Sun Sentinel Palm Beach Edition
Amendment 4 backers lied to voters about paying restitution
Most Americans believe in second chances. Redemption is written into the fabric of our unique American soul. So it came as no surprise to us that Floridians in November 2018 voted to restore the right to vote to those convicted of felonies who had served, “their term of sentence.”
Florida voters approved Amendment 4 because we were told that voting rights restoration was dependent upon felons paying their debt to society.
Easy answer right? Initially, yes.
In answering questions in front of the Florida Supreme Court, it was stated by the counsel for Amendment 4 multiple times that restoration of voting rights included the full payment of any restitution, fees, fines etc.
The Florida Restoration of Rights Coalition, the interest group representing those seeking to have their right restored defined the phrase “terms of sentence” as, “any restitution, fines and fees imposed as part of a sentence.” That definition is what the people of Florida voted for.
That definition is colorblind and affects only those convicted of felonies after receiving due process of law.
It might surprise you to learn that this definition was also not in dispute at the time Amendment 4 was argued before the Florida Supreme Court. Everyone, including the ACLU, agreed.
To illustrate this fact, one need only look at the transcript of the March 2017 oral arguments made before the court. Jon Mills, now dean of the University of Florida College of Law, a well-respected attorney, and former Speaker of the Florida House, represented the authors of Amendment 4.
Justice Polston asked him a very simple question when he asked Mr. Mills, “so the restoration of voting rights would also include the full payment of any fines?”
Mr. Mills’ answer? “yes sir.” Can’t get much clearer than that.
At least three more times during arguments over the constitutionality of the amendment, Justices asked questions and assumed fines and costs were a part of the phrase “terms of sentence.”
To further bolster this position, the Florida Rights Restoration Coalition (FRRC) — the main interest group representing those seeking to have their rights restored — defined the phrase “terms of sentence,” as, “any restitution fines, and fees imposed as part of a sentence.”
That is until they deleted it from their website after being exposed.
But it gets worse. On top of flip-flopping and telling the court one thing to get the amendment on the ballot and then telling the legislature something else to speed up restoration, proponents, activists, and erstwhile editorial writers have begun accusing those of us who voted for the clarification legislation of supporting a racist and unconstitutional “poll tax.”
Let us be crystal clear. Poll taxes were wrong when they existed and they are still wrong today. Poll taxes kept innocent men and women from voting and were racially applied. Part and parcel of our past that should stay in the past.
To call, outright, what we are advocating for a poll tax is grossly disrespectful to the memory of those who suffered from actual discrimination and demeans the solemnity and seriousness of wrongdoing that existed in the late 19th and early 20th centuries in America.
There is a huge difference between an innocent AfricanAmerican man or woman prevented from voting because they can’t pay the tax and the young man or woman who committed a felony like battery on the elderly or kidnapping and can’t vote because they can’t afford to reimburse the taxpayer for the cost of their poor decisions.
The truth is that those who created Amendment 4; those who defended Amendment 4; and, those who represent Amendment 4 all know that the voters voted for Amendment 4 because they were assured those whose rights were restored had “paid their debt” to society. We, the law-abiding citizens of this great Republic don’t owe ex-felons anything.
And news media covering this issue should remember that if and when this legislation comes before the Florida Supreme Court, proponents will either have to admit they lied to the Court previously or they’re lying to voters today.
Let’s see if they can at least be honest about that.
Speaker Pro Tem MaryLynn Magar, a Republican, represents Florida’s 82nd legislative district, which includes parts of Martin and Palm Beach County. House Majority Leader Dane Eagle, a Republican, represents Florida’s 77th legislative district, which includes parts of Lee County. Majority Whip Mike Grant a Republican, represents Florida’s 75th legislative district in Charlotte County.