Lawmakers Push Back on Claims of a Poll Tax
March 29th, 2019 by Mike VasilindaA battle of words is raging in the state Capitol over the restoration of felons rights. The conflict is over what constitutes completing one’s sentence and statements made by the sponsors of rights restoration amendment to the Florida Supreme Court. As Mike Vasilinda tells us, the battle comes down to the definition of paying all fees and fines.
The Senate Criminal Justice committee has approved legislation requiring felons to pay all of their fees, fines and restitution before getting their right to vote back.
The committee agree with Sen. Jeff Brandes, R-St. Petersburg
“I believe that we must include, and this amendment does include restitution, fines, fees imposed as part of the sentence” Brandes told the committee.
Within hours, activists labeled the move a poll tax. Lawmakers responded by pointing they’re only doing what the man who wrote the ballot initiative, Legal expert Jon Mills, said to the Supreme Court in 2017.
“All matters. Anything that a judge puts in the sentence.”
So it would also include the full payment of any fines?” Asked Justice Ricky Polston.
“Yes sir“ replied Mills.
House sponsor James Grant (R-Tampa) says the legislature is taking Floridians for a Fair Democracy at their word.
“They explicitly and affirmatively said no it’s everything, quote, within the four corners of the document. Quote: fines and fees and probation, parole, restitution are all part of the sentence” Grant says.
But Legal scholar Mark Schlakman tells us that no matter what the group said where, its still not binding on lawmakers.
“The key is the language. And if you read the language strictly, it affords more discretion than the legislature is thus far taking” says the FSU law professor.
Desmond Meade was the driving force behind the ballot initiative. He calls the political maneuvering “heartbreaking”.
“There’s a partisan drum thats beating so loudlyIn their heads and it’s driving out the voices of the people, and that’s sad” says Meade. He plans to return to the Capitol next week to push lawmakers on the fee issue.
A study by the state parole board in 2011 found that felons whose rights were restored were far less likely to commit new crimes.
And legal experts also tell us that even if felons are not required to pay all fines and fees before getting their rights back, they would still owe the money and be legally obligated to pay it.
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