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. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 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: 55 104.47 Affirmative 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.