Florida Senate - 2023                                    SB 1668
       By Senator Davis
       5-01768A-23                                           20231668__
    1                        A bill to be entitled                      
    2         An act relating to restoration of voting rights;
    3         creating s. 98.094, F.S.; requiring the Department of
    4         State to adopt procedures by a specified date to
    5         ensure that certain information is reviewed and
    6         provided, within a specified timeframe, to supervisors
    7         of elections; requiring the department to notify
    8         ineligible voters after a supervisor of elections
    9         makes a determination that a person is ineligible to
   10         vote and removes that person from the statewide voter
   11         registration system; requiring the department to
   12         provide persons who are the subject of such a
   13         determination with specified information; requiring
   14         that notification be made through specified means;
   15         creating s. 104.47, F.S.; providing an affirmative
   16         defense for individuals charged with specified crimes;
   17         providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Section 98.094, Florida Statutes, is created to
   22  read:
   23         98.094 Schedule for the Department of State to furnish and
   24  publish information relating to deceased persons, persons
   25  adjudicated mentally incapacitated, persons convicted of a
   26  felony, and persons who are not United States citizens.—
   27         (1)In order for supervisors to timely identify ineligible
   28  registered voters and maintain accurate and current voter
   29  registration records in the statewide voter registration system
   30  pursuant to the procedures in ss. 98.065 and 98.075, the
   31  department shall adopt procedures by January 31, 2024, to ensure
   32  that it will review the information provided or made accessible
   33  by federal or state officials pursuant to s. 98.093 and provide
   34  all such information to supervisors pursuant to s. 98.075 as
   35  soon as practicable, but no later than 1 month after receipt.
   36         (2)Once a supervisor makes a final determination pursuant
   37  to s. 98.075 that a person who registered to vote is ineligible
   38  pursuant to s. 4, Art. VI of the State Constitution and s.
   39  98.0751 and has removed the person from the statewide voter
   40  registration system pursuant to s. 98.075(7), the department
   41  shall immediately notify the ineligible voter of his or her
   42  ineligibility and the basis for that determination and provide
   43  him or her with information regarding any outstanding terms of
   44  sentence as provided in s. 948.041, information explaining
   45  voting rights restoration pursuant to s. 4, Art. VI of the State
   46  Constitution following a felony conviction, and instructions for
   47  seeking restoration of civil rights pursuant to s. 8, Art. IV of
   48  the State Constitution. The department must also provide the
   49  person with contact information for a person designated by the
   50  department to address questions regarding the restoration of
   51  civil and voting rights. Such notification must be made by e
   52  mail, text message, telephone, and certified mail.
   53         Section 2. Section 104.47, Florida Statutes, is created to
   54  read:
   55         104.47Affirmative defense to voting fraud crimes.—In a
   56  criminal action pursuant to any statute that imposes criminal
   57  liability related to voting or registering to vote, including,
   58  but not limited to, s. 104.011, s. 104.041, s. 104.15, or s.
   59  104.16, a person who registers to vote or casts a ballot which
   60  was authorized by the department, a supervisor, or a state
   61  agency that had access to information indicating the person’s
   62  potential ineligibility to vote, or the provision of a voter
   63  information card by the department, is an affirmative defense.
   64         Section 3. This act shall take effect July 1, 2023.