Florida Senate - 2023                                    SB 1296
       
       
        
       By Senator Thompson
       
       
       
       
       
       15-00647A-23                                          20231296__
    1                        A bill to be entitled                      
    2         An act relating to restoration of voting rights;
    3         amending s. 20.32, F.S.; requiring the Florida
    4         Commission on Offender Review to develop and maintain
    5         a database containing certain information for a
    6         certain purpose; requiring certain governmental
    7         entities to provide certain information to the
    8         commission; requiring the Department of Management
    9         Services, acting through the Florida Digital Service,
   10         to provide certain technical assistance to the
   11         commission; authorizing the department to adopt rules;
   12         requiring the commission to make the database
   13         available to the public on an Internet website by a
   14         certain date; requiring the commission to update the
   15         database monthly and publish certain information on
   16         the website; requiring the commission to provide a
   17         comprehensive plan to the Governor and Legislature by
   18         a certain date; providing requirements for the
   19         comprehensive plan; providing that a person who takes
   20         certain actions in reasonable reliance on the database
   21         may not be charged with certain violations of criminal
   22         law; requiring the commission to adopt rules;
   23         providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (4) is added to section 20.32,
   28  Florida Statutes, to read:
   29         20.32 Florida Commission on Offender Review.—
   30         (4)(a)For the purpose of assisting a person who has been
   31  disqualified from voting based on a felony conviction other than
   32  murder or a felony sexual offense in determining whether he or
   33  she has met the requirements under s. 98.0751 to have his or her
   34  voting rights restored pursuant to s. 4, Art. VI of the State
   35  Constitution, the Florida Commission on Offender Review shall
   36  develop and maintain a database that contains for each such
   37  person all of the following information:
   38         1.His or her name and any other personal identifying
   39  information.
   40         2.The remaining length of any term of supervision,
   41  including, but not limited to, probation, community control, or
   42  parole, ordered by a court as a part of his or her sentence.
   43         3.The remaining amount of any restitution owed to a victim
   44  as ordered by a court as a part of his or her sentence.
   45         4.The remaining amount due of any fines or fees that were
   46  initially ordered by a court as a part of his or her sentence or
   47  as a condition of any form of supervision, including, but not
   48  limited to, probation, community control, or parole.
   49         5.The completion status of any other term ordered by a
   50  court as a part of his or her sentence.
   51         6.Any other information needed to determine whether he or
   52  she has met the requirements for restoration of voting rights
   53  under s. 98.0751.
   54         (b)The Department of State, the Department of Corrections,
   55  the clerks of the circuit courts, the county comptrollers, and
   56  the Board of Executive Clemency shall monthly provide to the
   57  commission any information held by these governmental entities
   58  which is required under paragraph (a).
   59         (c)The Department of Management Services, acting through
   60  the Florida Digital Service, shall provide any technical
   61  assistance necessary for the commission to develop and maintain
   62  the database. The Department of Management Services may adopt
   63  rules to provide such assistance.
   64         (d)By July 1, 2026, the commission shall make the database
   65  available to the public on an Internet website. The commission
   66  must update the database monthly with the information received
   67  from each governmental entity under paragraph (b). The
   68  commission shall publish on the website clear instructions that
   69  a person who has been disqualified from voting based on a felony
   70  conviction other than murder or a felony sexual offense may
   71  follow to have his or her voting rights restored and to register
   72  to vote.
   73         (e)By July 1, 2024, the commission shall provide a
   74  comprehensive plan to the Governor, the President of the Senate,
   75  and the Speaker of the House of Representatives which includes
   76  the following:
   77         1.The governmental entities from which and the methods by
   78  which the commission shall collect, centralize, analyze, and
   79  secure the information required to be included in the database.
   80         2.A description of any infrastructure and services,
   81  including, but not limited to, software, hardware, and
   82  information technology services, that may be necessary to create
   83  and maintain the database.
   84         3.The anticipated number of additional employees necessary
   85  for:
   86         a.The commission to develop and maintain the database.
   87         b.A governmental entity to provide the information
   88  required under paragraph (b).
   89         c.The Florida Digital Service to provide the assistance
   90  required under paragraph (c).
   91         4.The anticipated cost to initially develop the database;
   92  the annual cost to maintain the database; and the annual
   93  appropriation required to fund the anticipated costs incurred by
   94  the commission, each governmental entity, and the Florida
   95  Digital Service.
   96         5.Any legal authority necessary for the commission to
   97  develop and maintain the database.
   98         6.Draft legislation to implement the comprehensive plan.
   99         (f)Notwithstanding any law to the contrary, a person who
  100  registers to vote or who votes in reasonable reliance on
  101  information contained in the database indicating that his or her
  102  voting rights have been restored pursuant to s. 4, Art. VI of
  103  the State Constitution has an affirmative right to register and
  104  to vote and may not be charged with a violation of any criminal
  105  law of this state related to fraudulently voting or registering
  106  to vote.
  107         (g)The commission shall adopt rules to implement this
  108  subsection.
  109         Section 2. This act shall take effect July 1, 2023.