Clemency is a constitutionally authorized process through which a convicted felon may seek restoration of their civil rights. When a person is convicted of a felony, they lose the right to vote, sit on a jury, hold public office, and possess a firearm in Florida. There are several forms of clemency, including full pardon; pardon without firearm authority; and commutation of sentence. The Florida Commission on Offender Review administers the clemency process through which an offender may have some or all of their rights restored. The discretion to grant clemency is vested in the Board of Executive Clemency, which is composed of the Governor and the three members of the Florida Cabinet (Attorney General, Commissioner of Agriculture, and Chief Financial Officer).

After completing all terms of sentence and meeting certain requirements, offenders shall have their rights restored by automatic approval of the Clemency Board (without a hearing), excluding the right authority to own, possess, or use a firearm. This excludes offenders who were convicted for murder or a felony sexual offense. Offenders who have completed all terms of their sentence, except for any legal financial obligations, may apply to have their civil rights restored. In Fiscal Year 2021-22, 4,366 clemency cases were received and 9,163 clemency cases were completed.

In March 2021, the Board of Executive Clemency revised the Rules of Executive Clemency to allow for felons who have completed all terms of sentence under Amendment 4 to the Florida Constitution to apply for automatic restoration of their full civil rights without a hearing. There were also changes to requests for review, pardons, and the specific authority to own, possess, or use firearms.

In January 2020, the Board of Executive Clemency revised the Rules of Executive Clemency to remove the requirement that all restitution pursuant to a court order or civil judgment and obligations pursuant to Ch. 960, Florida Statutes, must be paid in order to be eligible for civil rights restoration.

Felon Voting Rights. In 2019 the Florida Legislature enacted Ch. 2019-162, Laws of Florida, which made substantive changes to the Florida Election Code and implemented Amendment 4 to the Florida Constitution, which was approved by voters in November 2018. This amendment restored the voting rights of Floridians with felony convictions after they complete all terms of their sentence, which includes probation and parole and the payment of any outstanding fines and fees. For those offenders covered by the amendment, it only restored the right to vote and not the right to sit on a jury or hold public office. Restoration of these rights can only be restored through application to the Board of Executive Clemency. The amendment does not apply to those convicted of murder or felony sexual offenses, who continue to be permanently barred from voting unless the Governor and Cabinet vote to restore their voting rights on a case by case basis.

Reports
Reports and Publications, Florida Commission on Offender Review
The Auditor General reports on the Florida Commission on Offender Review operations are available on its website
Commission on Offender Review - Clemency and Conditional Medical Release - Operational Audit, Auditor General Report No. 2021-118, January 2021

Websites of Interest
Florida Commission on Offender Review, Clemency Overview
Executive Office of the Governor, Clemency/Pardons

Performance Information

Office of Executive Clemency, 850-488-2952 or 1-800-435-8286
Website