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Frequently Asked Questions
Ex-Offenders and Voting Rights
1) What crimes constitute felonies under Florida law?
Any felony ? including murder, sexual assault, aggravated assault, robbery and car theft ? that is punishable under the law of this state, or that would be punishable if committed in this state, by death or by imprisonment in the state penitentiary.
2) How many other states similarly disenfranchise convicted felons?
Felon disenfranchisement laws exist in all but three states, and most apply to those who have been released as well as those still incarcerated. Twentynine states disenfranchise felons on parole, and 32 states disenfranchise those on probation. In 14 states, offenders tried under federal law are ineligible to vote.
3) What requirements under Florida law must a felon meet in order to have their civil rights restored without a hearing pursuant to under Rule 9, Rules of Executive Clemency?
Rule 9 of the Rules of Executive Clemency is the simplest procedure for the restoration of a felon's civil rights without a hearing if the applicant meets all of the following requirements:
1. Completion and satisfaction of all sentences imposed and all conditions of supervision have expired or been completed, including but not limited to, parole, probation, community control, control release, and conditional release.
2. No outstanding detainers or any pending criminal charges.
3. No outstanding pecuniary penalties or liabilities that total more than $275 and result from criminal conviction or traffic infraction, including but not limited to, fines, court costs, or unpaid costs of supervision pursuant to Chapter 944, Florida Statutes. (Pecuniary penalties are those related to money.)
4. No conviction of a capital or life felony.
5. No previous Clemency Board action.
6. No more than two felony convictions of record.
7. The applicant is a U.S. citizen.
8. The applicant is a resident of Florida.
The second procedure is an application for clemency pursuant to Rule 6, Rules of Executive Clemency. Felons seeking restoration of their civil rights via this procedure must complete, submit, and file an application to the Office of Executive Clemency on forms furnished by the coordinator. Each application for clemency shall have attached to it a certified copy of the charging instrument (indictment, information or warrant with supporting affidavit) for each felony conviction, and a certified copy of the judgment and sentence of each and every felony conviction including those that occurred within the State of Florida, outside the State of Florida and federal convictions. Each application for clemency may include character references, letters of support, or any other documents that are relevant to the application for clemency.
The third procedure is to seek a waiver of the rules to apply for clemency if a felon cannot meet the previous requirements outlined in Rule 8 of the Rules of Executive Clemency. Again, this requires completion, submission, and filing of a form with supporting documents consisting of the information/indictment and a copy of the judgment, sentence and other supporting documents to the Office of Executive Clemency.
To better facilitate the restoration of an offender's civil rights, the application process is required to be completed prior to release from supervision.
