Florida Statutes
Fla. Stat. § 940.05 (2025)
Restoration of civil rights.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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940.05 Restoration of civil rights.—Any person who has been convicted of a felony may be entitled to the restoration of all the rights of citizenship enjoyed by him or her before conviction if the person has:
(1) Received a full pardon from the Board of Executive Clemency;
(2) Served the maximum term of the sentence imposed upon him or her; or
(3) Been granted his or her final release by the Florida Commission on Offender Review.
History.—s. 1, ch. 3467, 1883; RS 3001; GS 4077; RGS 6181; CGL 8495; s. 3, ch. 69-29; s. 494, ch. 81-259; s. 47, ch. 88-122; s. 1595, ch. 97-102; s. 167, ch. 2008-4; s. 27, ch. 2014-191.
Notes of Decisions
Cited in 11
cases, 1974–2020 · leading case: Richardson v. Ramirez, 418 U.S. 24 (1974).
Richardson v. Ramirez, 418 U.S. 24 (1974). “1971); Florida, Fla. Stat. Ann. § 940.05 (1973); Hawaii, Hawaii Rev.”
Kelvin Leon Jones v. Governor of Florida, 975 F.3d 1016 (11th Cir. 2020). “See Fla. Stat. § 940.05 ; Fla. R. Exec. Clem.”
State v. Hadden, 370 So. 2d 849 (Fla. 3d DCA 1979). “In effect at the times involved here was Section 940.05, Florida Statutes (1977), relating to restoration of civil rights, as follows: Any person who has been convicted of a felony may be entitled to the restoration of all the rights of citizenship enjoyed by him prior to his…”
State v. Beardsley, 464 So. 2d 188 (Fla. 4th DCA 1985). “Section 940.05, Florida Statutes (1983) is the only provision governing the restoration of civil rights to a convicted felon, and limits the power to do so to the Governor and the Board of Pardons after expiration of the sentence.”
Gallie v. Wainwright, 362 So. 2d 936 (Fla. 1978). “[7] The former states that convicted felons "may" be entitled to a restoration of civil rights upon completion of their prison terms, and the latter directs that the Parole and Probation Commission "shall" submit to the governor and cabinet the names of persons eligible under…”
United States v. Charles, 195 F. App'x 133 (4th Cir. 2006). “See Fla. Stat. § 940.05 (2005). * Critically, however, § 940.”
Calhoun v. Dep't of Health & Rehabilitative Servs., 500 So. 2d 674 (Fla. 3d DCA 1987). “Article IV, Section 8, of the Florida Constitution provides in relevant part: "[T]he governor may ... with the approval of three members of the cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses.”
Calhoun v. Dept. of Hlt & Rehab. Serv, 500 So. 2d 674 (Fla. 3d DCA 1987). “NOTES [1] Article IV, Section 8, of the Florida Constitution provides in relevant part: "[T]he governor may .”
Howard v. United States, 915 F. Supp. 329 (S.D. Fla. 1995). “Florida Statutes § 940.05 provides that “[a]ny person who has been convicted of a felony may be entitled to the restoration of all rights of citizenship enjoyed by him prior to his conviction if he has .”
Kelvin Leon Jones v. Governor of Florida (11th Cir. 2020). “See Fla. Stat. § 940.05 ; Fla. R. Exec. Clem.”
State v. Baker, 36 Fla. Supp. 2d 216 (Fla. Cir. Ct. 1989). “He may seek restoration of his civil rights under F.S. § 940.05 and/or a pardon from the Governor pursuant to the Florida Constitution Article IV, Section 8 and F.”
— 940.05(2) — 1 case
Howard v. United States, 915 F. Supp. 329 (S.D. Fla. 1995). “Florida Statutes § 940.05 provides that “[a]ny person who has been convicted of a felony may be entitled to the restoration of all rights of citizenship enjoyed by him prior to his conviction if he has .”
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