HB 501 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to restoration of voting rights 2
information on sentencing scoresheets; amending s. 3
921.0024, F.S.; specifying information to be provided 4
on sentencing scoresheets concerning restoration of 5
voting rights; requiring that a scoresheet be provided 6
to a defendant before a sentence is imposed; providing 7
an effective date. 8
9
Be It Enacted by the Legislature of the State of Florida: 10
11
Section 1. Paragraphs (c) and (d) are added to subsection 12
(1) of section 921.0024, Florida Statutes, to read: 13
921.0024 Criminal Punishment Code; worksheet computations; 14
scoresheets.— 15
(1) 16
(c) NOTICE CONCERNING VOTING RIGHTS 17
Article VI, s. 4(a) and (b) of the Fl orida 18
Constitution provide the following concerning voting 19
rights: 20
SECTION 4. Disqualifications. — 21
(a) No person convicted of a felony, or adjudicated 22
in this or any other state to be mentally incompetent, 23
shall be qualified to vote or hold office until restoration 24
of civil rights or removal of disability. Except as 25
HB 501 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
provided in subsection (b) of this section, any 26
disqualification from voting arising from a felony 27
conviction shall terminate and voting rights shall be 28
restored upon completion of all terms of sentence including 29
parole or probation. 30
(b) No person convicted of murder or a felony sexual 31
offense shall be qualified to vote until restoration of 32
civil rights. 33
34
Section 98.0751 of the Florida Statutes provides the 35
following concerning restoration of voting rights: 36
98.0751 Restoration of voting rights; termination of 37
ineligibility subsequent to a felony conviction. — 38
(1) A person who has been disqualified from voting 39
based on a felony conviction for an offense other than 40
murder or a felony sexual offense must have such 41
disqualification terminated and his or her voting rights 42
restored pursuant to s. 4, Art. VI of the S tate 43
Constitution upon the completion of all terms of his or her 44
sentence, including parole or probation. The voting 45
disqualification does not terminate unless a person's civil 46
rights are restored pursuant to s. 8, Art. IV of the State 47
Constitution if the disqualification arises from a felony 48
conviction of murder or a felony sexual offense, or if the 49
HB 501 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
person has not completed all terms of sentence, as 50
specified in subsection (2). 51
(2) For purposes of this section, the term: 52
(a) "Completion of all terms of sentence" means any 53
portion of a sentence that is contained in the four corners 54
of the sentencing document, including, but not limited to: 55
1. Release from any term of imprisonment ordered by 56
the court as a part of the sentence; 57
2. Termination from any term of probation or 58
community control ordered by the court as a part of the 59
sentence; 60
3. Fulfillment of any term ordered by the court as a 61
part of the sentence; 62
4. Termination from any term of any supervision, 63
which is monitored by the Florida Commis sion on Offender 64
Review, including, but not limited to, parole; and 65
5.a. Full payment of restitution ordered to a victim 66
by the court as a part of the sentence. A victim includes, 67
but is not limited to, a person or persons, the estate or 68
estates thereof, an entity, the state, or the Federal 69
Government. 70
b. Full payment of fines or fees ordered by the court 71
as a part of the sentence or that are ordered by the court 72
as a condition of any form of supervision, including, but 73
not limited to, probation, commun ity control, or parole. 74
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
c. The financial obligations required under sub -75
subparagraph a. or sub -subparagraph b. include only the 76
amount specifically ordered by the court as part of the 77
sentence and do not include any fines, fees, or costs that 78
accrue after the date the obligation is ordered as a part 79
of the sentence. 80
d. For the limited purpose of addressing a plea for 81
relief pursuant to sub -subparagraph e. and notwithstanding 82
any other statute, rule, or provision of law, a court may 83
not be prohibited fro m modifying the financial obligations 84
of an original sentence required under sub -subparagraph a. 85
or sub-subparagraph b. Such modification shall not infringe 86
on a defendant's or a victim's rights provided in the 87
United States Constitution or the State Const itution. 88
e. Financial obligations required under sub -89
subparagraph a. or sub -subparagraph b. are considered 90
completed in the following manner or in any combination 91
thereof: 92
(I) Actual payment of the obligation in full. 93
(II) Upon the payee's approval, either through 94
appearance in open court or through the production of a 95
notarized consent by the payee, the termination by the 96
court of any financial obligation to a payee, including, 97
but not limited to, a victim, or the court. 98
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(III) Completion of all com munity service hours, if 99
the court, unless otherwise prohibited by law or the State 100
Constitution, converts the financial obligation to 101
community service. 102
103
A term required to be completed in accordance with this 104
paragraph shall be deemed completed if the co urt modifies 105
the original sentencing order to no longer require 106
completion of such term. The requirement to pay any 107
financial obligation specified in this paragraph is not 108
deemed completed upon conversion to a civil lien. 109
(b) "Felony sexual offense" mean s any of the 110
following: 111
1. Any felony offense that serves as a predicate to 112
registration as a sexual offender in accordance with s. 113
943.0435; 114
2. Section 491.0112 [sexual misconduct by a 115
psychotherapist]; 116
3. Section 784.049(3)(b) [sexual cyberharassment by 117
someone with one prior conviction]; 118
4. Section 794.08 [female genital mutilation] ; 119
5. Section 796.08 [criminal transmission of HIV]; 120
6. Section 800.101 [offenses against students by 121
authority figures]; 122
7. Section 826.04 [incest]; 123
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
8. Section 847.012 [sale or distribution of material 124
harmful to minors or using minors in production]; 125
9. Section 872.06(2) [abuse of a dead body]; 126
10. Section 944.35(3)(b)2. [sexual abuse of a 127
prisoner]; 128
11. Section 951.221(1) [sexual misconduct between 129
detention facility employees and inmates]; or 130
12. Any similar offense committed in another 131
jurisdiction which would be an offense listed in this 132
paragraph if it had been committed in violation of the la ws 133
of this state. 134
(c) "Murder" means either of the following: 135
1. A violation of any of the following sections which 136
results in the actual killing of a human being: 137
a. Section 775.33(4) [terrorism resulting in death]. 138
b. Section 782.04(1), (2), or (3) [murder]. 139
c. Section 782.09 [killing of unborn child by injury 140
to mother]. 141
2. Any similar offense committed in another 142
jurisdiction which would be an offense listed in this 143
paragraph if it had been committed in violation of the laws 144
of this state. 145
(3)(a) The department [of State] shall o btain and 146
review information pursuant to s. 98.075(5) related to a 147
person who registers to vote and make an initial 148
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
determination on whether such information is credible and 149
reliable regarding whether the person is eligible pursuant 150
to s. 4, Art. VI of the State Constitution and this 151
section. Upon making an initial determination of the 152
credibility and reliability of such information, the 153
department [of State] shall forward such information to the 154
supervisor of elections pursuant to s. 98.075. 155
(b) A local supervisor of elections shall verify and 156
make a final determination pursuant to s. 98.075 regarding 157
whether the person who registers to vote is elig ible 158
pursuant to s. 4, Art. VI of the State Constitution and 159
this section. 160
(c) The supervisor of elections may request 161
additional assistance from the department [of State] in 162
making the final determination, if necessary. 163
(4) For the purpose of determin ing a voter 164
registrant's eligibility, the provisions of this section 165
shall be strictly construed. If a provision is susceptible 166
to differing interpretations, it shall be construed in 167
favor of the registrant. 168
169
(d) In order for a defendant to receive notic e of the 170
impact of his or her sentence on voter eligibility, each 171
defendant must receive a copy of the scoresheet containing the 172
notice in paragraph (c) before sentence is imposed. 173
HB 501 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 2. This act shall take effect July 1, 2023. 174