Florida Statutes
Fla. Stat. § 944.292 (2025)
Suspension of civil rights.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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944.292 Suspension of civil rights.—
(1) Upon conviction of a felony as defined in s. 10, Art. X of the State Constitution, the civil rights of the person convicted shall be suspended in Florida until such rights are restored by a full pardon, conditional pardon, or restoration of civil rights granted pursuant to s. 8, Art. IV of the State Constitution. Notwithstanding the suspension of civil rights, such a convicted person may obtain restoration of his or her voting rights pursuant to s. 4, Art. VI of the State Constitution and s. 98.0751.
(2) This section shall not be construed to deny a convicted felon access to the courts, as guaranteed by s. 21, Art. I of the State Constitution, until restoration of her or his civil rights.
History.—s. 28, ch. 74-112; s. 1, ch. 76-139; s. 1, ch. 88-138; s. 1646, ch. 97-102; s. 28, ch. 2019-162.
Notes of Decisions
Cited in 27
cases (1 in the last 5 years), 1975–2025 · leading case: McCuiston v. Wanicka, 483 So. 2d 489 (Fla. 2d DCA 1986).
McCuiston v. Wanicka, 483 So. 2d 489 (Fla. 2d DCA 1986). “" § 944.292, Fla. Stat. (1975). The supreme court invalidated that statute upon a finding that its provision for automatic reinstatement of civil rights unconstitutionally infringed upon the Governor's exclusive powers of pardon and clemency as set forth in article IV, section…”
Lloyd v. Farkash, 476 So. 2d 305 (Fla. 1st DCA 1985). “The issue presented by this appeal is whether Fla. Stat. § 944.292 (1983) unconstitutionally infringes upon a convicted felon's right of access to the courts.”
Holden v. Florida Dept. of Corr., 400 So. 2d 142 (Fla. 1st DCA 1981). “Although the Hearing Officer recommended that appellants be permitted to marry, the Department entered a final order denying appellants permission to marry on the grounds that the proposed marriage would adversely affect both prison security and Washington's rehabilitation…”
Schlenther v. Dep't of State, 743 So. 2d 536 (Fla. 2d DCA 1998). “Although appellant's civil rights and firearm authority had been restored in Connecticut, appellee maintains that section 944.292(1), Florida Statutes (1995), and section 8, article IV of the Florida Constitution work together to require appellant to apply to the Governor of…”
Henderson v. Crosby, 883 So. 2d 847 (Fla. 1st DCA 2004). “The trial court dismissed the action on the authority of section 944.292, Florida Statutes (1983), which suspended all civil rights of anyone convicted of a felony until those rights were restored by pardon or other affirmative action.”
Singletary v. Costello, 665 So. 2d 1099 (Fla. 4th DCA 1996). “3d DCA 1987); § 944.292, Fla. Stat. (1993). However, a convicted prisoner does not forfeit all constitutional protections by reason of the conviction and confinement.”
Burkett v. State, 518 So. 2d 1363 (Fla. 1st DCA 1988). “Section 944.292, Florida Statutes (1985), provides: Upon conviction of a felony as defined in s.”
Ronald Bradbury v. Louie L. Wainwright, 718 F.2d 1538 (11th Cir. 1983). “30 requires the Department of Corrections to recommend commutation if a life prisoner has served ten years, has not sustained any misconduct charge, and has a good institutional record.”
James Michael Hand v. Ron Desantis, 946 F.3d 1272 (11th Cir. 2020). “4 The legislature amended Fla. Stat. § 944.292 (1) by adding the following sentence: “Notwithstanding the suspension of civil rights, such a convicted person may obtain restoration of his or her voting rights pursuant to s.”
Leone v. Florida Power Corp., 567 So. 2d 992 (Fla. 1st DCA 1990). “2d at 308 ): Since no alternative was provided to convicted felons [for redress of injuries] and we do not believe that an overpowering public necessity for the suspension [of access to court] can be shown, we find that Fla. Stat. § 944.292 (1983), insofar as it purports to…”
France v. State, 436 So. 2d 428 (Fla. 5th DCA 1983). “Williams contended on appeal that the civil rights suspended under section 944.292, Florida Statutes (1979), 1 do not include possession of a firearm so, therefore, all his civil rights were restored by the governor’s order, resulting in a complete defense under section 790.”
Williams v. State, 402 So. 2d 78 (Fla. 1st DCA 1981). “Appellant argues that § 944.292, Florida Statutes (1979) provides that a felon's "civil rights" shall be suspended unless reinstated by the Governor.”
— 944.292(1) — 5 cases
Schlenther v. Dep't of State, 743 So. 2d 536 (Fla. 2d DCA 1998). “Although appellant's civil rights and firearm authority had been restored in Connecticut, appellee maintains that section 944.292(1), Florida Statutes (1995), and section 8, article IV of the Florida Constitution work together to require appellant to apply to the Governor of…”
Finfrock v. State, 932 So. 2d 437 (Fla. 4th DCA 2006).
Calvin v. Jefferson Cnty. Bd. of Commissioners, 172 F. Supp. 3d 1292 (N.D. Fla. 2016).
Hand v. Scott, 315 F. Supp. 3d 1244 (N.D. Fla. 2018).
Bailey v. Laurie, DeSantis (Fla. 1st DCA 2025).
— 944.292(2) — 1 case
Leone v. Florida Power Corp., 567 So. 2d 992 (Fla. 1st DCA 1990). “2d at 308 ): Since no alternative was provided to convicted felons [for redress of injuries] and we do not believe that an overpowering public necessity for the suspension [of access to court] can be shown, we find that Fla. Stat. § 944.292 (1983), insofar as it purports to…”
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