Florida Cabinet updates clemency rules
in Florida, with critics accusing the state of refusing to let go of a process designed to keep black people from voting.
The revamped clemency rule will allow felons who have waited at least seven years after they have completed their time behind bars and have fulfilled other requirements but owe restitution to victims to request a hearing from the clemency board. Under the current rules, restitution must be paid in full before felons can apply to have their rights restored.
The current process will remain the same for felons who are eligible for clemency without a hearing. Felons who have not been convicted of murder, sex offenses or other violent crimes — such as those resulting in death — and who have completed their sentences, paid restitution and have not committed any crimes for five years may apply to have their rights restored without a hearing.
The change, proposed by DeSantis and unanimously approved by Attorney General Ashley Moody, Agriculture Commissioner Nikki Fried and Chief Financial Officer Jimmy Patronis, followed a recent Florida Supreme Court opinion that found the state law properly carried out a 2018 constitutional amendment aimed at restoring the rights of felons who have completed terms of their sentences.
Perhaps more important, the revised clemency rule could satisfy a federal judge’s ruling that the state must have a way for felons who cannot afford to pay “legal financial obligations” to register to vote.
Moody called the new process “a great first step,” saying that a series of recent court rulings “will give us the opportunity to more comprehensively look at the rules and determine how we can best tackle the backlog of cases.”
Moody said she looks forward to “a more comprehensive revision” of the clemency rules.
But Fried, the lone Democrat on the Cabinet, said the revamped rule, while a good “first step,” doesn’t go far enough. She said the board should remove the restitution requirement for felons who don’t need a hearing.
Backers of 2018 constitutional amendment, known as Amendment 4, called the revised rule “a small step in the right direction.”
“Lost in the political chatter are the lives of real people, public safety, and Florida taxpayers,” Desmond Meade, executive director of the Florida Rights Restoration Coalition, said in a prepared statement. Restoring civil rights “drastically reduced recidivism rates,” “saves hundreds of millions of Florida taxpayers dollars annually,” and allows people “from all walks of life to stimulate our economy and democracy,” he added.