In re Implementation of Amendment 4, the Voting Restoration Amendment
Citation | 288 So.3d 1070 |
Decision Date | 16 January 2020 |
Docket Number | No. SC19-1341,SC19-1341 |
Parties | ADVISORY OPINION TO the GOVERNOR RE: IMPLEMENTATION OF AMENDMENT 4, THE VOTING RESTORATION AMENDMENT. |
Court | United States State Supreme Court of Florida |
Joseph W. Jacquot, General Counsel, Nicholas A. Primrose, John MacIver, Colleen Ernst, and James Uthmeier, Deputy General Counsel, Joshua E. Pratt, Assistant General Counsel, Executive Office of the Governor, Tallahassee, Florida, for The Honorable Ron DeSantis, Governor of Florida
Theodore Leopold, Diana L. Martin, and Poorad Razavi of Cohen Milstein Sellers & Toll, PLLC, Palm Beach Gardens, Florida; and Cecilia Aguilera and Jon Sherman, Fair Elections Center, Washington, District of Columbia, for Interested Party, Fair Elections Center
Mark R. Schlakman of Florida State University Center for the Advancement of Human Rights, Tallahassee, Florida, for Interested Party, Florida Association of Criminal Defense Lawyers (FACDL)
Adam Richardson, pro se, West Palm Beach, Florida, Interested party
Jeremiah Hawkes, General Counsel, and Ashley Istler, Deputy General Counsel, The Florida Senate, Tallahassee, Florida for Interested Parties, The Florida Senate and Bill Galvano, in his official capacity as President of The Florida Senate Jennifer LaVia and Carla Laroche, pro se, Tallahassee, Florida, Interested parties
By letter dated August 9, 2019, Governor Ron DeSantis requested the opinion of the justices of this Court as to the interpretation of a portion of the Florida Constitution upon a question affecting his executive powers and duties. We have jurisdiction. See art. IV, § 1(c), Fla. Const.
Specifically, the Governor requests advice regarding the meaning of certain language that was added to article VI, section 4 of the Florida Constitution by the approval on November 6, 2018, of an initiative petition—commonly referred to as "Amendment 4"—that restores the voting rights of certain convicted felons "upon completion of all terms of sentence including parole or probation." Art. VI, § 4(a), Fla. Const. The Governor asks whether the phrase "all terms of sentence" encompasses legal financial obligations (LFOs)—fines, restitution, costs, and fees—ordered by the sentencing court. We answer in the affirmative, concluding that "all terms of sentence" encompasses not just durational periods but also all LFOs imposed in conjunction with an adjudication of guilt.
The Governor's letter in relevant part states:
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