2019 S07066 766844

Transcript

1 Florida Senate SENATOR AMENDMENT - 2019 CS/SB 7066, 1st Eng. Bill No. 766844 Ì766844FÎ LEGISLATIVE ACTION Senate House . . . Floor: C Floor: AD/RM . 05/02/2019 07:21 PM . 05/03/2019 03:54 PM . Senator Brandes moved the following: Senate Amendment to House Amendment ( 704217 ) ( with title 1 2 amendment ) 3 4 Delete lines 5 - 11 and insert: shall be placed at the main office of the supervisor, at each 5 6 branch office of the supervisor, and at each early voting site. Secure drop boxes may also be placed at any other site that 7 8 would otherwise qualify as an early voting site under s. 9 101.657(1); provided, however, that any such site must be 10 staffed by during the county's early voting hours of operation an employee of the 11 supervisor’s office or a sworn law Page 1 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

2 Florida Senate - SENATOR AMENDMENT 2019 CS/SB 7066, 1st Eng. Bill No. Ì766844FÎ 766844 12 enforcement officer. Section 21. Subsection (2) of section 97.052, Florida 13 Statutes, is amended to read: 14 15 — 97.052 Uniform statewide voter registration application. (2) The uniform statewide voter registration application 16 must be designed to elicit the following information from the 17 applicant: 18 (a) Last, first, and middle name, including any suffix. 19 (b) Date of birth. 20 (c) Address of legal residence. 21 Mailing address, if different. 22 (d) 23 ant wishes to mail address and whether the applic (e) E - - receive sample ballots by e 24 mail. (f) 25 County of legal residence. Race or ethnicity that best describes the applicant: 26 (g) American Indian or Alaskan Native. 27 1. 2. Asian or Pacific Islander. 28 Black, not Hispanic. 29 3. 4. White, not Hispanic. 30 31 ispanic. H 5. State or country of birth. 32 (h) (i) Sex. 33 Party affiliation. (j) 34 Whether the applicant needs assistance in voting. 35 (k) Name and address where last registered. 36 (l) 37 Last four digits of the applicant’s social security (m) number. 38 39 license number or the identification Florida driver (n) 40 number from a Florida identification card issued under s. Page 2 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

3 Florida Senate - SENATOR AMENDMENT 2019 CS/SB 7066, 1st Eng. Bill No. Ì766844FÎ 766844 322.051. 41 42 An indication, if applicable, that the applicant has (o) 43 not been issued a Florida driver license, a Florida umber. 44 identification card, or a social security n (p) Telephone number (optional). 45 Signature of applicant under penalty for false swearing (q) 46 pursuant to s. 104.011, by which the person subscribes to the 47 oath required by s. 3, Art. VI of the State Constitution and s. 48 97.051, and swears or affirms that the information contained in 49 50 the registration application is true. (r) 51 Whether the application is being used for initial 52 registration, to update a voter registration record, or to request a replacement voter information card. 53 Whether the applicant is a citizen of the United States 54 (s) by asking the question “Are you a citizen of the United States 55 of America?” and providing boxes for the applicant to check to 56 indicate whether the applicant is or is not a citizen of the 57 United States. 58 59 of a (t) 1. Whether the a pplicant has never been convicted , and, if convicted, has had his or her civil rights 60 felony restored by including the statement “I affirm I have never been 61 of a felony 62 felon, or, if I am, my rights am not a convicted 63 relating to voting have been rest ored .” and providing a box for the applicant to check to affirm the statement. 64 Whether the applicant has been convicted of a felony, 65 2. and if convicted, has had his or her civil rights restored 66 through executive clemency, by including the statement “If I 67 68 have been convicted of a felony, I affirm my voting rights have been restored by the Board of Executive Clemency.” and providing 69 Page 3 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

4 Florida Senate SENATOR AMENDMENT - 2019 CS/SB 7066, 1st Eng. Bill No. Ì766844FÎ 766844 70 a box for the applicant to check to affirm the statement. 3. Whether the applicant has been convicted of a felony 71 and, if convi cted, has had his or her voting rights restored 72 pursuant s. 4, Art. VI of the State Constitution, by including 73 the statement “If I have been convicted of a felony, I affirm my 74 75 voting rights have been restored pursuant to s. 4, Art. VI of the State Constitu tion upon the completion of all terms of my 76 77 sentence, including parole or probation.” and providing a box for the applicant to check to affirm the statement. 78 79 Whether the applicant has been adjudicated mentally (u) f so adjudicated, has incapacitated with respect to voting or, i 80 81 had his or her right to vote restored by including the statement “I affirm I have not been adjudicated mentally incapacitated 82 with respect to voting, or, if I have, my competency has been 83 84 restored.” and providing a box for the applica nt to check to affirm the statement. The registration application must be in 85 plain language and designed so that persons who have been 86 adjudicated mentally incapacitated are not required to reveal 87 88 their prior adjudication. 89 The registration application mus 90 t be in plain language and designed so that convicted felons whose civil rights have been 91 restored and persons who have been adjudicated mentally 92 incapacitated and have had their voting rights restored are not 93 required to reveal their prior conviction or a djudication. 94 Section 22. Paragraph (a) of subsection (5) of section 95 97.053, Florida Statutes, is amended to read: 96 — 97 Acceptance of voter registration applications. 97.053 (5)(a) 98 A voter registration application is complete if it Page 4 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

5 Florida Senate - SENATOR AMENDMENT 2019 CS/SB 7066, 1st Eng. Bill No. 766844 Ì766844FÎ 99 contains the following inform ation necessary to establish the 100 applicant’s eligibility pursuant to s. 97.041, including: 101 The applicant’s name. 1. 102 2. The applicant’s address of legal residence, including a 103 distinguishing apartment, suite, lot, room, or dormitory room number or other ide ntifier, if appropriate. Failure to include a 104 distinguishing apartment, suite, lot, room, or dormitory room or 105 106 other identifier on a voter registration application does not impact a voter’s eligibility to register to vote or cast a 107 sion may not serve as the basis for a 108 ballot, and such an omis 109 challenge to a voter’s eligibility or reason to not count a ballot. 110 3. The applicant’s date of birth. 111 4. A mark in the checkbox affirming that the applicant is a 112 citizen of the United States. 113 5.a. The applicant’s curre nt and valid Florida driver 114 license number or the identification number from a Florida 115 116 identification card issued under s. 322.051, or 117 b. If the applicant has not been issued a current and valid Florida driver license or a Florida identification card, the 118 last four digits of the applicant’s social security number. 119 120 121 In case an applicant has not been issued a current and valid Florida driver license, Florida identification card, or social 122 security number, the applicant shall affirm this fact in the 123 manner pre scribed in the uniform statewide voter registration 124 application. 125 A mark in the applicable checkbox affirming that the 126 6. 127 applicant has not been convicted of a felony or that, if Page 5 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

6 Florida Senate SENATOR AMENDMENT - 2019 CS/SB 7066, 1st Eng. Bill No. Ì766844FÎ 766844 convicted, has had his or her civil rights restored through 128 civil has had his or her 129 rights executive clemency, or voting pursuant s. 4, Art. VI of the State Constitution . 130 restored 131 7. A mark in the checkbox affirming that the applicant has 132 not been adjudicated mentally incapacitated with respect to dicated, has had his or her right to voting or that, if so adju 133 vote restored. 134 The original signature or a digital signature 8. 135 136 transmitted by the Department of Highway Safety and Motor 137 Vehicles of the applicant swearing or affirming under the penalty for false swearing pursuant to 138 s. 104.011 that the 139 information contained in the registration application is true and subscribing to the oath required by s. 3, Art. VI of the 140 State Constitution and s. 97.051. 141 Section 23. Paragraph (c) of subsection (1) of section 142 98.045, Florida Statutes , is amended to read: 143 98.045 Administration of voter registration. — 144 145 (1) ELIGIBILITY OF APPLICANT. — The supervisor must ensure 146 that any eligible applicant for voter registration is registered 147 to vote and that each application for voter registration is proces sed in accordance with law. The supervisor shall determine 148 whether a voter registration applicant is ineligible based on 149 any of the following: 150 (c) 151 The applicant has been convicted of a felony for which rights have not been restored. his or her voting civil 152 153 Section 24. Subsections (5) and (6) and paragraph (a) of 154 subsection (7) of section 98.075, Florida Statutes, are amended 155 to read: 156 Registration records maintenance activities; 98.075 Page 6 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

7 Florida Senate SENATOR AMENDMENT - 2019 CS/SB 7066, 1st Eng. Bill No. Ì766844FÎ 766844 157 — ineligibility determinations. The department shal FELONY CONVICTION. — (5) l identify those 158 registered voters who have been convicted of a felony and whose 159 voting 160 rights have not been restored by comparing information 161 received from, but not limited to, a clerk of the circuit court, 162 the Board of Executive Clemency, the Department of Corrections, the Department of Law Enforcement, or a United States Attorney’s 163 164 Office, as provided in s. 98.093. The department shall review 165 such information and make an initial determination as to whether 166 department the information is credible and reliable. If the 167 determines that the information is credible and reliable, the 168 department shall notify the supervisor and provide a copy of the supporting documentation indicating the potential ineligibility 169 of the voter to be registered. Upon receipt of the no tice that 170 the department has made a determination of initial credibility 171 and reliability, the supervisor shall adhere to the procedures 172 set forth in subsection (7) prior to the removal of a registered 173 voter’s name from the statewide voter registration syst em. 174 OTHER BASES FOR INELIGIBILITY. 175 If the department or — (6) supervisor receives information from sources other than those 176 identified in subsections (2) - (5) that a registered voter is 177 ineligible because he or she is deceased, adjudicated a 178 convicted felon w ithout having had his or her voting civil 179 rights restored, adjudicated mentally incapacitated without 180 181 having had his or her voting rights restored, does not meet the 182 age requirement pursuant to s. 97.041, is not a United States 183 citizen, is a fictitious per son, or has listed a residence that 184 is not his or her legal residence, the supervisor must adhere to the procedures set forth in subsection (7) prior to the removal 185 Page 7 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

8 Florida Senate - SENATOR AMENDMENT 2019 CS/SB 7066, 1st Eng. Bill No. 766844 Ì766844FÎ of a registered voter’s name from the statewide voter 186 registration system. 187 188 — OR REMOVAL. PROCEDURES F (7) If the supervisor receives notice or information 189 (a) pursuant to subsections (4) - (6), the supervisor of the county in 190 which the voter is registered shall: 191 1. Notify the registered voter of his or her potential 192 ineligibility by mail within 7 da ys after receipt of notice or 193 194 information. The notice shall include: a. A statement of the basis for the registered voter’s 195 196 potential ineligibility and a copy of any documentation upon Such documentation which the potential ineligibility is based. 197 must include any conviction from another jurisdiction determined 198 to be a similar offense to murder or a felony sexual offense as 199 , those terms are defined in s. 98.0751 . 200 b. A statement that failure to respond within 30 days after 201 t in a determination of 202 receipt of the notice may resul 203 ineligibility and in removal of the registered voter’s name from the statewide voter registration system. 204 c. A return form that requires the registered voter to 205 admit or deny the accuracy of the information underlying the 206 207 ineligibility for purposes of a final determination by potential 208 the supervisor. A statement that, if the voter is denying the accuracy d. 209 of the information underlying the potential ineligibility, the 210 211 voter has a right to request a hearing for the purpose of ining eligibility. determ 212 213 Instructions for the registered voter to contact the e. 214 supervisor of elections of the county in which the voter is Page 8 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

9 Florida Senate - SENATOR AMENDMENT 2019 CS/SB 7066, 1st Eng. Bill No. 766844 Ì766844FÎ registered if assistance is needed in resolving the matter. 215 216 Instructions for seeking restoration of civil rights f. pursu 217 ant to s. 8, Art. IV of the State Constitution and information explaining voting rights restoration pursuant to s. 218 4., Art. VI of the State Constitution following a felony 219 conviction, if applicable. 220 2. If the mailed notice is returned as undeliverable, the 221 supervisor shall publish notice once in a newspaper of general 222 223 circulation in the county in which the voter was last 224 registered. The notice shall contain the following: a. 225 The voter’s name and address. b. A statement that the voter is potentially ineligib le to 226 be registered to vote. 227 228 c. A statement that failure to respond within 30 days after the notice is published may result in a determination of 229 ineligibility by the supervisor and removal of the registered 230 voter’s name from the statewide voter registrati on system. 231 232 An instruction for the voter to contact the supervisor d. no later than 30 days after the date of the published notice to 233 receive information regarding the basis for the potential 234 ineligibility and the procedure to resolve the matter. 235 An inst ruction to the voter that, if further assistance e. 236 is needed, the voter should contact the supervisor of elections 237 of the county in which the voter is registered. 238 239 If a registered voter fails to respond to a notice 3. 240 ph 2., the supervisor pursuant to subparagraph 1. or subparagra shall make a final determination of the voter’s eligibility. If 241 242 the supervisor determines that the voter is ineligible, the supervisor shall remove the name of the registered voter from 243 Page 9 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

10 Florida Senate - SENATOR AMENDMENT 2019 CS/SB 7066, 1st Eng. Bill No. 766844 Ì766844FÎ the statewide voter registration system. The sup ervisor shall 244 245 notify the registered voter of the supervisor’s determination 246 and action. 4. If a registered voter responds to the notice pursuant to 247 subparagraph 1. or subparagraph 2. and admits the accuracy of 248 the information underlying the potential ineli gibility, the 249 supervisor shall make a final determination of ineligibility and 250 251 shall remove the voter’s name from the statewide voter 252 registration system. The supervisor shall notify the registered 253 voter of the supervisor’s determination and action. 254 a registered voter responds to the notice issued If 5. pursuant to subparagraph 1. or subparagraph 2. and denies the 255 accuracy of the information underlying the potential 256 ineligibility but does not request a hearing, the supervisor 257 shall review the evidence and m ake a final determination of 258 eligibility. If such registered voter requests a hearing, the 259 supervisor shall send notice to the registered voter to attend a 260 hearing at a time and place specified in the notice. Upon 261 hearing all evidence presented at the hear ing, the supervisor 262 shall make a determination of eligibility. If the supervisor 263 264 determines that the registered voter is ineligible, the supervisor shall remove the voter’s name from the statewide 265 voter registration system and notify the registered voter o f the 266 supervisor’s determination and action. 267 Section 25. Section 98.0751, Florida Statutes, is created 268 to read: 269 98.0751 Restoration of voting rights; termination of 270 — 271 . ineligibility subsequent to a felony conviction A person who has been disqualified from voting based on (1) 272 Page 10 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

11 Florida Senate - SENATOR AMENDMENT 2019 CS/SB 7066, 1st Eng. Bill No. Ì766844FÎ 766844 a felony conviction for an offense other than murder or a felony 273 sexual offense must have such disqualification terminated and 274 his or her voting rights restored pursuant to s. 4, Art. VI of 275 the St 276 ate Constitution upon the completion of all terms of his or her sentence, including parole or probation. The voting 277 disqualification does not terminate unless a person’s civil 278 rights are restored pursuant to s. 8, Art. IV of the State 279 Constitution if the d isqualification arises from a felony 280 conviction of murder or a felony sexual offense, or if the 281 person has not completed all terms of sentence, as specified in 282 subsection (2). 283 For purposes of this section, the term: 284 (2) ence” means any portion “Completion of all terms of sent (a) 285 of a sentence that is contained in the four corners of the 286 sentencing document, including, but not limited to: 287 Release from any term of imprisonment ordered by the 288 1. court as a part of the sentence; 289 2. Termination from any term of probation or community 290 control ordered by the court as a part of the sentence; 291 Fulfillment of any term ordered by the court as a part 3. 292 of the sentence; 293 4. Termination from any term of any supervision, which is 294 monitored by the Florida Commission on Offen der Review, 295 including, but not limited to, parole; and 296 5.a. Full payment of restitution ordered to a victim by the 297 court as a part of the sentence. A victim includes, but is not 298 limited to, a person or persons, the estate or estates thereof, 299 state, or the Federal Government. 300 an entity, the b. 301 Full payment of fines or fees ordered by the court as a Page 11 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

12 Florida Senate - SENATOR AMENDMENT 2019 CS/SB 7066, 1st Eng. Bill No. 766844 Ì766844FÎ part of the sentence or that are ordered by the court as a 302 condition of any form of supervision, including, but not limited 303 304 arole. to, probation, community control, or p 305 The financial obligations required under sub - c. subparagraph a. or sub - subparagraph b. include only the amount 306 specifically ordered by the court as part of the sentence and do 307 not include any fines, fees, or costs that accrue after the date 308 gation is ordered as a part of the sentence. the obli 309 310 d. For the limited purpose of addressing a plea for relief pursuant to sub subparagraph e. and notwithstanding any other 311 - 312 statute, rule, or provision of law, a court may not be cial obligations of an prohibited from modifying the finan 313 original sentence required under sub subparagraph a. or sub - 314 - subparagraph b. Such modification shall not infringe on a 315 defendant's or a victim's rights provided in United States 316 Constitution or the State Constitution. 317 e. Financial obl igations required under sub - subparagraph a. 318 subparagraph b. are considered completed in the following 319 or sub - manner or in any combination thereof: 320 Actual payment of the obligation in full. 321 (I) (II) Upon the payee’s approval, either through appearance 322 323 pen court or through the production of a notarized consent in o by the payee, the termination by the court of any financial 324 325 obligation to a payee, including, but not limited to, a victim, or the court. 326 Completion of all community service hours, if the 327 (III) rt, unless otherwise prohibited by law or the State 328 cou 329 Constitution, converts the financial obligation to community service. 330 Page 12 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

13 - Florida Senate SENATOR AMENDMENT 2019 Bill No. CS/SB 7066, 1st Eng. 766844 Ì766844FÎ 331 332 A term required to be completed in accordance with this paragraph shall be deemed completed if the court modifies the 333 original senten cing order to no longer require completion of 334 such term. The requirement to pay any financial obligation 335 336 specified in this paragraph is not deemed completed upon conversion to a civil lien. 337 (b) “Felony sexual offense” means any of the following: 338 1. Any fel ony offense that serves as a predicate to 339 340 registration as a sexual offender in accordance with s. 943.0435; 341 2. Section 491.0112; 342 3. Section 784.049(3)(b); 343 Section 794.08; 344 4. 345 Section 796.08; 5. 6. 346 Section 800.101; Section 826.04; 347 7. Section 847.012; 348 8. 9. Section 872.06(2); 349 Section 944.35(3)(b)2.; 350 10. 11. Section 951.221(1); or 351 Any similar offense 352 committed in another jurisdiction 12. which would be an offense listed in this paragraph if had 353 it been committed in violation of the laws of this state . 354 355 (c) “ Murder” means either of the following: 1. A violation of any of the following sections which 356 results in the actual kill ing of a human being : 357 Section 775.33(4). 358 a. b. 359 Section 782.04(1), (2), or (3). Page 13 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

14 Florida Senate - SENATOR AMENDMENT 2019 CS/SB 7066, 1st Eng. Bill No. 766844 Ì766844FÎ c. Section 782.09. 360 361 another jurisdiction committed in Any similar offense 2. which would be an offense listed in this paragraph if it had 362 this state been committed in violation of the laws of 363 . 364 (3)(a) The department shall obtain and review information 365 pursuant to s. 98.075(5) related to a person who registers to 366 vote and make an initial determination on whether such information is credible and reliable regarding whether the 367 368 person is eligible pursuant to s. 4., Art. VI of the State 369 Constitution and this section. Upon making an initial lity and reliability of such determination of the credibi 370 information, the department shall forward such information to 371 the supervisor of elections pursuant to s. 98.075. 372 A local supervisor of elections shall verify and make a 373 (b) 374 ether the final determination pursuant to s. 98.075 regarding wh person who registers to vote is eligible pursuant to s. 4., Art. 375 VI of the State Constitution and this section. 376 (c) The supervisor of elections may request additional 377 assistance from the department in making the final 378 379 determination, if necessary. (4) For the purpose of determining a voter registra n t ’s 380 e ligibility, the provisions of this section shall be strictly 381 construed. If a provision is susceptible to differing 382 383 interpretations, it shall be construed in favor of the registrant. 384 Section 26. Sect ion 104.011, Florida Statutes, is amended 385 to read: 386 387 False swearing; submission of false voter 104.011 388 — . ; prosecution prohibited registration information Page 14 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

15 Florida Senate - SENATOR AMENDMENT 2019 CS/SB 7066, 1st Eng. Bill No. 766844 Ì766844FÎ (1) A person who willfully swears or affirms falsely to any 389 390 nother person to oath or affirmation, or willfully procures a swear or affirm falsely to an oath or affirmation, in connection 391 with or arising out of voting or elections commits a felony of 392 the third degree, punishable as provided in s. 775.082, s. 393 394 775.083, or s. 775.084. A person who willfully s ubmits any false voter 395 (2) registration information commits a felony of the third degree, 396 punishable as provided in s. 775.082 or s. 775.083. 397 (3) 398 A person may not be charged or convicted for a 399 violation of this section for affirming that he or she has not been 400 convicted of a felony or that, if convicted, he or she has had voting rights restored, if such violation is alleged to have 401 occurred on or after January 8, 2019, but before July 1, 2019. 402 Section 27. Section 940.061, Florida Statutes, is amended 403 to read: 404 9 40.061 Informing persons about executive clemency , and 405 406 restoration of civil rights , and restoration of voting rights . — 407 The Department of Corrections shall inform and educate inmates and offenders on community supervision about the restoration of 408 civil right s and the restoration of voting rights resulting from 409 the removal of the disqualification to vote pursuant to s. 4, 410 Art. VI of the State Constitution . Each month , the Department of 411 Corrections shall send to the Florida Commission on Offender 412 Review by elec tronic means a list of the names of inmates who 413 have been released from incarceration and offenders who have 414 415 been terminated from supervision who may be eligible for restoration of civil rights. 416 Section 28. 417 Subsection (1) of section 944.292, Florida Page 15 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

16 Florida Senate - SENATOR AMENDMENT 2019 CS/SB 7066, 1st Eng. Bill No. Ì766844FÎ 766844 es, is amended to read: 418 Statut Suspension of civil rights. — 419 944.292 420 Upon conviction of a felony as defined in s. 10, Art. X (1) of the State Constitution, the civil rights of the person 421 convicted shall be suspended in Florida until such rights are 422 restored by a f ull pardon, conditional pardon, or restoration of 423 civil rights granted pursuant to s. 8, Art. IV of the State 424 425 Constitution . Notwithstanding the suspension of civil rights, such a convicted person may obtain restoration of his or her 426 voting rights pursuant to s. 4, Art. VI of the State 427 Constitution and s. 98.0751 . 428 Section 29. Subsection (6) of section 944.705, Florida 429 430 Statutes, is amended to read: — Release orientation program. 944.705 431 (6) The department shall notify every inmate , in no less 432 (a) than 18 - point type in the inmate’s release documents : , 433 1. Of all outstanding terms of the inmate’s sentence at the 434 time of release to assist the inmate in determining his or her 435 status with regard to the completion of all terms of sentence, 436 98.0751 as that term is defined in s. . This subparagraph does 437 not apply to inmates who are being released from the custody of 438 the department to any type of supervision monitored by the 439 department; and 440 2. In not less than 18 - point type, that the inmate may be 441 sentenced pursuant to s. 442 775.082(9) if the inmate commits any felony offense described in s. 775.082(9) within 3 years after 443 the inmate’s release. This notice must be prefaced by the word 444 “WARNING” in boldfaced type. 445 446 Nothing in the precludes does not preclude This section (b) Page 16 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

17 - Florida Senate SENATOR AMENDMENT 2019 CS/SB 7066, 1st Eng. Bill No. Ì766844FÎ 766844 encing of a person pursuant to s. 775.082(9), and sent 447 nor shall evidence that the department failed to provide this notice does 448 not prohibit a person from being sentenced pursuant to s. 449 not 775.082(9). The state is shall be required to demonstrate 450 that a perso n received any notice from the department in order 451 for the court to impose a sentence pursuant to s. 775.082(9). 452 Present subsection (3) of section 947.24, Section 30. 453 Florida Statutes, is renumbered as subsection (4), and a new 454 subsection (3) is added to t hat section, to read: 455 947.24 Discharge from parole supervision or release 456 supervision. — 457 (3) Upon the termination of an offender’s term of 458 supervision, which is monitored by the commission, including, 459 must commission , the but not limited to, parole 460 he notify t offender in writing of all outstanding terms 461 at the time of to assist the offender in determining his or her 462 termination all terms of with regard to the completion of sentence, status 463 as defined in s. 98.0751 . 464 that term is Section 31. Section 948.041, F lorida Statutes, is created 465 to read: 466 Notification of outstanding terms of sentence upon 948.041 467 termination of probation or community control. Upon the 468 — termination of an offender’s term of probation or community 469 control, the department must notify the offe nder in writing of 470 all outstanding terms at the time of termination to assist the 471 472 offender in determining his or her status with regard to the completion of all terms of sentence, as that term is defined in 473 474 s. 98.0751. Section 32. 475 951.29, Florida Subsection (1) of section Page 17 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

18 Florida Senate SENATOR AMENDMENT - 2019 Bill No. CS/SB 7066, 1st Eng. 766844 Ì766844FÎ Statutes, is amended to read: 476 951.29 Procedure for requesting restoration of civil rights 477 or restoration of voting rights of county prisoners convicted of 478 felonies. 479 — (1) With respect to a person who has been convicted of a 480 felony and is se rving a sentence in a county detention facility, 481 the administrator of the county detention facility shall provide 482 the following to the prisoner, at least 2 weeks before 483 discharge, if possible : , 484 (a) An application form obtained from the Florida 485 Commission o n Offender Review which the prisoner must complete 486 in order to begin the process of having his or her civil rights 487 . ; 488 restored 489 Information explaining voting rights restoration (b) pursuant to s. 4, Art. VI of the State Constitution; and 490 Written notifica tion of terms of the all outstanding (c) 491 prisoner’s sentence at the time of release to assist the 492 prisoner in determining his or her status with regard to the 493 sen tence, as that term is defined in all terms of 494 completion of s. 98.0751. 495 Section 33. Restoration o f Voting Rights Work Group. — T he 496 Restoration of Voting Rights Work Group is created within the 497 Department of State for the purpose of conducting a 498 comprehensive review of the department’s process of verifying 499 registered voters who have been convicted of a f elony, but who 500 may be eligible for restoration of voting rights under s. 4, 501 Art. VI of the State Constitution. 502 work group is comprised of the — 503 The (1) MEMBERSHIP. following members 504 : Page 18 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

19 Florida Senate SENATOR AMENDMENT - 2019 CS/SB 7066, 1st Eng. Bill No. Ì766844FÎ 766844 (a) The Secretary of State or his or her designee, who 505 shall serve as chair for the work group. 506 (b) The Secretary of Corrections or his or her designee. 507 (c) 508 The executive director of the Department of Law 509 Enforcement or his or her designee. The Chairman of the Florida Commission on Offender 510 (d) Review or his or her designee. 511 (e) Two clerks of the circuit court appointed by the 512 Governor. 513 (f) Two supervisors of elections appointed by the Governor. 514 — TERMS OF MEMBERSHIP. (2) 515 work group Appointments to the shall be made All members shall serve for the 516 by August 1, 2019. work group . Any vacanc y shall be filled by the 517 duration of the 518 work original appointing authority for the remainder of the group’s existence 519 . (3) — The work group is authorized and directed to 520 DUTIES. study, evaluate, analyze, and undertake a comprehensive review 521 of the 522 artment of State’s process of verifying registered Dep 523 voters who have been convicted of a felony, but who may be eligible for restoration of voting rights under s. 4, Art. VI of 524 the State Constitution, to develop recommendations for the 525 o : Legislature, related t 526 The consolidation of all relevant data necessary to 527 (a) verify the eligibility of a registered voter for restoration of 528 voting rights under s. 4, Art. VI of the State Constitution. If 529 530 any entity is recommended to manage the consolidated relevant he recommendations must provide the feasibility of such data, t 531 532 entity to manage the consolidated relevant data and a timeline for implementation of such consolidation. 533 Page 19 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

20 Florida Senate - SENATOR AMENDMENT 2019 CS/SB 7066, 1st Eng. Bill No. Ì766844FÎ 766844 (b) The process of informing a registered voter of the 534 entity or entities that are custodians o f the relevant data 535 536 for restoration necessary for verifying his or her eligibility of voting rights under s. 4, Art. VI of the State Constitution. 537 (c) Any other relevant policies or procedures for verifying 538 the eligibility of a registered voter for restoration of voting 539 rights under s. 4, Art. VI of the State Constitution. 540 (4 ) REPORT. — The work group shall submit a report of its 541 findings, conclusions, and recommendations for the L egislat ure 542 f 543 he House o to the President of the Senate and the Speaker of t . Upon submission of the 544 Representatives by November 1, 2019 545 is dissolved and discharged of further work group report, the duties. 546 ) STAFFING. — The Department of State shall provide support 547 (5 work group in performing its duties . 548 for the Work group (6 PER DIEM AND TRAVEL EXPENSES . — ) members shall 549 serve without compensation but are entitled to receive 550 551 reimbursement for per diem and travel expenses as provided in s. 552 . 112.061, Florida Statutes 20. ) EXPIRATION. — This section expires January 31, 20 (7 553 554 ============ T I T L E A M E N D M E N T ================ ===== 555 556 And the title is amended as follows: 18 Delete line 557 and insert: 558 559 limitations; amending ss. 97.052 and 97.053, F.S.; 560 revising requirements for the uniform statewide voter 561 lication to modify statements an registration app applicant must affirm; 562 revising terminology regarding Page 20 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

21 - Florida Senate 2019 SENATOR AMENDMENT Bill No. CS/SB 7066, 1st Eng. 766844 Ì766844FÎ voting rights restoration to conform to the State 563 Constitution; amending s. 98.045, F.S.; revising 564 terminology regarding voting rights restoration to 565 conform to the Stat e Constitution; amending s. 98.075, 566 567 F.S.; revising terminology regarding voting rights restoration to conform to the State Constitution; 568 569 requiring the supervisor of elections of the county in which an ineligible voter is registered to notify the 570 nstructions for seeking restoration of 571 voter of i voting rights pursuant to s. 4, Art. VI of the State 572 Constitution, in addition to restoration of civil 573 rights pursuant to s. 8, Art. IV of the State 574 Constitution; requiring a notice of a registered 575 voter’s potential i neligibility to include specified 576 information; creating s. 98.0751, F.S.; requiring the 577 voting disqualification of certain felons to be 578 removed and voting rights restored pursuant to s. 4, 579 Art. VI of the State Constitution; providing that the 580 voting disqua 581 lification arising from specified factors is not removed unless a person’s civil rights are 582 restored through the clemency process pursuant to s. 583 8, Art. IV of the State Constitution; providing 584 definitions; requiring the Department of State to 585 review inform ation and make an initial determination 586 587 regarding certain credible and reliable information; 588 requiring the department to forward specified 589 information to supervisors of elections; requiring the 590 supervisor of elections to make a final determination 591 er a person who has been convicted of a felony of wheth Page 21 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

22 Florida Senate - SENATOR AMENDMENT 2019 CS/SB 7066, 1st Eng. Bill No. Ì766844FÎ 766844 592 offense is eligible to register to vote, including if 593 he or she has completed all the terms of his or her 594 sentence; authorizing the department to assist the 595 supervisor of elections with such final determinatio n, if necessary; requiring specified provisions to be 596 t n construed in favor of a voter registra 597 ; amending s. 104.011, F.S.; prohibiting a person from being charged 598 or convicted for violations regarding false swearing 599 600 or submitting false voter registration i nformation under certain conditions 601 amending s. 940.061, F.S.; ; 602 requiring the Department of Corrections to inform 603 inmates and offenders of voting rights restoration pursuant to , 604 VI of the State Constitution s. 4, Art. civil rights 605 in addition to executive clemency and 606 restoration; amending s. 944.292, F.S.; conforming a 607 provision regarding the suspension of civil rights; amending s. 944 608 .705, F.S.; requiring the Department of Corrections to include notification of all outstanding 609 terms of sentence in an inma te’s release documents; 610 providing an exception to the notification requirement 611 612 for inmates who are released to any type of supervision monitored by the department; amending s. 613 947.24, F.S.; requiring the Florida Commission on 614 Offender Review, u pon the termination of an offender’s 615 term of parole, control release, or conditional 616 release, to provide written notification to the 617 offender of all terms of sentence; 618 outstanding 619 creating s. 948.041, F.S.; requiring the department, an offender’s pon the termination of u 620 term of Page 22 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

23 - Florida Senate 2019 SENATOR AMENDMENT CS/SB 7066, 1st Eng. Bill No. Ì766844FÎ 766844 probation or community control, to provide written 621 of all 622 terms outstanding notification to the offender of sentence; amending s. 951.29, F.S.; requiring each 623 county detention facility to provide information on 624 the restoration of vot 625 ing rights pursuant to s. 4, 626 Art. VI of the State Constitution to certain prisoners; requiring each county detention facility to 627 provide written notification to certain prisoners of 628 all outstanding terms of sentence upon release; 629 f Voting Rights Work Group 630 creating the Restoration o 631 within the Department of State; specifying membership of the work group; establishing the manner of 632 appointments and the terms of membership; prescribing 633 the duties of the work group; requiring the work group 634 635 o the Legislature by a specified to submit a report t 636 date; providing for staffing; authorizing reimbursement for per diem and travel expenses; 637 638 providing for expiration of the work group; amending 639 s. 101.6923, F.S.; revising Page 23 of 23 CJ.24.05404 5/2/2019 10:57:47 AM

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