Can Felons Vote in Florida? 

Individuals with prior convictions can vote in Florida, but the process is complicated. A 2018 constitutional amendment restored felon voting rights to most individuals with past convictions, but a subsequent law imposed financial requirements that made things more difficult.

For convicted felons seeking to fully rejoin their communities, voting is a significant step. While Florida law allows most to restore this voting right, certain steps must be taken to do so. This article will cover what the law requires for the restoration of voting rights to individuals with prior convictions and how to get your voting rights back.

If you need assistance determining your financial obligations or confirming if you meet the eligibility requirements to vote, contact a civil rights attorney. The requirements may vary on a case-by-case basis, but an attorney can review your records and help you with the voter registration application.

The Financial Requirements Under Amendment 4

In November 2018, Florida voters passed Amendment 4. This measure restores voting rights to most Floridians with a prior conviction. To restore their voting rights, Florida state law requires them to complete their felony sentences, including probation and parole. People convicted of homicide and sexual offenses remain unable to vote.

This rule quickly changed. In March 2019, Gov. Ron DeSantis signed Senate Bill 7066, clarifying Amendment 4. The new state law required former felons to pay all court-ordered costs, fees, fines, and restitution before registering to vote. These fees and costs were considered terms of their sentence that weren’t addressed in Amendment 4.

A series of court proceedings followed. In October 2019, a lower court issued a preliminary injunction blocking SB 7066 as applied to people unable to pay. In May 2020, U.S. District Judge Robert Hinkle ruled that conditioning the right to vote on an inability to pay violated the Equal Protection Clause. He also found that these fees, as separate from fines and restitution, amounted to a tax on voting in violation of the 24th Amendment.

The state appealed, and the 11th Circuit stayed the district court’s ruling pending its review. Voting rights advocates asked the U.S. Supreme Court to vacate the stay, but the Court declined to do so without comment.

In September 2020, the full 11th Circuit Court issued a split decision (6-4). It ruled that the Florida law did not violate the due process clause and was not a “poll tax” as described by advocates. The matter is over unless there is further action or a constitutional amendment. It is now codified as Florida State Statute 98.0751.

The Core Problem: How Do You Know What You Owe?

One of the main problems SB 7066 faced is that Florida lacks a centralized system to connect people with prior convictions to their outstanding fees and fines. There is no state agency that tracks the required restitution payments that they made to victims. People leaving prison are also rarely informed about their financial obligations. This means the burden of figuring it out falls entirely on them.

If you’re looking to restore your voting rights, you’ll need to review your judgment and sentencing documents for each felony conviction. These records show what amounts were originally ordered as part of your sentence. Next, you need to determine how much you’ve already paid.

You should contact the clerk of the court in each county where you were convicted, as the law requires you to settle all court-ordered costs, fees, and fines. You can request copies of the documents and receive a payment accounting. These documents are available as public records, and court clerks are often required to provide them upon request.

If you’re still unsure about your status, you can request a formal Felon Eligibility Opinion from the Florida Department of State. This opinion is free of charge. The Department will inform you whether you are eligible to register to vote. Fill out the Felon Eligibility Opinion Request Form to begin the process.

Once you’ve filled out the form, you can submit it by any of the following methods:

Email: dos.generalcounsel@dos.myflorida.com

Physical Address and Mailing Address:

Office of General Counsel
R.A. Gray Building, 500 South Bronough Street, Suite 100, Tallahassee, Florida 32399-0250 

You can also call the office at (850) 488-2952 with questions. Once the Department receives a complete form, it will review your record and issue an advisory opinion within 90 days.

Florida’s “First Dollar Policy”

The Florida Division of Elections uses the “first dollar policy” to determine whether you’ve met your financial obligations. Under this standard, your requirement is to meet the total that’s equal to or exceeds the amount originally ordered in your sentencing documents. Charges incurred after sentencing, such as interest, setup fees for payment plans, and other surcharges, do not count. The clerk’s records may show a higher balance amount than what you actually owe to gain your eligibility to vote again.

For example, as part of your sentence, a court ordered you to pay $500 in court costs. The clerk later added a $50 payment plan fee. If you’ve paid the $500 in court costs, you can register to vote despite still having a balance of $50 for the financing fee.

If you are still uncertain about your obligations after reviewing your records, you can submit a written request for an advisory opinion from the Florida Division of Elections. The Division will apply the standards set in section 98.075(5), Florida Statutes, to assess your eligibility.

For people with convictions in multiple counties or cases going back many years, this process can be a difficult undertaking. Many people with prior convictions remain unable to register due to the state not providing a reliable way to demonstrate that they complied with it.

A Step-by-Step Guide To Restoring Your Voting Rights in Florida

The restoration process depends on the type of conviction on your record. Work through the steps below in order.

Step 1: Determine your conviction type

The first question is whether your conviction involved murder or a felony sexual offense. Not everyone qualifies under Amendment 4. Florida Statutes exclude people with murder or felony sexual offense convictions from Amendment 4‘s automatic voting rights restoration.

If this applies to you, the steps below are not available. Voting rights for those convicted of murder or a felony sexual offense can only be restored through the State Clemency Board. Skip to the section on that process below. It’s a good idea to consider working with a civil rights attorney when applying for clemency.

Step 2: Confirm that you have completed your full sentence

Florida Statutes require that your sentence be fully completed before you can register. This means finishing not just any period of incarceration, but also every term of parole and probation imposed as part of your sentence. You must satisfy all conditions before they can restore your voting eligibility.

Step 3: Determine and pay your financial obligations

This is where most people run into trouble. Florida has no centralized database linking criminal cases to outstanding fines and fees, so tracking down what’s owed falls entirely on you.

Start by contacting the clerk of the court in every county where you were convicted. Request a complete accounting of any amounts still unpaid, including fines, fees, and restitution. It is also worth asking whether your financial obligations can be converted to community service or if any obligation owed to a specific payee can be terminated.

Since this process involves contacting several offices, reviewing old records, and checking information from different sources, working with a Florida civil rights attorney can help ensure you’ve completed it correctly. They can help you find any unpaid obligations you might not know about and confirm your eligibility before you apply to register to vote.

If You Are Eligible: How To Register To Vote

Once you have confirmed that your sentence is complete and you have paid or resolved all your financial obligations, you are eligible to register to vote. The Florida Division of Elections provides guidance on the registration process for people with prior convictions, including information on how to verify your eligibility and what documentation to have available.

You can register online through the Florida Division of Elections, by mail, or in person at your county supervisor of elections office. Make sure you have documentation of your sentence completion and records showing that you satisfied your financial obligations. Keep this documentation on hand after you register.

Certain individuals are not affected by these rules. If you have not been convicted of a felony, your right to vote remains intact. That includes people currently held in pre-trial detention. Misdemeanor convictions also do not impact your voting rights in Florida.

Registration deadlines still apply to you. For instance, if you want to participate in the general election, you should register to vote at least 29 days before Election Day.

If You Are Not Eligible: The Executive Clemency Process

If your conviction involved murder or a felony sexual offense, Amendment 4 does not apply. While your voting rights are not permanently lost, the process is more demanding, and the outcome is not guaranteed.

You may apply for executive clemency through the Office of Executive Clemency. Executive clemency is a process that allows you to ask the Governor and the Florida Cabinet to restore your civil rights, including your right to vote. When acting on clemency requests, they sit together as the Board of Executive Clemency. The Florida Commission on Offender Review provides information on clemency applications on its website.

Because the clemency process is complex and unpredictable, consider seeking legal advice from a civil rights attorney. They can guide you through the process, help prepare your application, and ensure you follow all procedural steps to gain back your right to vote.

Talk to a Civil Rights Attorney About Restoring Your Voting Rights

Restoring the right to vote is a meaningful step in rebuilding your life after a conviction. However, Florida‘s legal landscape is complex, and it requires a few steps for you to regain this civil right. A Florida civil rights attorney can help determine your outstanding obligations and guide you through the voting registration or clemency process. For Florida felons who wish to regain their voting rights, the assistance of a civil rights attorney can be crucial.