Florida 2023 Regular Session

Florida House Bill H1235 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1235 2023
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to restoration of voting rights; 2
16	16	amending s. 20.32, F.S.; requiring the Florida 3
17	17	Commission on Offender Review to develop and maintain 4
18	18	a database containing certain information for a 5
19	19	certain purpose; requiring certain governmental 6
20	20	entities to provide certain information to the 7
21	21	commission; requiring the Department of Management 8
22	22	Services, acting through the Florida Digital Service, 9
23	23	to provide certain technical assistance to the 10
24	24	commission; authorizing the department to adopt rules ; 11
25	25	requiring the commission to make the database 12
26	26	available to the public on an Internet website by a 13
27	27	certain date; requiring the commission to update the 14
28	28	database monthly and publish certain information on 15
29	29	the website; requiring the commission to provide a 16
30	30	comprehensive plan to the Governor and Legislature by 17
31	31	a certain date; providing requirements for the 18
32	32	comprehensive plan; providing that a person who takes 19
33	33	certain actions in r easonable reliance on the database 20
34	34	may not be charged with certain violations of criminal 21
35	35	law; requiring the commission to adopt rules ; 22
36	36	providing an effective date. 23
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38	38	Be It Enacted by the Legislature of the State of Florida: 25
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47	47	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
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52	52	Section 1. Subsection ( 4) is added to section 20.32, 27
53	53	Florida Statutes, to read: 28
54	54	20.32 Florida Commission on Offender Review. — 29
55	55	(4)(a) For the purpose of assisting a person who has been 30
56	56	disqualified from voting based on a felony conviction other than 31
57	57	murder or a felony sexual offense in determining whether he or 32
58	58	she has met the requirements under s. 98.0751 and had his or her 33
59	59	voting rights restored pursuant to s. 4, Art. VI of the State 34
60	60	Constitution, the Florida Commission on Offender Review shall 35
61	61	develop and maintain a databas e that contains for each such 36
62	62	person all of the following information: 37
63	63	1. His or her name and any other personal identifying 38
64	64	information. 39
65	65	2. The remaining length of any term of supervision, 40
66	66	including, but not limited to, probation, community control, o r 41
67	67	parole, ordered by a court as a part of his or her sentence. 42
68	68	3. The remaining amount of any restitution owed to a 43
69	69	victim as ordered by a court as a part of his or her sentence. 44
70	70	4. The remaining amount due of any fines or fees that were 45
71	71	initially ordered by a court as a part of his or her sentence or 46
72	72	as a condition of any form of supervision, including, but not 47
73	73	limited to, probation, community control, or parole. 48
74	74	5. The completion status of any other term ordered by a 49
75	75	court as a part of his or her se ntence. 50
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84	84	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
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88	88	6. Any other information needed to determine whether he or 51
89	89	she has met the requirements for restoration of voting rights 52
90	90	under s. 98.0751. 53
91	91	(b) The Department of State, the Department of 54
92	92	Corrections, clerks of the circuit courts, county comptrol lers, 55
93	93	and the Board of Executive Clemency shall monthly provide to the 56
94	94	commission any information held by such governmental entity 57
95	95	which is required under paragraph (a). 58
96	96	(c) The Department of Management Services, acting through 59
97	97	the Florida Digital Servic e, shall provide any technical 60
98	98	assistance necessary for the commission to develop and maintain 61
99	99	the database. The Department of Management Services may adopt 62
100	100	rules to provide such assistance. 63
101	101	(d) By July 1, 2026, the commission shall make the 64
102	102	database available to the public on an Internet website. The 65
103	103	commission must update the database monthly with the information 66
104	104	received from each governmental entity under paragraph ( b). The 67
105	105	commission shall publish on the website clear instructions that 68
106	106	a person who has been disqualified from voting based on a felony 69
107	107	conviction other than murder or a felony sexual offense may 70
108	108	follow to have his or her voting rights restored and to register 71
109	109	to vote. 72
110	110	(e) By July 1, 2024, the commission shall provide a 73
111	111	comprehensive plan to the Governor, the President of the Senate, 74
112	112	and the Speaker of the House of Representatives which includes 75
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121	121	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
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125	125	the following: 76
126	126	1. The governmental entities from which and the methods by 77
127	127	which the commission shall collect, centralize, analyze, and 78
128	128	secure the information required to be included in the database. 79
129	129	2. A description of any infrastructure and services, 80
130	130	including, but not limited to, software, hardware, and 81
131	131	information technolo gy services, that may be necessary to create 82
132	132	and maintain the database. 83
133	133	3. The anticipated number of additional employees 84
134	134	necessary for: 85
135	135	a. The commission to develop and maintain the database. 86
136	136	b. A governmental entity to provide the information 87
137	137	required under paragraph (b). 88
138	138	c. The Florida Digital Service to provide the assistance 89
139	139	required under paragraph (c). 90
140	140	4. The anticipated cost to initially develop the database; 91
141	141	annual cost to maintain the database; and annual appropriation 92
142	142	required to fund the anticipated costs of the commission, each 93
143	143	governmental entity, and the Florida Digital Service. 94
144	144	5. Any legal authority necessary for the commission to 95
145	145	develop and maintain the database. 96
146	146	6. Draft legislation to implement the comprehensive plan. 97
147	147	(f) Notwithstanding any law to the contrary, a person who 98
148	148	registers to vote or who votes in reasonable reliance on 99
149	149	information contained in the database indicating that his or her 100
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158	158	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
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162	162	voting rights have been restored pursuant to s. 4, Art. VI of 101
163	163	the State Constitution has an affirmative right to register and 102
164	164	to vote and may not be charged with a violation of any criminal 103
165	165	law of this state related to fraudulently voting or registering 104
166	166	to vote. 105
167	167	(g) The commission shall adopt rules to implement this 106
168	168	subsection. 107
169	169	Section 2. This act shall take effect July 1, 2023. 108