Florida Statute 940.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 940
EXECUTIVE CLEMENCY

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F.S. 940.05

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.

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Amendments to 940.05

Annotations, Discussions, Cases:

Cases Citing Statute 940.05

Total Results: 11

Brown v. State

245 So. 2d 68

Supreme Court of Florida | Filed: Feb 17, 1971 | Docket: 1356351

Cited 40 times | Published

responsibility of the decision. 23 C.J.S. Criminal Law § 940(5), p. 746. As stated in Brock v. State, 69 So.2d

Beacham v. Braterman

300 F. Supp. 182

District Court, S.D. Florida | Filed: Oct 20, 1969 | Docket: 173498

Cited 38 times | Published

whose civil rights have not been restored." Florida Statute 940.05, F.S.A. "Pardon restores rights of citizenship

United States v. Harry H. Owens, A/K/A Bessellieu, Jamesea

15 F.3d 995, 1994 U.S. App. LEXIS 2491, 1994 WL 43475

Court of Appeals for the Eleventh Circuit | Filed: Feb 15, 1994 | Docket: 1026471

Cited 16 times | Published

release by the Parole Commission. Fla.Stat. § 940.05 (1988). Based on this statute, Owens contends

Gallie v. Wainwright

362 So. 2d 936

Supreme Court of Florida | Filed: Sep 14, 1978 | Docket: 1362717

Cited 9 times | Published

cabinet the names of persons eligible under Section 940.05. The maximum relief which Gallie could obtain

State v. Hadden

370 So. 2d 849

District Court of Appeal of Florida | Filed: May 8, 1979 | Docket: 1385986

Cited 6 times | Published

rights. In effect at the times involved here was Section 940.05, Florida Statutes (1977), relating to restoration

State v. Beardsley

464 So. 2d 188, 10 Fla. L. Weekly 310

District Court of Appeal of Florida | Filed: Feb 6, 1985 | Docket: 1661237

Cited 3 times | Published

any withdrawal of an adjudication of guilt. Section 940.05, Florida Statutes (1983) is the only provision

Calhoun v. DEPT. OF HLT & REHAB. SERV

500 So. 2d 674, 12 Fla. L. Weekly 197

District Court of Appeal of Florida | Filed: Jan 6, 1987 | Docket: 1295053

Cited 2 times | Published

remit fines and forfeitures for offenses." Section 940.05, Florida Statutes (1985), provides in relevant

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Sep 11, 2020 | Docket: 18430246

Published

carceral terms of their sentence. See Fla. Stat. § 940.05; Fla. R. Exec. Clem. 5. Notably, a felon is not

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Sep 11, 2020 | Docket: 18439265

Published

carceral terms of their sentence. See Fla. Stat. § 940.05; Fla. R. Exec. Clem. 5. Notably, a felon is not

Howard v. United States

915 F. Supp. 329, 1995 U.S. Dist. LEXIS 20029, 1995 WL 791255

District Court, S.D. Florida | Filed: Sep 8, 1995 | Docket: 66002789

Published

to own firearms was excluded. Florida Statutes § 940.05 provides that “[a]ny person who has been convicted

Calhoun v. Department of Health & Rehabilitative Services

500 So. 2d 674, 12 Fla. L. Weekly 197, 1987 Fla. App. LEXIS 6189

District Court of Appeal of Florida | Filed: Jan 6, 1987 | Docket: 64624273

Published

remit fines and forfeitures for offenses.” Section 940.05, Florida Statutes (1985), provides in relevant