Senate Bill 798 (2021) — Voting rights restoration
SB 798
Florida Bills
Florida Senate - 2021 SB 798 By Senator Taddeo 40-00547A-21 2021798__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to voting rights restoration; amending 2 s. 98.0751, F.S.; revising conditions under which the 3 voting disqualification for a person’s conviction of a 4 felony, other than murder or a felony sexual offense, 5 terminates; requiring certain entities to provide 6 certain notification to the Department of State 7 following a convicted felon’s release or discharge 8 from state prison, county jail, parole supervision, 9 release supervision, probation, or community control; 10 requiring the department to send such felons a notice 11 regarding the amount of outstanding fines or fines 12 owed in order to be eligible to register to vote; 13 requiring additional information to be included in 14 such notices; providing that the full amount of fines 15 or fees owed is waived if the department does not 16 provide timely notice; providing that such felons are 17 eligible for voting rights restoration, provided all 18 other requirements are met; amending s. 106.23, F.S.; 19 authorizing a person to request an advisory opinion 20 from the Division of Elections to determine his or her 21 eligibility to vote following a felony conviction; 22 requiring the advisory opinion to include certain 23 information; providing that the full amount of fines 24 or fees owed is waived if the division does not timely 25 respond to a request; providing that such persons are 26 eligible for voting rights restoration, provided all 27 other requirements are met; requiring the division to 28 develop a form for advisory opinion requests by rule; 29
Florida Senate - 2021 SB 798 40-00547A-21 2021798__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33
Section 1. Subsections (1) and (3) of
section 98.0751, 34 Florida Statutes, are amended to read: 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.
Additionally, 43 the disqualification terminates if the person’s outstanding 44 fines or fees described in sub-subparagraph (2)(a)5.b. are 45 waived due to the department’s failure to provide a timely 46 notification or advisory opinion under either paragraph (3)(a) 47 or s. 106.23(2)(b), as applicable, so long as the person has 48 otherwise completed all other terms of sentence. The voting 49 disqualification does not terminate unless a person’s civil 50 rights are restored pursuant to s. 8, Art.
IV of the State 51 Constitution if the disqualification arises from a felony 52 conviction of murder or a felony sexual offense, or if the 53 person has not completed all terms of sentence, as specified in 54 subsection (2). 55 (3)(a)1. The appropriate issuing authority shall notify the 56 department when a person who has been disqualified from voting 57 based on a felony conviction is notified as required under s. 58
Florida Senate - 2021 SB 798 40-00547A-21 2021798__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. 944.705(7)(a), s. 947.24(3), s. 948.041, or s. 951.29, as 59 applicable. If none of those sections apply, the sentencing 60 court must notify the department of any outstanding terms of the 61 person’s sentence. 62 2.
Following receipt of the notification required under 63 subparagraph 1., the department shall provide an additional 64 written notice to the person which identifies the full amount of 65 outstanding fines or fees described under sub-subparagraph 66 (2)(a)5.b. which the person owes as a part of his or her 67 sentence. The notice also must inform the person as to how to 68 pay the fines or fees, how to establish a payment plan, and how 69 to convert the financial obligation to community service.
If the 70 department does not provide the notice required under this 71 subparagraph within 30 business days after its receipt of the 72 notification, the full amount of any outstanding fines or fees 73 described under sub-subparagraph (2)(a)5.b. is deemed to be 74 waived and the person is eligible to have his or her voting 75 rights restored so long as he or she has completed all other 76 terms of sentence and he or she meets any other requirements 77 established under s. 4, Art. VI of the State Constitution and 78 this code.
A person who was convicted of murder or a felony 79 sexual offense is not eligible for the waiver of fines or fees 80 provided under this subparagraph. 81 (
b) The department shall obtain and review information 82 pursuant to s. 98.075(5) related to a person who registers to 83 vote and make an initial determination on whether such 84 information is credible and reliable regarding whether the 85 person is eligible pursuant to s. 4, Art. VI of the State 86 Constitution and this section. Upon making an initial 87
Florida Senate - 2021 SB 798 40-00547A-21 2021798__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. determination of the credibility and reliability of such 88 information, the department shall forward such information to 89 the supervisor of elections pursuant to s. 98.075. 90 (c)(
b) A local supervisor of elections shall verify and 91 make a final determination pursuant to s. 98.075 regarding 92 whether the person who registers to vote is eligible pursuant to 93 s. 4, Art. VI of the State Constitution and this section. 94 (d)(
c) The supervisor of elections may request additional 95 assistance from the department in making the final 96 determination, if necessary. 97
Section 2. Subsection (2) of
section 106.23, Florida 98 Statutes, is amended to read: 99 106.23 Powers of the Division of Elections.— 100 (2)(
a) The division of Elections shall provide advisory 101 opinions when requested by any supervisor of elections, 102 candidate, local officer having election-related duties, 103 political party, affiliated party committee, political 104 committee, or other person or organization engaged in political 105 activity, relating to any provisions or possible violations of 106 Florida election laws with respect to actions such supervisor, 107 candidate, local officer having election-related duties, 108 political party, affiliated party committee, committee, person, 109 or organization has taken or proposes to take.
Requests for 110 advisory opinions must be submitted in accordance with 111 department rule rules adopted by the Department of State. A 112 written record of all such opinions issued by the division, 113 sequentially numbered, dated, and indexed by subject matter, 114 shall be retained. A copy shall be sent to said person or 115 organization upon request. Any such person or organization, 116
Florida Senate - 2021 SB 798 40-00547A-21 2021798__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. acting in good faith upon such an advisory opinion, is shall not 117 be subject to any criminal penalty provided for in this chapter. 118 The opinion, until amended or revoked, is shall be binding on 119 any person or organization who sought the opinion or with 120 reference to whom the opinion was sought, unless material facts 121 were omitted or misstated in the request for the advisory 122 opinion. 123 (b)1.
A person who has previously been convicted of a 124 felony, other than murder or a felony sexual offense, and who is 125 not subject to the procedure in s. 98.0751(3)(
a) may request an 126 advisory opinion pursuant to paragraph (
a) to determine whether 127 he or she is eligible for voting rights restoration under the 128 requirements of s. 4, Art. VI of the State Constitution and s. 129 98.0751. The advisory opinion must identify the full amount of 130 outstanding fines or fees described under s. 98.0751(2)(a)5.b. 131 which the person owes as a part of his or her sentence. 132 Additionally, the advisory opinion must contain information on 133 how to pay the fines or fees, how to establish a payment plan, 134 and how to convert the financial obligation to community 135 service.
If the division does not respond to the request within 136 30 business days, the full amount of any outstanding fines or 137 fees described under s. 98.0751(2)(a)5.b. is deemed to be waived 138 and the person is eligible to have his or her voting rights 139 restored so long as he or she has completed all other terms of 140 sentence and meets any other requirements established under s. 141 4, Art. VI of the State Constitution and this code. 142 2. The division shall prescribe by rule a form for use by 143 persons requesting an advisory opinion on voting rights 144 restoration pursuant to subparagraph 1. 145
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