All members shall serve for the duration of the work group. Any
489 vacancy shall be filled by the original appointing authority for
490 the remainder of the work group’s existence.
491 (3) DUTIES.—The work group is authorized and directed to
492 study, evaluate, analyze, and undertake a comprehensive review
493 of the Department of State’s process of verifying registered
494 voters who have been convicted of a felony, but who may be
495 eligible for restoration of voting rights under s. 4, Art. VI of
496 the State Constitution, to develop recommendations for the
497 Legislature, related to:
498 (a) The consolidation of all relevant data necessary to
499 verify the eligibility of a registered voter for restoration of
500 voting rights under s. 4, Art. VI of the State Constitution. If
501 any entity is recommended to manage the consolidated relevant
502 data, the recommendations must provide the feasibility of such
503 entity to manage the consolidated relevant data and a timeline
504 for implementation of such consolidation.
505 (b) The process of informing a registered voter of the
506 entity or entities that are custodians of the relevant data
507 necessary for verifying his or her eligibility for restoration
508 of voting rights under s. 4, Art. VI of the State Constitution.
509 (c) Any other relevant policies or procedures for verifying
510 the eligibility of a registered voter for restoration of voting
511 rights under s. 4, Art. VI of the State Constitution.
512 (4) REPORT.—The work group shall submit a report of its
513 findings, conclusions, and recommendations for the Legislature
514 to the President of the Senate and the Speaker of the House of
515 Representatives by November 1, 2019. Upon submission of the
516 report, the work group is dissolved and discharged of further
517 duties.
518 (5) STAFFING.—The Department of State shall provide support
519 for the work group in performing its duties.
520 (6) PER DIEM AND TRAVEL EXPENSES.—Work group members shall
521 serve without compensation but are entitled to receive
522 reimbursement for per diem and travel expenses as provided in s.
523 112.061, Florida Statutes.
524 (7) EXPIRATION.—This section expires January 31, 2020.
525 Section 14. The Division of Law Revision is directed to
526 replace the phrase “the effective date of this act” wherever it
527 occurs in this act with the date this act becomes a law.
528 Section 15. This act shall take effect upon becoming a law.
529
530 ================= T I T L E A M E N D M E N T ================
531 And the title is amended as follows:
532 Delete everything before the enacting clause
533 and insert:
534 A bill to be entitled
535 An act relating to voting rights restoration; amending
536 ss. 97.052 and 97.053, F.S.; revising requirements for
537 the uniform statewide voter registration application
538 to modify statements an applicant must affirm;
539 revising terminology regarding voting rights
540 restoration to conform to the State Constitution;
541 amending s. 98.045, F.S.; revising terminology
542 regarding voting rights restoration to conform to the
543 State Constitution; amending s. 98.075, F.S.; revising
544 terminology regarding voting rights restoration to
545 conform to the State Constitution; requiring the
546 supervisor of elections of the county in which an
547 ineligible voter is registered to notify the voter of
548 instructions for seeking restoration of voting rights
549 pursuant to s. 4, Art. VI of the State Constitution,
550 in addition to restoration of civil rights pursuant to
551 s. 8, Art. IV of the State Constitution; requiring a
552 notice of a registered voter’s potential ineligibility
553 to include specified information; creating s. 98.0751,
554 F.S.; requiring the voting disqualification of certain
555 felons to be removed and voting rights restored
556 pursuant to s. 4, Art. VI of the State Constitution;
557 providing that the voting disqualification arising
558 from specified factors is not removed unless a
559 person’s civil rights are restored through the
560 clemency process pursuant to s. 8, Art. IV of the
561 State Constitution; providing definitions; requiring
562 the Department of State to review information and make
563 an initial determination regarding certain credible
564 and reliable information; requiring the department to
565 forward specified information to supervisors of
566 elections; requiring the supervisor of elections to
567 make a final determination of whether a person who has
568 been convicted of a felony offense is eligible to
569 register to vote, including if he or she has completed
570 all the terms of his or her sentence; authorizing the
571 department to assist the supervisor of elections with
572 such final determination, if necessary; requiring
573 specified provisions to be construed in favor of a
574 voter registrant; amending s. 104.011, F.S.;
575 prohibiting a person from being charged or convicted
576 for violations regarding false swearing or submitting
577 false voter registration information under certain
578 conditions; amending s. 940.061, F.S.; requiring the
579 Department of Corrections to inform inmates and
580 offenders of voting rights restoration pursuant to s.
581 4, Art. VI of the State Constitution, in addition to
582 executive clemency and civil rights restoration;
583 amending s. 944.292, F.S.; conforming a provision
584 regarding the suspension of civil rights; amending s.
585 944.705, F.S.; requiring the Department of Corrections
586 to include notification of all outstanding terms of
587 sentence in an inmate’s release documents; providing
588 an exception to the notification requirement for
589 inmates who are released to any type of supervision
590 monitored by the department; amending s. 947.24, F.S.;
591 requiring the Florida Commission on Offender Review,
592 upon the termination of an offender’s term of parole,
593 control release, or conditional release, to provide
594 written notification to the offender of all
595 outstanding terms of sentence; creating s. 948.041,
596 F.S.; requiring the department, upon the termination
597 of an offender’s term of probation or community
598 control, to provide written notification to the
599 offender of all outstanding terms of sentence;
600 amending s. 951.29, F.S.; requiring each county
601 detention facility to provide information on the
602 restoration of voting rights pursuant to s. 4, Art. VI
603 of the State Constitution to certain prisoners;
604 requiring each county detention facility to provide
605 written notification to certain prisoners of all
606 outstanding terms of sentence upon release; creating
607 the Restoration of Voting Rights Work Group within the
608 Department of State; specifying membership of the work
609 group; establishing the manner of appointments and the
610 terms of membership; prescribing the duties of the
611 work group; requiring the work group to submit a
612 report to the Legislature by a specified date;
613 providing for staffing; authorizing reimbursement for
614 per diem and travel expenses; providing for expiration
615 of the work group; providing a directive to the
616 Division of Law Revision; providing an effective date.