HB 467 full text · Session Watch

1 A bill to be entitled

2 An act relating to notice of restoration of voting

3 rights information on sentencing scoresheets; amending

4 s. 921.0024, F.S.; specifying information to be

5 provided on sentencing scoresheets concerning

6 restoration of voting rights; requiring that a

7 scoresheet be provided to a defendant before a

8 sentence is imposed; providing an effective date.

10 Be It Enacted by the Legislature of the State of Florida:

12 Section 1. Paragraphs (c) and (d) are added to subsection

13 (1) of section 921.0024, Florida Statutes, to read:

14 921.0024 Criminal Punishment Code; worksheet computations;

15 scoresheets.—

16 (1)

17 (c) NOTICE CONCERNING VOTING RIGHTS

18 Article VI, s. 4(a) and (b) of the Florida

19 Constitution provide the following concerning voting

20 rights:

21 SECTION 4. Disqualifications.—

22 (a) No person convicted of a felony, or adjudicated

23 in this or any other state to be mentally incompetent,

24 shall be qualified to vote or hold office until restoration

25 of civil rights or removal of disability. Except as

26 provided in subsection (b) of this section, any

27 disqualification from voting arising from a felony

28 conviction shall terminate and voting rights shall be

29 restored upon completion of all terms of sentence including

30 parole or probation.

31 (b) No person convicted of murder or a felony sexual

32 offense shall be qualified to vote until restoration of

33 civil rights.

35 Section 98.0751 of the Florida Statutes provides the

36 following concerning restoration of voting rights:

37 98.0751 Restoration of voting rights; termination of

38 ineligibility subsequent to a felony conviction.—

39 (1) A person who has been disqualified from voting

40 based on a felony conviction for an offense other than

41 murder or a felony sexual offense must have such

42 disqualification terminated and his or her voting rights

43 restored pursuant to s. 4, Art. VI of the State

44 Constitution upon the completion of all terms of his or her

45 sentence, including parole or probation. The voting

46 disqualification does not terminate unless a person's civil

47 rights are restored pursuant to s. 8, Art. IV of the State

48 Constitution if the disqualification arises from a felony

49 conviction of murder or a felony sexual offense, or if the

50 person has not completed all terms of sentence, as

51 specified in subsection (2).

52 (2) For purposes of this section, the term:

53 (a) "Completion of all terms of sentence" means any

54 portion of a sentence that is contained in the four corners

55 of the sentencing document, including, but not limited to:

56 1. Release from any term of imprisonment ordered by

57 the court as a part of the sentence;

58 2. Termination from any term of probation or

59 community control ordered by the court as a part of the

60 sentence;

61 3. Fulfillment of any term ordered by the court as a

62 part of the sentence;

63 4. Termination from any term of any supervision,

64 which is monitored by the Florida Commission on Offender

65 Review, including, but not limited to, parole; and

66 5.a. Full payment of restitution ordered to a victim

67 by the court as a part of the sentence. A victim includes,

68 but is not limited to, a person or persons, the estate or

69 estates thereof, an entity, the state, or the Federal

70 Government.

71 b. Full payment of fines or fees ordered by the court

72 as a part of the sentence or that are ordered by the court

73 as a condition of any form of supervision, including, but

74 not limited to, probation, community control, or parole.

75 c. The financial obligations required under sub-

76 subparagraph a. or sub-subparagraph b. include only the

77 amount specifically ordered by the court as part of the

78 sentence and do not include any fines, fees, or costs that

79 accrue after the date the obligation is ordered as a part

80 of the sentence.

81 d. For the limited purpose of addressing a plea for

82 relief pursuant to sub-subparagraph e. and notwithstanding

83 any other statute, rule, or provision of law, a court may

84 not be prohibited from modifying the financial obligations

85 of an original sentence required under sub-subparagraph a.

86 or sub-subparagraph b. Such modification shall not infringe

87 on a defendant's or a victim's rights provided in the

88 United States Constitution or the State Constitution.

89 e. Financial obligations required under sub-

90 subparagraph a. or sub-subparagraph b. are considered

91 completed in the following manner or in any combination

92 thereof:

93 (I) Actual payment of the obligation in full.

94 (II) Upon the payee's approval, either through

95 appearance in open court or through the production of a

96 notarized consent by the payee, the termination by the

97 court of any financial obligation to a payee, including,

98 but not limited to, a victim, or the court.

99 (III) Completion of all community service hours, if

100 the court, unless otherwise prohibited by law or the State

101 Constitution, converts the financial obligation to

102 community service.

104 A term required to be completed in accordance with this

105 paragraph shall be deemed completed if the court modifies

106 the original sentencing order to no longer require

107 completion of such term. The requirement to pay any

108 financial obligation specified in this paragraph is not

109 deemed completed upon conversion to a civil lien.

110 (b) "Felony sexual offense" means any of the

111 following:

112 1. Any felony offense that serves as a predicate to

113 registration as a sexual offender in accordance with s.

114 943.0435;

115 2. Section 491.0112 [sexual misconduct by a

116 psychotherapist];

117 3. Section 784.049(3)(b) or (4) [sexual

118 cyberharassment by a person with a prior sexual

119 cyberharassment conviction or sexual cyberharassment when

120 committed for the purpose of pecuniary or any other

121 financial gain];

122 4. Section 794.08 [female genital mutilation];

123 5. Section 796.08 [criminal transmission of HIV];

124 6. Section 800.101 [offenses against students by

125 authority figures];

126 7. Section 826.04 [incest];

127 8. Section 847.012 [sale or distribution of material

128 harmful to minors or using minors in production];

129 9. Section 872.06(2) [abuse of a dead body];

130 10. Section 944.35(3)(b)2. [sexual abuse of a

131 prisoner];

132 11. Section 951.221(1) [sexual misconduct between

133 detention facility employees and inmates]; or

134 12. Any similar offense committed in another

135 jurisdiction which would be an offense listed in this

136 paragraph if it had been committed in violation of the laws

137 of this state.

138 (c) "Murder" means either of the following:

139 1. A violation of any of the following sections which

140 results in the actual killing of a human being:

141 a. Section 775.33(4) [terrorism resulting in death].

142 b. Section 782.04(1), (2), or (3) [murder].

143 c. Section 782.09 [killing of unborn child by injury

144 to mother].

145 2. Any similar offense committed in another

146 jurisdiction which would be an offense listed in this

147 paragraph if it had been committed in violation of the laws

148 of this state.

149 (3)(a) The department shall obtain and review

150 information pursuant to s. 98.075(5) related to a person

151 who registers to vote and make an initial determination on

152 whether such information is credible and reliable regarding

153 whether the person is eligible pursuant to s. 4, Art. VI of

154 the State Constitution and this section. Upon making an

155 initial determination of the credibility and reliability of

156 such information, the department [of State] shall forward

157 such information to the supervisor of elections pursuant to

158 s. 98.075.

159 (b) A local supervisor of elections shall verify and

160 make a final determination pursuant to s. 98.075 regarding

161 whether the person who registers to vote is eligible

162 pursuant to s. 4, Art. VI of the State Constitution and

163 this section.

164 (c) The supervisor of elections may request

165 additional assistance from the department [of State] in

166 making the final determination, if necessary.

167 (4) For the purpose of determining a voter

168 registrant's eligibility, the provisions of this section

169 shall be strictly construed. If a provision is susceptible

170 to differing interpretations, it shall be construed in

171 favor of the registrant.

173 (d) In order for a defendant to receive notice of the

174 impact of his or her sentence on voter eligibility, each

175 defendant must receive a copy of the scoresheet containing the

176 notice in paragraph (c) before sentence is imposed.

177 Section 2. This act shall take effect July 1, 2026.