Community Legal Services (CLS) can provide legal assistance to eligible clients who believe their right to vote may have been affected by a criminal conviction. The Voting Rights community refer to these individuals as Returning Citizens.
In 2018, Floridians voted to pass Constitutional Amendment 4 with 64.55% of the vote. This Constitutional Amendment proposed to restore the voting rights of Returning Citizens once they had completed their sentences, with the notable exception of those individuals convicted of homicide or sexual offenses.
In 2019, the Florida State Legislature passed a law that required that Returning Citizens must complete “all terms of sentence” including full payment of victim restitution, as wells any court fines, court fees, and court costs resulting from the conviction before they can regain their right to vote. An attempt to try to register to vote when not eligible to vote could result in further criminal prosecution for voter fraud, so it is very important to understand these requirements and fines before registering to vote.
Voting Rights after Incarceration
- An adjudication of guilt as to a misdemeanor offense;
- An adjudication of delinquency in juvenile court, whether misdemeanor or felony;
- A withhold of adjudication of a felony and probation was successfully completed; or
- A pre-trial intervention or diversion program resulting in dismissal of charges.
- An adjudication of guilt as to a felony offense as a result of a revocation of probation, even if there was originally a withhold of adjudication given at the time of original sentencing;
- An adjudication of guilt as to a felony of offense as a minor, if the minor was prosecuted in adult Court;
- A person who failed a pre-trial intervention or diversion program and there was an adjudication of guilt as a result; or
- Any similar charge from another state that would be a felony in the state of Florida.
A person in Florida can lose their right to vote when they receive a felony conviction. A felony conviction means that you were Adjudicated Guilty of a felony offense. If you are a Returning Citizen and unsure of whether you were adjudicated guilty, you can go to the courthouse in the County that prosecuted your case, and ask the Clerk of Court for details about that specific criminal case.. Request a copy of the Judgement and Sentence for any conviction you have received. The “Judgement and Sentence” should indicate if you were adjudicated guilty of a felony offense. If you are unsure if the offense was a felony, locate the statute number for the crime and look up the statute online or at your local library. You can also analyze your case number. For example, in a Case No. 20XX-CF-XXXXX, the “CF” stands for “Criminal Felony.” If in place of the “CF,” you see a “MM,” the “MM” stands for misdemeanor. Finally, a “CT” stands for “Criminal Traffic.”
An Adjudication of Guilt in a Misdemeanor or Criminal Traffic case will not impact your ability to vote in the State of Florida. On the other hand, an Adjudication of Guilt in a Felony case can, if you have not completed all terms of your sentence, including your financial obligations in that Felony case.
The following situations are NOT felony convictions:
The following special circumstances would be considered a felony conviction:
The government requires that Returning Citizens complete “all terms of sentence,” including full payment of victim restitution, as well as any court fines, court fees, and court costs resulting from the conviction before they can regain their right to vote.
If you are a Returning Citizen who is unsure whether you still owe money to the Court or to the former victim in the form of restitution, visit the local county courthouse and ask the Clerk of Court for details about your case. Ask for a certified judgement and sentence, and an accounting of any money owed. Each county has a separate Clerk’s website that may provide information.
If you owe restitution to a former criminal victim and cannot pay, the former victim could sign a notarized statement waiving their right to restitution or stating that restitution has been satisfied. However, it can be very painful to both the Returning Citizen and former victim to be reminded of that time in their life, so discretion is encouraged. You should not contact the victim if there is a No Contact Order/Injunction in place. If you obtain the waiver, go to the Court and file a motion to Determine Financial Obligation and attach the statement. If you are unable to pay your other financial obligations, please review the section on “Court Actions.”
If the Returning Citizen is unsure as to whether they owe any money or if they are unable to pay their financial obligations, they should file one of the following two motions:
Motion to Determine Financial Obligations: If the Clerk is unable to assist the Returning Citizen in determining what financial obligations are still owed, the Returning Citizen may file this motion in all relevant criminal cases so the Court can clarify what is owed.
Motion to Modify Sentence: If the Returning Citizen cannot pay the Court fees and fines that are owed, the Returning Citizen may file this motion to reduce or convert the financial obligation to community service hours.
If you are a Returning Citizen and unsure if you have been convicted of a felony or owe a financial obligation, another available option is to file a Request for Advisory Opinion. The advisory opinion comes from Florida’s Department of State, Division of Elections, which is not the same thing as your local supervisor of elections. You can find the form and address to send the form at this link: Request for Advisory Opinion
For additional information, visit the Florida Division of Elections website.
Because it could take time for the state to process your request, do your own investigation into any fines, fees, or costs related to your felony conviction case. If you are a Returning Citizen and know you have been convicted of felony offenses, owe money, and in what counties those convictions took place, you may want to move forward with the investigation without waiting for a response to your Request for Advisory Opinion.
When Floridians voted to restore the voting rights of most people convicted of felonies, specific exceptions to the amendment were made to individuals convicted of homicide or sexual offenses. The following is a list of offenses that, if convicted of, you would not be eligible for restore your right to vote.
Murder (782.04(1), (2), or (3))
Killing Unborn Child by Injuring Mother
Sexual Misconduct on Person with Developmental Disabilities
Sexual Misconduct on Person at Mental Health Facility
False Imprisonment Child Under 13
Sexual Battery (794.011 excluding paragraph (10))
Statutory Rape
Lewd or Lascivious offenses
Lewd or Lascivious on Elderly or Disabled Person
Showing Obscene Material to Minor
Traveling to Meet a Minor (847.0135 excluding paragraph (6))
Transmission of Child Pornography
Transmission of Obscene Materials to Minors
Selling or Buying of Minors, Racketeering (if sexual activity involved)
Sexual Offense Against Mentally Ill or Intellectually Disabled
Sexual Offense Against Juvenile in Detention Center
Sexual Misconduct by Psychotherapist
Offenses Against Students by Authority Figure
Distribution of Sexual Materials to or of Minors
Sexual Offense by Private Corrections Officer (944.35(3)(b)2)
Sexual Offenses by Detention Facility Employees and Inmates
Additionally, any offense similar to those above, even if from another state.
If convicted of any of the “murder” or “felony sexual offenses” above, the Returning Citizen is disqualified, and their only recourse to restore their voting rights would be to apply for clemency through the governor’s office. If you need to apply for clemency, you may find the information here: Florida Commission on Offender Review.