Amendment 4 offers a path to voting for felons, but a bill would require payments first

Rodane Mickel Lamb already was a convicted felon when Alachua County detectives, after a long surveillance and multiple buys of up to a kilogram of cocaine, busted him in 2015, recovering drugs and guns. His conviction last year of racketeering, money laundering and drug trafficking came with a fine of $368,271.

It was the largest fine slapped on any convict last year in Alachua County, according to records from the Court Clerk's Office.

Few may care if he never gets his voting rights restored.

But most people convicted of felonies last year in Alachua County are not such hardened criminals. Charges include possession of small amounts of drugs, purse snatching and breaking into an unoccupied vehicle. Even so, attorney fees, court costs and fines typically total more than $600, based on an analysis of court records by The Gainesville Sun.

For someone rebuilding a life after a felony conviction, even $694 — the median amount owed to the court by convicts last year — may take a long time to pay.

Supporters of a bill in the Florida Legislature that will require payment in full before voting rights can be restored say it is following the language and intent of a constitutional amendment approved by voters in November 2018. Opponents say it is a political ploy reminiscent of Jim Crow tactics used after the Civil War.

Florida voters last year passed Amendment 4 to allow ex-felons, except for murderers and rapists, to have their voting rights restored once their sentence is complete.

At issue is whether the sentence ends when the prison doors open and parole and probation are served, or also when the fines and restitution ordered by judges is paid.

State Sen. Keith Perry, R-Gainesville, believes court-ordered restitution and fines must be paid before voting rights are restored. He supported the amendment during last year’s campaign.

“If someone comes and burns your house down and goes to jail for two years, they’ve paid their debt to society. But if they didn’t pay $200,000 in restitution to you, you as a victim haven’t been made whole,” Perry said. “This is court-ordered — you committed a crime, and part of your sentence has to be fulfilled. Anybody who doesn’t like it should have gotten with the (Amendment 4) group and had a different amendment.”

The Rev. Ron Rawls, who advocated for the amendment in Alachua County, said the legislature is politicizing an amendment that was crafted to avoid politics.

Rawls likened it to the poll taxes of post Civil War reconstruction, which kept blacks and poor whites off the voting rolls.

“This could be an opportunity for those who have made mistakes to get back involved. The majority of the voters — over 60% — want them to have that second chance, but we have politicians who have made it political,” Rawls said. “There are all kinds of ways to use legislation and laws to try to keep people in bondage. Even when people are given a second chance they are finding ways ... to keep them from having full rights as a citizen.”

The Florida House of Representatives Thursday approved the bill on a largely party-line vote — Republicans in favor and Democrats opposed. The Senate must approve the bill, which would become law if Gov. Ron DeSantis approves it.

The amendment summary that appeared on November ballots reads, “This amendment restores the voting rights of Floridians with felony convictions after they complete all terms of their sentence including parole or probation. The amendment would not apply to those convicted of murder or sexual offenses, who would continue to be permanently barred from voting unless the Governor and Cabinet vote to restore their voting rights on a case by case basis.”

Alachua County Elections Supervisor Kim Barton said in a guest column in The Sun on Jan. 9 that ex-felons are eligible when they settle the monetary part of their sentence along with the prison time. She estimated Alachua County has more than 10,000 ex-felons who could qualify.

“If someone is a convicted felon who has completed all portions of his or her sentence, including probation, parole and the payment of any associated restitution, then the new voter simply needs to check the box, as his or her rights were automatically restored,” Barton said.

But the process does not end with signing the registration forms at the election office or other locations.

Florida had a registration deadline of 29 days before an election in part to give the state Division of Elections time to verify that people who register are qualified.

TJ Pyche, elections outreach director, said a part of the verification related to ex-felons has been put on hold until the legislature decides the issue of restitution.

Pyche said it is likely that some ex-felons who registered at least a month before the March 19 Gainesville city elections voted in those races.

If the proposed bill passes, paying restitution and fines can be a steep climb for many ex-felons.

The Sun got data on the financial penalties imposed on the 3,401 people convicted of felonies in Alachua County last year. It’s likely that some — if not many — have not finished their incarceration.

But once they do, the cost of fines and restitution will be daunting for some.

Data reviewed by The Sun shows that 2,092 blacks and 1,303 whites were convicted of felonies, however the disparity in fines was not so great. The median fine for black convicts was $694, and $686 for white convicts — a difference of just $8, and due to a few convicts with large fines. Only 612 women were convicted of felonies.

That maximum of $368,271 is due by a black man. The highest amount due by a white man is $55,106. The highest amount due by a woman is $3,651.

Both sides agree a final decision in favor of requiring payment of restitution and fines won’t be the end of the issue. Court challenges are possible.

“I know that since February we’ve been contacting politicians and making appeals. It’s almost like the campaign. After this, I’m pretty sure there’s going to be some battle in the courts,” Rawls said.

Said Perry, “Certainly it could face a court challenge, anybody can bring a lawsuit.”