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Date: 04-06-2020
Case Style:
RYAN AUSTIN POWERS vs STATE OF FLORIDA
Case Number: 19-2353
Judge: PER CURIAM
Court: IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
Plaintiff's Attorney: Ashley Moody, Attorney General,
Tallahassee, and Kaylee D.Tatman,
Assistant Attorney General, Daytona
Beach
Defendant's Attorney: James S. Purdy, Public Defender, and
Andrew Mich, Assistant Public Defender
Description:
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On November 6, 2018, Florida voters passed an amendment to the Florida
Constitution that restores voting rights to some convicted felons “upon completion of all
terms of sentence including parole or probation.” Art. VI, § 4(a), Fla. Const. Our supreme
court recently issued Advisory Opinion to Governor re Implementation of Amendment 4,
The Voting Restoration Amendment, 45 Fla. L. Weekly S10 (Fla. Jan. 16, 2020), which
held that the phrase “all terms” includes the repayment of all costs and fees associated
with a felon’s sentence.
Here, the trial court imposed the costs of Powers’s incarceration pursuant to
section 960.293(2)(b), Florida Statutes (2019), which provides that a defendant
incarcerated for a felony other than a capital or life felony is liable for incarceration costs
and other correctional costs, liquidated at $50 per day. In Powers’s case, his seven-year
imprisonment resulted in incarceration costs of $127,750
Outcome: It is clear that absent anyaction from the Florida Legislature or another constitutional amendment, Amendment 4will not truly serve to restore the eligibility of most felons to vote.
Plaintiff's Experts:
Defendant's Experts:
Comments: