Florida/Georgia Personal Injury & Workers Compensation

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

...disability." Florida Statute 97.041(5) (d), F.S.A. "Qualifications to register The following persons are not entitled to vote: 4. Persons convicted of any felony by any court of record and whose civil rights have not been restored." Florida Statute 940.05, F.S.A....

...Florida law provides that civil rights may be restored to an individual who has: (1) Received a full pardon from the board of pardons, (2) Served the maximum term of the sentence imposed upon him, or (3) Been granted his final release by the Parole Commission. Fla.Stat. § 940.05 (1988)....

...Having now reviewed the arguments of the parties on all points presented, we conclude that Gallie is not entitled to the relief requested on any grounds. Gallie first asserts that he is entitled to an automatic restoration of his civil rights under Sections 940.05 and 940.06, Florida Statutes (1975), both of which have been in effect since 1969....

...[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 Section 940.05....

...minated by August 1, 1972, and that such fact had not been reported by the Parole and Probation Commission to the governor and cabinet and that thereby he had been deprived of restoration of his civil rights. 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 conviction if...

...*851 Also in effect was Section 940.06 entitled "Submission of names of qualified persons" which reads as follows: The parole and probation commission shall submit to the governor and cabinet the names of persons who qualify for the restoration of civil rights in accordance with § 940.05....

...ision on August 1, 1972, and made reference to the above quoted statutory provision for the Parole and Probation Commission to submit to the governor and cabinet the names of persons who qualify for restoration of civil rights under the above quoted section 940.05....

...We agree with the State. The defendant's motion was made pursuant to Florida Rule Criminal Procedure *189 3.800(b) which provides for the reduction or modification of a legal sentence imposed by the court but does not refer to any withdrawal of an adjudication of guilt. 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....

...NOTES [1] 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." Section 940.05, Florida Statutes (1985), provides in relevant part: "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 conviction if he has: (1) Received a full pardon by the board of pardons...." [2] See, e.g., Barry v....

...State, 436 So.2d 428 (Fla.Dist.Ct.App.1983); Thompson v. State, 438 So.2d 1005 (Fla.Dist.Ct.App.1983). Florida statutes, like the certificates above, do not provide any clear guidance whether Florida explicitly informed Howard that the right to own firearms was excluded. 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 ... [sjerved the maximum term of the sentence imposed upon him....” Fla.Stat. § 940.05(2)....

...As in any other motion, the burden of proof lies on the movant. In the present motion, Howard has relied exclusively on legal arguments that the Florida statutes in question do not “explicitly” exempt firearm use from the term “civil rights.” The general wording of § 940.05, including the use of the word “may” to clarify that the regranting of rights is not always automatic, coupled with the specific exclusionary language of Rule 9A of the Rules leads this Court to conclude that Florida has a practice of exempting firearm use from those civil rights restored to convicted felons....

...IV, § 8(a) (1968). Today, felons in Florida—including those with out-of-state and federal convictions—may petition the Clemency Board to have their civil rights restored after completing the carceral terms of their sentence. See Fla. Stat. § 940.05; Fla....

...IV, § 8(a) (1968). Today, felons in Florida—including those with out-of-state and federal convictions—may petition the Clemency Board to have their civil rights restored after completing the carceral terms of their sentence. See Fla. Stat. § 940.05; Fla....

...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.” Section 940.05, Florida Statutes (1985), provides in relevant part: "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 conviction if he has: (1) Received a full pardon by the board of pardons....” ....