Fla Repubs push for restoration of felon rights

[Moses]

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Posted on Fri, Jan. 28, 2005


The Florida Legislature may tackle the state's troubled clemency system, starting with a plea by influential Republicans to the governor to automatically restore the rights of felons.

BY JASON GROTTO AND DEBBIE CENZIPER
[e-mail]

Two powerful Republican lawmakers are urging Gov. Jeb Bush to restore civil rights to felons who have completed their sentences -- and have vowed to support a voter referendum to end Florida's 137-year-old ban altogether if the governor refuses.

Sen. Stephen Wise, a Jacksonville Republican and chairman of the criminal justice committee, said the Legislature could put an amendment on the ballot that would permanently eliminate the ban from the Florida Constitution if a majority of voters approves.

''I think it has great potential,'' he said. ``If our committee would do it, then we could get this [idea] out of the Legislature and get it onto a statewide ballot. Its time has come.''

The idea also has the backing of Senate Majority Leader Alex Villalobos, a Miami Republican.

''If the governor doesn't change it, perhaps the people of the state of Florida should get involved and change it, and I support that concept,'' he said.

The comments by Wise and Villalobos bring bipartisan support to an issue pushed for years by a small group of African-American Democrats.

Florida is one of seven states that strip felons of their civil rights for life unless the Clemency Board, composed of the governor and Cabinet, restores them. The state Constitution gives the Board complete authority over who regains rights, including the right to vote and serve on a jury.

Bush did not directly address the proposals by Wise and Villalobos, but an e-mail from his spokesman Jacob DiPietre said the governor ``believes the current process is fair.

``[Florida's clemency rules] require felons convicted of serious crimes to actively participate in the clemency process in order to have their rights restored.''

After a Herald investigation late last year exposed widespread flaws in Florida's clemency system, Bush and the Cabinet revised some of the rules.

FLAWS DETAILED

But Villalobos, a former state prosecutor, said those changes don't go far enough.

''The governor could turn this around today and say this is the way it's going to be from now on,'' Villalobos said. ``He could change the system.''

Without the support of the governor and Cabinet, the only other option is to put an amendment on the ballot to permanently eliminate the voting ban.

Voters can sponsor a constitutional amendment themselves but it requires more than 600,000 signatures.

The easier way is through the Legislature, which can put an amendment on the ballot with a three-fifths vote in each chamber. Voters would have to agree to the change.

With the 2005 legislative session starting in March, Wise said he discussed it with the criminal justice committee staff earlier this week.

Republican leaders in the House said they haven't discussed additional measures.

''I think we're going to work very closely with Senator Villalobos and Senator Wise to look at these particular proposals,'' said House Majority Leader Andy Gardiner, an Orlando Republican.

Bush has historically rejected the idea of restoring rights to all felons automatically, citing public safety issues, among others.

But lawmakers and civil rights advocates say denying rights to felons makes staying out of trouble that much harder, with felons struggling to find jobs and housing.

CRIME ISSUE

In the past, the Clemency Board cracked down on felons because crime rates were high. Prison overcrowding forced the state to release many felons early, and Clemency Board members worried they were restoring rights before punishments were complete.

Today, however, the state punishes criminals more severely than ever.

The Legislature, among other things, has adopted laws that keep repeat offenders behind bars longer and require most felons to serve 85 percent of their sentence.

Florida's crime rate has plunged to historic lows.

''It clearly doesn't help public safety to unreasonably deny reformed felons the right to vote,'' said Rep. Dan Gelber, D-Miami Beach, a former federal prosecutor. ``I think you want reformed felons back into the workplace, back into society, returning as legitimate citizens.''