Florida 2023 2023 Regular Session

Florida House Bill H1235 Introduced / Bill

Filed 02/28/2023

                       
 
HB 1235  	2023 
 
 
 
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hb1235-00 
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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 
amending s. 20.32, F.S.; requiring the Florida 3 
Commission on Offender Review to develop and maintain 4 
a database containing certain information for a 5 
certain purpose; requiring certain governmental 6 
entities to provide certain information to the 7 
commission; requiring the Department of Management 8 
Services, acting through the Florida Digital Service, 9 
to provide certain technical assistance to the 10 
commission; authorizing the department to adopt rules ; 11 
requiring the commission to make the database 12 
available to the public on an Internet website by a 13 
certain date; requiring the commission to update the 14 
database monthly and publish certain information on 15 
the website; requiring the commission to provide a 16 
comprehensive plan to the Governor and Legislature by 17 
a certain date; providing requirements for the 18 
comprehensive plan; providing that a person who takes 19 
certain actions in r easonable reliance on the database 20 
may not be charged with certain violations of criminal 21 
law; requiring the commission to adopt rules ; 22 
providing an effective date. 23 
 24 
Be It Enacted by the Legislature of the State of Florida: 25     
 
HB 1235  	2023 
 
 
 
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 26 
 Section 1.  Subsection ( 4) is added to section 20.32, 27 
Florida Statutes, to read: 28 
 20.32  Florida Commission on Offender Review. — 29 
 (4)(a)  For the purpose of assisting a person who has been 30 
disqualified from voting based on a felony conviction other than 31 
murder or a felony sexual offense in determining whether he or 32 
she has met the requirements under s. 98.0751 and had his or her 33 
voting rights restored pursuant to s. 4, Art. VI of the State 34 
Constitution, the Florida Commission on Offender Review shall 35 
develop and maintain a databas e that contains for each such 36 
person all of the following information: 37 
 1.  His or her name and any other personal identifying 38 
information. 39 
 2.  The remaining length of any term of supervision, 40 
including, but not limited to, probation, community control, o r 41 
parole, ordered by a court as a part of his or her sentence. 42 
 3.  The remaining amount of any restitution owed to a 43 
victim as ordered by a court as a part of his or her sentence. 44 
 4.  The remaining amount due of any fines or fees that were 45 
initially ordered by a court as a part of his or her sentence or 46 
as a condition of any form of supervision, including, but not 47 
limited to, probation, community control, or parole. 48 
 5.  The completion status of any other term ordered by a 49 
court as a part of his or her se ntence. 50     
 
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 6.  Any other information needed to determine whether he or 51 
she has met the requirements for restoration of voting rights 52 
under s. 98.0751. 53 
 (b)  The Department of State, the Department of 54 
Corrections, clerks of the circuit courts, county comptrol lers, 55 
and the Board of Executive Clemency shall monthly provide to the 56 
commission any information held by such governmental entity 57 
which is required under paragraph (a). 58 
 (c)  The Department of Management Services, acting through 59 
the Florida Digital Servic e, shall provide any technical 60 
assistance necessary for the commission to develop and maintain 61 
the database. The Department of Management Services may adopt 62 
rules to provide such assistance. 63 
 (d)  By July 1, 2026, the commission shall make the 64 
database available to the public on an Internet website. The 65 
commission must update the database monthly with the information 66 
received from each governmental entity under paragraph ( b). The 67 
commission shall publish on the website clear instructions that 68 
a person who has been disqualified from voting based on a felony 69 
conviction other than murder or a felony sexual offense may 70 
follow to have his or her voting rights restored and to register 71 
to vote. 72 
 (e)  By July 1, 2024, the commission shall provide a 73 
comprehensive plan to the Governor, the President of the Senate, 74 
and the Speaker of the House of Representatives which includes 75     
 
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the following: 76 
 1.  The governmental entities from which and the methods by 77 
which the commission shall collect, centralize, analyze, and 78 
secure the information required to be included in the database. 79 
 2.  A description of any infrastructure and services, 80 
including, but not limited to, software, hardware, and 81 
information technolo gy services, that may be necessary to create 82 
and maintain the database. 83 
 3.  The anticipated number of additional employees 84 
necessary for: 85 
 a.  The commission to develop and maintain the database. 86 
 b.  A governmental entity to provide the information 87 
required under paragraph (b). 88 
 c.  The Florida Digital Service to provide the assistance 89 
required under paragraph (c). 90 
 4.  The anticipated cost to initially develop the database; 91 
annual cost to maintain the database; and annual appropriation 92 
required to fund the anticipated costs of the commission, each 93 
governmental entity, and the Florida Digital Service. 94 
 5.  Any legal authority necessary for the commission to 95 
develop and maintain the database. 96 
 6.  Draft legislation to implement the comprehensive plan. 97 
 (f)  Notwithstanding any law to the contrary, a person who 98 
registers to vote or who votes in reasonable reliance on 99 
information contained in the database indicating that his or her 100     
 
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voting rights have been restored pursuant to s. 4, Art. VI of 101 
the State Constitution has an affirmative right to register and 102 
to vote and may not be charged with a violation of any criminal 103 
law of this state related to fraudulently voting or registering 104 
to vote. 105 
 (g)  The commission shall adopt rules to implement this 106 
subsection. 107 
 Section 2.  This act shall take effect July 1, 2023. 108