Florida Senate - 2024 SB 856 By Senator Jones 34-01139-24 2024856__ 1 A bill to be entitled 2 An act relating to restoration of voting rights 3 information on sentencing scoresheets; amending s. 4 921.0024, F.S.; specifying information to be provided 5 on sentencing scoresheets concerning restoration of 6 voting rights; requiring that a scoresheet be provided 7 to a defendant before a sentence is imposed; providing 8 an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraphs (c) and (d) are added to subsection 13 (1) of section 921.0024, Florida Statutes, to read: 14 921.0024 Criminal Punishment Code; worksheet computations; 15 scoresheets.— 16 (1) 17 (c) NOTICE CONCERNING VOTING RIGHTS: 18 Article VI, s. 4(a) and (b) of the Florida Constitution 19 provide the following concerning voting rights: 20 SECTION 4. Disqualifications.— 21 (a) No person convicted of a felony, or adjudicated in this 22 or any other state to be mentally incompetent, shall be 23 qualified to vote or hold office until restoration of civil 24 rights or removal of disability. Except as provided in 25 subsection (b) of this section, any disqualification from voting 26 arising from a felony conviction shall terminate and voting 27 rights shall be restored upon completion of all terms of 28 sentence including parole or probation. 29 (b) No person convicted of murder or a felony sexual 30 offense shall be qualified to vote until restoration of civil 31 rights. 32 33 Section 98.0751 of the Florida Statutes provides the 34 following concerning restoration of voting rights: 35 98.0751 Restoration of voting rights; termination of 36 ineligibility subsequent to a felony conviction.— 37 (1) A person who has been disqualified from voting based on 38 a felony conviction for an offense other than murder or a felony 39 sexual offense must have such disqualification terminated and 40 his or her voting rights restored pursuant to s. 4, Art. VI of 41 the State Constitution upon the completion of all terms of his 42 or her sentence, including parole or probation. The voting 43 disqualification does not terminate unless a person’s civil 44 rights are restored pursuant to s. 8, Art. IV of the State 45 Constitution if the disqualification arises from a felony 46 conviction of murder or a felony sexual offense, or if the 47 person has not completed all terms of sentence, as specified in 48 subsection (2). 49 (2) For purposes of this section, the term: 50 (a) “Completion of all terms of sentence” means any portion 51 of a sentence that is contained in the four corners of the 52 sentencing document, including, but not limited to: 53 1. Release from any term of imprisonment ordered by the 54 court as a part of the sentence; 55 2. Termination from any term of probation or community 56 control ordered by the court as a part of the sentence; 57 3. Fulfillment of any term ordered by the court as a part 58 of the sentence; 59 4. Termination from any term of any supervision, which is 60 monitored by the Florida Commission on Offender Review, 61 including, but not limited to, parole; and 62 5.a. Full payment of restitution ordered to a victim by the 63 court as a part of the sentence. A victim includes, but is not 64 limited to, a person or persons, the estate or estates thereof, 65 an entity, the state, or the Federal Government. 66 b. Full payment of fines or fees ordered by the court as a 67 part of the sentence or that are ordered by the court as a 68 condition of any form of supervision, including, but not limited 69 to, probation, community control, or parole. 70 c. The financial obligations required under sub 71 subparagraph a. or sub-subparagraph b. include only the amount 72 specifically ordered by the court as part of the sentence and do 73 not include any fines, fees, or costs that accrue after the date 74 the obligation is ordered as a part of the sentence. 75 d. For the limited purpose of addressing a plea for relief 76 pursuant to sub-subparagraph e. and notwithstanding any other 77 statute, rule, or provision of law, a court may not be 78 prohibited from modifying the financial obligations of an 79 original sentence required under sub-subparagraph a. or sub 80 subparagraph b. Such modification shall not infringe on a 81 defendant’s or a victim’s rights provided in the United States 82 Constitution or the State Constitution. 83 e. Financial obligations required under sub-subparagraph a. 84 or sub-subparagraph b. are considered completed in the following 85 manner or in any combination thereof: 86 (I) Actual payment of the obligation in full. 87 (II) Upon the payee’s approval, either through appearance 88 in open court or through the production of a notarized consent 89 by the payee, the termination by the court of any financial 90 obligation to a payee, including, but not limited to, a victim, 91 or the court. 92 (III) Completion of all community service hours, if the 93 court, unless otherwise prohibited by law or the State 94 Constitution, converts the financial obligation to community 95 service. 96 97 A term required to be completed in accordance with this 98 paragraph shall be deemed completed if the court modifies the 99 original sentencing order to no longer require completion of 100 such term. The requirement to pay any financial obligation 101 specified in this paragraph is not deemed completed upon 102 conversion to a civil lien. 103 (b) “Felony sexual offense” means any of the following: 104 1. Any felony offense that serves as a predicate to 105 registration as a sexual offender in accordance with s. 106 943.0435; 107 2. Section 491.0112 [sexual misconduct by a 108 psychotherapist]; 109 3. Section 784.049(3)(b) [sexual cyberharassment by someone 110 with one prior conviction]; 111 4. Section 794.08 [female genital mutilation]; 112 5. Section 796.08 [criminal transmission of HIV]; 113 6. Section 800.101 [offenses against students by authority 114 figures]; 115 7. Section 826.04 [incest]; 116 8. Section 847.012 [sale or distribution of material 117 harmful to minors or using minors in production]; 118 9. Section 872.06(2) [abuse of a dead human body]; 119 10. Section 944.35(3)(b)2. [sexual misconduct with inmate 120 or supervised offender]; 121 11. Section 951.221(1) [sexual misconduct between detention 122 facility employees and inmates]; or 123 12. Any similar offense committed in another jurisdiction 124 which would be an offense listed in this paragraph if it had 125 been committed in violation of the laws of this state. 126 (c) “Murder” means either of the following: 127 1. A violation of any of the following sections which 128 results in the actual killing of a human being: 129 a. Section 775.33(4) [terrorism resulting in death]. 130 b. Section 782.04(1), (2), or (3) [murder]. 131 c. Section 782.09 [killing of unborn child by injury to 132 mother]. 133 2. Any similar offense committed in another jurisdiction 134 which would be an offense listed in this paragraph if it had 135 been committed in violation of the laws of this state. 136 (3)(a) The department [of State] shall obtain and review 137 information pursuant to s. 98.075(5) related to a person who 138 registers to vote and make an initial determination on whether 139 such information is credible and reliable regarding whether the 140 person is eligible pursuant to s. 4, Art. VI of the State 141 Constitution and this section. Upon making an initial 142 determination of the credibility and reliability of such 143 information, the department [of State] shall forward such 144 information to the supervisor of elections pursuant to s. 145 98.075. 146 (b) A local supervisor of elections shall verify and make a 147 final determination pursuant to s. 98.075 regarding whether the 148 person who registers to vote is eligible pursuant to s. 4, Art. 149 VI of the State Constitution and this section. 150 (c) The supervisor of elections may request additional 151 assistance from the department [of State] in making the final 152 determination, if necessary. 153 (4) For the purpose of determining a voter registrant’s 154 eligibility, the provisions of this section shall be strictly 155 construed. If a provision is susceptible to differing 156 interpretations, it shall be construed in favor of the 157 registrant. 158 159 (d) DEFENDANT RECEIPT OF SCORESHEET NOTICE: In order for a 160 defendant to receive notice of the impact of his or her sentence 161 on voter eligibility, each defendant must receive a copy of the 162 scoresheet containing the notice in paragraph (c) before a 163 sentence is imposed. 164 Section 2. This act shall take effect July 1, 2024.