The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 944
STATE CORRECTIONAL SYSTEM

View Entire Chapter

F.S. 944.292

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.

F.S. 944.292 on Google Scholar

F.S. 944.292 on Casetext

Amendments to 944.292

Arrestable Offenses / Crimes under Fla. Stat. 944.292

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.292.

Annotations, Discussions, Cases:

Cases from cite.case.law:

HAND, v. SCOTT, s, 888 F.3d 1206 (11th Cir. 2018)

. . . . §§ 97.041, 944.292. It is these laws that are the core of the case before us. . . .

HAND, v. SCOTT, s, 315 F. Supp. 3d 1244 (N.D. Fla. 2018)

. . . . § 944.292(1) (emphasis added). Defendants acknowledge as much. . . . STAT. § 944.292(1), and the Florida Rules of Executive Clemency, violate the First and Fourteenth Amendments . . .

HAND, v. SCOTT, s, 285 F. Supp. 3d 1289 (N.D. Fla. 2018)

. . . . § 944.292(1). . . .

CALVIN, J. v. JEFFERSON COUNTY BOARD OF COMMISSIONERS,, 172 F. Supp. 3d 1292 (N.D. Fla. 2016)

. . . Florida has explicitly deprived the JCI inmates of their voting rights, • see § 944.292(1), Fla. . . .

FINFROCK, v. STATE, 932 So. 2d 437 (Fla. Dist. Ct. App. 2006)

. . . Section 944.292(1), Florida Statutes, states, “[u]pon conviction of a felony ... the civil rights of . . .

HENDERSON, v. V. CROSBY,, 883 So. 2d 847 (Fla. Dist. Ct. App. 2004)

. . . The trial court dismissed the action on the authority of section 944.292, Florida Statutes (1983), which . . . On appeal, we reversed, holding that section 944.292 was an unconstitutional violation of the access-to-courts . . .

P. SCHLENTHER, v. DEPARTMENT OF STATE, DIVISION OF LICENSING,, 743 So. 2d 536 (Fla. Dist. Ct. App. 1998)

. . . civil rights and firearm authority had been restored in Connecticut, appellee maintains that section 944.292 . . . provisions that appellee contends require appellant to have his civil rights restored in Florida are section 944.292 . . . Section 944.292(1), Florida Statutes (1995), provides that, upon conviction of a felony, a person’s civil . . .

In SUBER, 675 So. 2d 1021 (Fla. Dist. Ct. App. 1996)

. . . petition, the felony convictions occasioning the suspension of petitioner’s civil rights under section 944.292 . . .

K. SINGLETARY v. V. COSTELLO,, 665 So. 2d 1099 (Fla. Dist. Ct. App. 1996)

. . . Servs., 500 So.2d 674 (Fla. 3d DCA 1987); § 944.292, Fla.Stat. (1993). . . .

UNITED STATES v. H. OWENS, a k a, 15 F.3d 995 (11th Cir. 1994)

. . . Florida Statute § 944.292 provides that “[u]pon conviction of a felony ... the civil rights of the person . . .

LEONE, v. FLORIDA POWER CORPORATION GAB, 567 So. 2d 992 (Fla. Dist. Ct. App. 1990)

. . . a party shows good cause why the claim or petition should remain pending, [emphasis added] Section 944.292 . . . overpowering public necessity for the suspension [of access to court] can be shown, we find that Fla.Stat. § 944.292 . . .

BURKETT, v. STATE, 518 So. 2d 1363 (Fla. Dist. Ct. App. 1988)

. . . Section 944.292, Florida Statutes (1985), provides: Upon conviction of a felony as defined in s. 10, . . .

CALHOUN, s v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 500 So. 2d 674 (Fla. Dist. Ct. App. 1987)

. . . State, 195 So.2d 853 (Fla.1967); see also § 944.292, Fla.Stat. (1985). . . .

COLLINS a k a v. COTE A- a, 490 So. 2d 164 (Fla. Dist. Ct. App. 1986)

. . . We join with our sister courts in holding that Section 944.292, Florida Statutes (1983) is unconstitutional . . .

AIANI, v. E. BOORE,, 489 So. 2d 879 (Fla. Dist. Ct. App. 1986)

. . . probation, whose right to maintain a civil action in Florida’s courts was suspended pursuant to section 944.292 . . . Since that time, however, this court has held that section 944.292, Florida Statutes (1983), violates . . .

SABIN v. H. BUTTER,, 493 So. 2d 469 (Fla. Dist. Ct. App. 1986)

. . . We agree with the first and second districts that Florida’s so-called “civil death” statute, section 944.292 . . .

DINKENS, v. CIRCUIT COURT OF TENTH JUDICIAL CIRCUIT,, 489 So. 2d 46 (Fla. Dist. Ct. App. 1986)

. . . Buck, 454 So.2d 1079 (Fla. 2d DCA 1984), in which we held that section 944.292, Florida Statutes (1983 . . . In Lloyd, the first district did not challenge our interpretation of section 944.292, but found that . . .

McCUISTON, v. WANICKA,, 483 So. 2d 489 (Fla. Dist. Ct. App. 1986)

. . . Thus, Wanicka maintained, McCui-ston had been divested of his civil rights by virtue of section 944.292 . . . Statutes such as section 944.292 are commonly known as “civil death” statutes, from the common law notion . . . In the instant case, petitioner calls upon this court to revisit section 944.292 in light of a recent . . . “runs afoul of constitutional provisions guaranteeing access to the courts” and held section 944.292 . . . We agree with the decision in Lloyd and hold that section 944.292, Florida Statutes (1983), violates . . .

LLOYD, v. J. FARKASH,, 476 So. 2d 305 (Fla. Dist. Ct. App. 1985)

. . . . § 944.292 (1983) unconstitutionally infringes upon a convicted felon’s right of access to the courts . . . district court found there that the plaintiff’s right to maintain the action was barred by Fla.Stat. § 944.292 . . . Stat. § 944.292 does not convince us that our interpretation is at odds with legislative intent. . . . shall be suspended by conviction are the right to vote, hold public office, and serve on a jury. § 944.292 . . . Stat. § 944.292 (1983), insofar as it purports to deprive convicted felons of their right to bring civil . . .

WATTS, v. BUCK,, 454 So. 2d 1079 (Fla. Dist. Ct. App. 1984)

. . . right to maintain this particular action constitutes one of the civil rights suspended under section 944.292 . . . See § 944.292, Fla.Stat. (1975). Significantly, the current statute contains no such limitation. . . . Section 944.292, Florida Statutes (1983), provides: Suspension of civil rights. — Upon conviction of . . . Section 944.292, Florida Statutes (1975), provides: Suspension of civil rights. — Effective July 1, 1974 . . .

BRADBURY, v. L. WAINWRIGHT,, 718 F.2d 1538 (11th Cir. 1983)

. . . . § 944.292 (suspension of civil rights upon conviction of a felony). See Holden v. . . .

THOMPSON, v. STATE, 438 So. 2d 1005 (Fla. Dist. Ct. App. 1983)

. . . Defendant points out that while section 944.292, Florida Statutes (1981), provides for suspension of . . .

FRANCE, v. STATE, 436 So. 2d 428 (Fla. Dist. Ct. App. 1983)

. . . Williams contended on appeal that the civil rights suspended under section 944.292, Florida Statutes . . . Section 944.292 states: Upon conviction of a felony as defined in Section 10, Article X of the State . . .

WILLIAMS, Sr. v. STATE, 402 So. 2d 78 (Fla. Dist. Ct. App. 1981)

. . . Appellant argues that § 944.292, Florida Statutes (1979) provides that a felon’s “civil rights” shall . . .

HOLDEN v. FLORIDA DEPARTMENT OF CORRECTIONS,, 400 So. 2d 142 (Fla. Dist. Ct. App. 1981)

. . . adversely affect both prison security and Washington’s rehabilitation interests and because Section 944.292 . . . marriage would adversely affect prison security and Washington’s rehabilitation interests, Section 944.292 . . . Section 944.292 provides: Upon conviction of a felony as defined in Section 10, Article X of the State . . . Therefore, we reverse the final order to the extent that it holds that Section 944.292 automatically . . . extent the order finds appellant Washington’s right to marry is automatically suspended under Section 944.292 . . .

In ADVISORY OPINION OF GOVERNOR CIVIL RIGHTS, 306 So. 2d 520 (Fla. 1975)

. . . Section 28 of the Florida Correctional Reform Act creates Section 944.292 of the Florida Statutes to . . .