Florida Law Prohibits Felons from Holding Public Office

Florida law prohibits individuals convicted of felonies from holding public office until their civil rights, including the right to hold office, have been restored. This is part of Florida's broader approach to the civil rights of convicted felons.  [Middle District of Florida]  Here are the key points:

1.    Felony Conviction: A person convicted of a felony in Florida loses certain civil rights, including the right to vote, the right to serve on a jury, and the right to hold public office.

2.    Restoration of Civil Rights: To regain the right to hold public office, a felon must have their civil rights restored. This typically involves completing their sentence, including any parole or probation, and then applying for restoration.

3.    Executive Clemency: The process of restoring civil rights is often overseen by the Florida Executive Clemency Board, which is composed of the Governor and members of the Cabinet. The board reviews applications and determines whether to restore an individual's civil rights.

4.    Automatic Restoration (Amendment 4): In 2018, Florida voters passed Amendment 4, which automatically restores voting rights to most felons upon completion of their sentences, excluding those convicted of murder or felony sexual offenses. However, this amendment primarily affects voting rights, and individuals may still need to apply separately for the restoration of other rights, such as holding public office.

5.    Application Process: For those not automatically eligible under Amendment 4, the process involves submitting an application for clemency, which includes details of the conviction, sentence completion, and personal information. The board reviews the application and decides whether to restore the individual's rights.

6.    Exceptions: Certain serious offenses, such as murder and felony sexual offenses, typically require a more stringent review process and may face additional hurdles in seeking restoration of civil rights.

For the most accurate and current information, it's advisable to consult the Florida Department of Law Enforcement (FDLE) or the Florida Commission on Offender Review.

Florida's restrictions on holding public office also apply to individuals convicted of a felony in another state, such as New York. Here's how it works:
1.    Recognition of Out-of-State Convictions: Florida recognizes felony convictions from other states. If an individual has been convicted of a felony in New York, they are subject to the same loss of civil rights as those convicted in Florida.

2.    Restoration of Rights: To regain the right to hold public office in Florida, the individual must have their civil rights restored. This includes the right to hold office, which typically involves the process overseen by the Florida Executive Clemency Board.

3.    Process for Out-of-State Felons: An individual convicted of a felony in another state must complete their sentence, including any parole or probation, and then apply for the restoration of their civil rights in Florida. The process is similar to that for individuals convicted within Florida.

4.    Executive Clemency Application: The individual would need to submit an application for clemency to the Florida Executive Clemency Board, providing details of the out-of-state conviction, completion of the sentence, and personal information. The board reviews the application and determines whether to restore the individual's civil rights.

5.    Consideration of Out-of-State Offenses: The board will consider the nature and details of the out-of-state offense as part of its review process. Certain serious offenses may face additional scrutiny and requirements.

For specific guidance and assistance, individuals should contact the Florida Commission on Offender Review or seek legal advice to navigate the clemency application process.

There are a few potential paths for a convicted felon in Florida to regain the right to hold public office, including through intervention by the Florida governor or legislature:

Clemency from the Florida Governor and Cabinet:

The Florida Constitution gives the Governor, with approval from two Cabinet members, the power to "restore civil rights" to convicted felons through clemency. This would allow a felon to regain the right to hold public office that is lost upon felony conviction.

However, granting clemency to restore office-holding rights before a felon completes their full sentence would be "exceedingly rare and virtually unprecedented" according to experts cited. It is typically only done after sentences are fully completed.

Action by the Florida Legislature:

While not explicitly stated, the Florida Legislature potentially could pass a law exempting certain felons or specific individuals from the constitutional prohibition on holding office. As the search results note, the Legislature previously passed a law (SB 7066) adding requirements beyond just the constitutional language for felons to regain voting rights.

However, any such legislative exemption could face legal challenges as potentially unconstitutional if viewed as circumventing the constitutional provisions.

Voter-approved Constitutional Amendment:

Ultimately, amending the Florida Constitution itself through a voter-approved ballot measure could provide a path to modify or remove the prohibition on felons holding office. This was done for voting rights through Amendment 4 in 2018, though it did not address the office-holding prohibition.

So in summary, while extremely rare and likely to face legal hurdles, intervention by the Governor/Cabinet through clemency or action by the Legislature are two potential avenues, but a constitutional amendment approved by voters may be the most direct and legally sound method to exempt certain felons from the prohibition on holding public office in Florida