Florida clemency system on hot seat

Florida's case-bycase method of restoring rights for criminal ex-offenders continues to be the subject of widespread controversy

By Karsceal Turner / Florida Courier

Florida’s unfair clemency system continually punishes Florida citizens who have served their time. The system disproportionately affects Black Florida, since a sizeable percentage of convicted felons are black.

Florida has the highest number of legally disenfranchised voters in America. It is one of only seven states that does not automatically restore offender's rights, including the right to vote, to serve on juries, to legally bear arms, and to apply and receive state occupational licenses, upon release from prison. This ban has been written in the state constitution for 137 years.

The word 'clemency' refers to the lessening of the penalty of a crime without forgiving the crime itself. So the act of clemency is a reprieve. Today, pardons and reprieves are granted in many countries when individuals may have been wrongly convicted of a crime or have demonstrated that they have fulfilled their debt to society. A question that comes to mind: why is clemency necessary in Florida, when the has been completed? When does the punishment end? Currently, there are at least 50,000 people in Florida without basic rights under Florida's constitution, according to the Miami Herald. All have paid their debt to society.

Ex-offenders speak

An ex-felon who wished to be identified only as 'Smokey' has been trying to get his civil rights restored since his 1998 prison release. He served six years for drug possession and trafficking. He is trying to launch a cleaning service. "It's hell out here trying to find adequate work when you're an ex-felon. Most convicts try to go into business for themselves because our criminal records stick out like a sore thumb. Everyone shuns us. We did our bids for the crimes we committed. We are still being treated like felons. Without my civil rights restored, I can't even get the proper licenses I need to start my own business. It's almost like they want me to return to a life of crime," he said. Smokey continues: "I used to think my vote counted, but when I saw how the election went in 2000, I realized our votes mean absolutely nothing. I would rather have the licenses and certifications I need to do my thing legally, but they don't even want me to have that. I'm just trying to eat."

Tonya Gray, 34, was arrested in 1996. A plea agreement resulted in her getting probation. "When you do your time, you should have your rights restored automatically. It takes too long. I applied two years ago, but got arrested," Gray said. "The charges were dropped, but the board sent my papers back to me because of the arrest. I have to re-apply." Gray said what really upset her is the fact that she applied for clemency before her arrest, and had been waiting two years for a response. "They were quick to send my request back when they found out I had been arrested. Before I got arrested, I heard absolutely nothing. It didn't take them any time to find out I got arrested and send the papers back, but they dragged their feet for two years when I had no charges at all. The way the system is, it's like they punish you twice. They are afraid we're going to vote. They recognize that we see the elections for what they are…fixed," she said.

Gray talked about how difficult it is to be an ex-felon even after paying her debt to society. "I was interviewed three times by one employer and was one of the top candidates each time. Because of my record, I was denied employment three times. I'm not in jail anymore, but where can I go? What can I do?" "I'm gonna keep at it. It's important to vote. I need my civil rights back."