Florida Senate - 2021                                    SB 1418
       By Senator Thurston
       33-01835-21                                           20211418__
    1                        A bill to be entitled                      
    2         An act relating to restoration of voting rights;
    3         amending s. 98.0751, F.S.; revising the definition of
    4         the term “completion of all terms of sentence” to
    5         remove a provision requiring full payment of certain
    6         fines and fees; conforming provisions to changes made
    7         by the act; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Paragraph (a) of subsection (2) of section
   12  98.0751, Florida Statutes, is amended to read:
   13         98.0751 Restoration of voting rights; termination of
   14  ineligibility subsequent to a felony conviction.—
   15         (2) For purposes of this section, the term:
   16         (a) “Completion of all terms of sentence” means any portion
   17  of a sentence that is contained in the four corners of the
   18  sentencing document, including, but not limited to:
   19         1. Release from any term of imprisonment ordered by the
   20  court as a part of the sentence;
   21         2. Termination from any term of probation or community
   22  control ordered by the court as a part of the sentence;
   23         3. Fulfillment of any term ordered by the court as a part
   24  of the sentence;
   25         4. Termination from any term of any supervision, which is
   26  monitored by the Florida Commission on Offender Review,
   27  including, but not limited to, parole; and
   28         5.a. Full payment of restitution ordered to a victim by the
   29  court as a part of the sentence. A victim includes, but is not
   30  limited to, a person or persons, the estate or estates thereof,
   31  an entity, the state, or the Federal Government.
   32         b.Full payment of fines or fees ordered by the court as a
   33  part of the sentence or that are ordered by the court as a
   34  condition of any form of supervision, including, but not limited
   35  to, probation, community control, or parole.
   36         b.c. The financial obligations required under sub
   37  subparagraph a. or sub-subparagraph b. include only the amount
   38  specifically ordered by the court as part of the sentence and do
   39  not include any fines, fees, or costs that accrue after the date
   40  the obligation is ordered as a part of the sentence.
   41         c.d. For the limited purpose of addressing a plea for
   42  relief pursuant to sub-subparagraph d. sub-subparagraph e. and
   43  notwithstanding any other statute, rule, or provision of law, a
   44  court may not be prohibited from modifying the financial
   45  obligations of an original sentence required under sub
   46  subparagraph a. or sub-subparagraph b. Such modification shall
   47  not infringe on a defendant’s or a victim’s rights provided in
   48  the United States Constitution or the State Constitution.
   49         d.e. Financial obligations required under sub-subparagraph
   50  a. or sub-subparagraph b. are considered completed in the
   51  following manner or in any combination thereof:
   52         (I) Actual payment of the obligation in full.
   53         (II) Upon the payee’s approval, either through appearance
   54  in open court or through the production of a notarized consent
   55  by the payee, the termination by the court of any financial
   56  obligation to a payee, including, but not limited to, a victim,
   57  or the court.
   58         (III) Completion of all community service hours, if the
   59  court, unless otherwise prohibited by law or the State
   60  Constitution, converts the financial obligation to community
   61  service.
   63  A term required to be completed in accordance with this
   64  paragraph shall be deemed completed if the court modifies the
   65  original sentencing order to no longer require completion of
   66  such term. The requirement to pay any financial obligation
   67  specified in this paragraph is not deemed completed upon
   68  conversion to a civil lien.
   69         Section 2. This act shall take effect July 1, 2021.