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"A well-functioning democracy depends on its citizens having the right and opportunity to vote."

“Amendment 4 Advisory”

Florida was one of only four states that prevented convicted felons from voting. That changed in November 2018 when over five million Floridians voted in favor Amendment 4 to our state constitution. The Amendment restored the voting rights of certain eligible convicted felons who completed their sentences.

After the Legislature passed F.S. 98.0751 interpreting and implementing the Amendment, we led a team that included Public Defender Carlos Martinez, Criminal Conflict and Civil Regional Counsel Eugene Zenobi, Clerk of Courts Harvey Ruvin, Chief Judge Bertila Soto, Senator Jason Pizzo, and House Democratic Leader Kionne McGhee, that created a detailed plan to help returning citizens obtain the paperwork they needed to register and establish procedures to address individuals who could not afford to fulfill their financial obligations. The Florida Rights Restoration Coalition supported our efforts.

Prior to Amendment 4’s passage, a Miami-Dade Grand Jury investigated the potential effects of the Amendment. As the Grand Jury found, research demonstrates that returning citizens whose civil rights are restored reoffend at a lower rate than those whose rights are not restored. Thus, there are public safety benefits to reintegrating these individuals into society, rather than ostracizing them. Simply stated, restoring their voting rights has the potential to make communities safer, save tax dollars, and allow more citizens’ voices to be heard.

In January of this year, we modified our plan after the Florida Supreme Court issued an advisory opinion clarifying some terms, but our commitment to fulfilling the public mandate continues to guide us. As the case proceeds through the Federal Court system, we continue to use F.S. 98.0751 to assists those individuals who are indigent toward the completion of their sentence.

State Attorney Fernandez Rundle has always believed that a citizen’s right to vote is the foundation upon which our democracy rests. The passage of Amendment 4 reflected the will of the 5.6 million people who voted in favor of it and opened a door allowing 1.4 million Floridians a chance to contribute to their community. Now is the time to take advantage of that opportunity.

Thus far, we have reviewed over 100 motions, and numerous individuals have been given a court order finding them indigent and having completed their sentence.

For more information on this process and the necessary forms to file in Court, please visit miamisao.com/amendment4.

Click here to access the appropriate forms:

Motion to Declare Indigence Financial Affidavit to Modify Sentence

Amendment 4 Frequently Asked Questions

The eligibility criteria to restore voting rights for a convicted felon are found in the Florida Constitution section 4, Article VI, Fla. Const,  and Florida Statute section 98.0751.

  • A felony conviction in Florida for murder or a sexual offense makes a person ineligible to vote in Florida unless and until the person’s right to vote is restored by the State Clemency Board.
  • For any other felony conviction in Florida, a person is eligible to register and vote if the person has completed all terms of his or her sentence.

Completion of a Sentence means:

  • Prison or jail time;
  • Parole, probation, or other forms of supervision; and
  • Payment of the total amount of all fines, fees, costs, and restitution ordered as part of the felony sentence.

Notes: (1) a felony conviction in another state makes a person ineligible to vote in Florida only if the conviction would make the person ineligible to vote in the state where the person was convicted; (2) An offense on which a person was not adjudicated guilty does not make a person ineligible to vote; & (3)A misdemeanor conviction does not make a person ineligible to vote.

  • Look in the judgement(s) and sentence(s) to find out what amount of financial obligations (i.e. fines, fees, costs and/or restitution) were ordered as part of the felony conviction(s)
  • If financial obligations were ordered, determine how much has been paid and what is still owing by contacting the Clerk of Court in the county or counties of conviction(s).
  • The Department applies the “first dollar policy” to determine if the person has satisfied the fines, fees, costs and/or restitution part of their felony sentence. This ensures that eligibility for restoring voting rights is not based upon satisfying amounts that accrue after the sentence.
  • Under 98.0751(2)(a)5.e., Fla. Stat., an individual may petition a court to terminate, upon consent of the person or entity owed, a financial obligation (i.e., fine, fee, cost, and/or restitution), or convert the financial obligation to community service.
  • In Miami Dade, State Attorney Katherine Fernandez Rundle has for years now worked closely with the Courts, the Public Defender’s Office, the Clerk of Courts, many pro bono lawyers, and the Florida Rights Restoration Coalition (FRRC). For more information, join us at a Second Chance clinic, or visit https://floridarrc.com.