Felon Rights Restoration in Florida - excellent overview article

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While Florida is infamous for denying felons rights, very few understand the progress that has been made in making it easier to apply for restoration of rights or know about the movement to make restoration of rights automatic. This article is the best overview I have seen of the history, progress and possible future for felon rights in Florida:

Advocates seek changes in Fla. felon rights system
By BILL KACZOR
Associated Press Writer
Posted on Thursday, 10.23.08
TALLAHASSEE, Fla.-- Michelle Latimore fervently hopes Democrat Barack Obama is elected president, but she won't be voting for him.

That's because the Miami woman - the wife of a poll worker and mother of two, including a soldier who has served a tour in Iraq - once was convicted of a felony for buying marijuana. As a result, she lost her civil rights. She said she applied to get them restored two years ago, but that's still pending.

"I can't vote, but I can pray. So that's what I'll do," said Latimore, who works for a traffic signal and street light company. "I can pray for him. I can pray that he wins."

She'll join thousands of former felons - estimates range from 300,000 to more than 900,000 - who'll be staying home on Election Day in Florida because they haven't gotten their rights back. That's even after a rules change last year aimed at speeding up Florida's restoration process for those convicted of relatively minor crimes.

Many other ex-convicts have had their rights restored but remain unregistered because they don't know it. State officials say they've lost track of them and cannot notify them. On the other hand, thousands of ex-cons have been allowed to register and vote even though their rights haven't been restored.

Those are symptoms of a broken system, says Mark Schlakman, senior program director at Florida State University's Center for the Advancement of Human Rights. Schlakman and other civil rights advocates have been pushing for two fundamental changes they say could fix the system, although it's too late to do anything before the Nov. 4 election.

"Voting is a right of citizenship; it is not a privilege," Schlakman said. "It's not a question of coddling criminals. I don't view myself as an advocate for ex-offenders. I'm trying to promote what's in the interests of justice or democratic government."

Once offenders have completed their sentences, including probation or parole, they should get their civil rights back, Schlakman said. That includes the rights to vote, sit on a jury and hold public office.

Florida is one of only 10 states that don't automatically restore civil rights.

Last year's rule change made restoration quicker for some, but those who have committed more serious crimes still must undergo investigations and get approval from the governor and at least two of three Cabinet members. The four sit together as the Board of Executive Clemency. The process can take years and the board turns down thousands of applications.

There's a laundry list of crimes that don't qualify for the fast track. They include murder, rape, lewd conduct, robbery, aggravated battery, aggravated assault, aggravated stalking, first-degree trafficking in illegal drugs, arson, and first-degree burglary.

One problem Schlakman and other advocates face is that rights restoration is tied together with state licensing. While he thinks civil rights like voting should be automatically restored, he agrees the state can and should deny licenses to ex-felons for certain jobs like mortgage broker or teacher where there is a physical or fiscal danger. He thinks the issues should be separated.

"There's no public safety issue in terms of voting," Schlakman said.

His second proposal is for the Clemency Board to revert to an automatic rights restoration rule adopted in 1975 when Reubin Askew was governor. In the 1990s the board, though, started excluding various crimes.

Gov. Charlie Crist said separating rights restoration from licensing is something he might do but he doesn't yet know enough about the Askew rule to comment.

More: http://www.miamiherald.com/news/politics/AP/story/737814.html