Advisory Opinion to the Governor Re: Implementation of Amendment 4, The Voting Restoration Amendment ( 2020 )

Supreme Court of Florida
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No. SC19-1341
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ADVISORY OPINION TO THE GOVERNOR RE: IMPLEMENTATION
OF AMENDMENT 4, THE VOTING RESTORATION AMENDMENT.
January 16, 2020
PER CURIAM.
By letter dated August 9, 2019, Governor Ron DeSantis requested the
opinion of the justices of this Court as to the interpretation of a portion of the
Florida Constitution upon a question affecting his executive powers and duties.
We have jurisdiction. See art. IV, § 1(c), Fla. Const.
Specifically, the Governor requests advice regarding the meaning of certain
language that was added to article VI, section 4 of the Florida Constitution by the
approval on November 6, 2018, of an initiative petition—commonly referred to as
“Amendment 4”—that restores the voting rights of certain convicted felons “upon
completion of all terms of sentence including parole or probation.” Art. VI, § 4(a),
Fla. Const. The Governor asks whether the phrase “all terms of sentence”
encompasses legal financial obligations (LFOs)—fines, restitution, costs, and
fees—ordered by the sentencing court. We answer in the affirmative, concluding
that “all terms of sentence” encompasses not just durational periods but also all
LFOs imposed in conjunction with an adjudication of guilt.
The Governor’s letter in relevant part states:
I request your interpretation of whether “completion of all terms of
sentence” encompasses financial obligations, such as fines, fees and
restitution (“legal financial obligations” or “LFOs”) imposed by the
court in the sentencing order.
Prior to Amendment 4’s placement on the ballot, this Court was
asked to determine whether the amendment met the legal
requirements under Florida’s Constitution. On March 6, 2017, during
a colloquy between the justices and Amendment 4’s sponsor,
Floridians for a Fair Democracy (“Sponsor”), this Court was assured
the Amendment presented a “fair question” and “clear explanation” to
voters. Transcript of Oral Argument at 2, Advisory Op. to the
Attorney General Re: Voting Restoration Amend., 215 So. 3d 1202
(Fla. 2017) (Nos. SC16-1785 and SC16-1981). Addressing a question
posed by Justice Polston as to whether “completion of [all] terms”
included “full payment of any fines,” the Sponsor responded, “Yes,
sir . . . All terms means all terms within the four corners.” Id. at 4.
Justice Lawson similarly asked, “You said that terms of sentence
includes fines and costs . . . that’s the way it’s generally pronounced
in criminal court, would it also include restitution when it was ordered
to the victim as part of the sentence?” Id. at 10. The Sponsor
answered, “Yes.” Id. Justice Pariente posited the inclusion of fees,
fines, and restitution as part of the completion of sentence “would
actually help the state because if fines, costs and restitution are a
requirement . . . for those that want to vote, there’s a big motivation to
pay unpaid costs, fines and restitution.” Id. at 11. Ultimately, the
Court found Amendment 4 clearly and unambiguously informed
voters the chief purpose of the proposed amendment was to
“automatically restore voting rights to felony offenders, except those
convicted of murder or felony sexual offenses, upon completion of all
terms of their sentence.” Advisory Op., 215 So. 3d at 1208 (emphasis
added).
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In alignment with the colloquy with the Florida Supreme Court,
after Amendment 4 was approved by voters, the ACLU of Florida,
League of Women Voters of Florida, LatinoJustice, and the Florida
Rights Restoration Coalition delivered a letter to former Secretary of
State Ken Detzner regarding implementation of Amendment 4.
Exhibit 1, December 13, 2018 Letter. In part, the letter explained,
The phrase “completion of all terms of sentence”
includes any period of incarceration, probation, parole
and financial obligations imposed as part of an
individual’s sentence. The financial obligations may
include restitution and fines, imposed as part of a
sentence or a condition of probation under existing
Florida statute. Fees not specifically identified as part of
a sentence or a condition of probation are therefore not
necessary for ‘completion of sentence’ and thus, do not
need to be paid before an individual may register. We
urge the Department to take this view in reviewing
eligibility of individuals registered to vote as outlined in
Chapter 98, Florida Statutes.
Ex. 1, p. 3 (emphasis added).
During the 2019 Legislative Session, legislators in both
chambers debated legislative implementation of Amendment 4.
Ultimately, both chambers passed CS/SB 7066 and, on June 28, 2019,
I signed it into law. See Ch. 2019-162, Laws of Fla. In relevant part,
chapter 2019-162, section 25, Laws of Florida, creating section
98.0751, Florida Statutes, provided guidance on restoration of voting
rights and determination of ineligibility pursuant to the amendment of
Article VI, section 4 of the Florida Constitution. Section 98.0751,
Florida Statutes, defines “[c]ompletion of all terms of sentence” as
“any portion of a sentence that is contained in the four corners of the
sentencing document.” § 98.0751(2)(a), Fla. Stat. (2019). The
Legislature provided five categories of terms included in the
sentencing document: . . . (5) full payment of LFOs ordered by the
court as part of the sentence. See § 98.0751(2)(a)l.-5., Fla. Stat.
(2019).
On June 15, 2019, Luis Mendez filed a complaint in the
Northern District of Florida seeking injunctive and declaratory relief
and mandamus challenging chapter 2019-162, Laws of Florida. In
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part, Mendez alleges chapter 2019-162, Laws of Florida, violates
Article VI, section 4 of the Florida Constitution because it adds
requirements for the restoration of voting rights above what was
prescribed in the Florida Constitution. Additional complaints were
filed by numerous plaintiffs, including organizations referenced
above, alleging provisions of chapter 2019-162, Laws of Florida
violate the First, Eighth, Fourteenth and Twenty-Fourth Amendments
of the United States Constitution. These challenges are only directed
at chapter 2019-162, Laws of Florida, and do not question the
constitutionality of Article VI, section 4 of the Florida Constitution.
Article IV, section 1(a) of the Florida Constitution prescribes
the supreme executive power shall be vested in the Governor, that he
“shall take care that the laws be faithfully executed” and “transact all
necessary business with the officers of government.” Article IV,
section 6 of the Florida Constitution places direct administration and
supervision of all functions of the executive branch, including the
Department of State, under the constitutional authority of the
Governor. See also § 20.02(3), Fla. Stat. (the administration of any
executive branch entity shall at all times be [“]under the constitutional
executive authority of the Governor”); § 20.10, Fla. Stat. (creating the
Department of State, headed by the Secretary of State who is
appointed by the Governor). Furthermore, the Secretary of State is
the chief elections officer with the responsibility to maintain
uniformity in the interpretation and implementation of voter
registration and election laws. See § 97.012, Fla. Stat.
....
I, as Governor of Florida, . . . want to ensure the proper
implementation of Article VI, section 4 of the Florida Constitution
and, if applicable, chapter 2019-162, Laws of Florida. This includes
the ability to direct the Department of State to fully implement Article
VI, section 4 of the Florida Constitution by determining whether a
convicted felon has completed all terms of their sentence, including
the satisfaction of LFOs. I will not infringe on the proper restoration
of an individual’s right to vote under the Florida Constitution.
Understanding there is ongoing litigation in federal court
challenging chapter 2019-162, Laws of Florida under the First,
Eighth, Fourteenth and Twenty-Fourth Amendments of the United
States Constitution, I do not ask this Court to address any issues
regarding chapter 2019-162, Laws of Florida or the United States
Constitution.
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Therefore, I respectfully request an opinion of the Justices of
the Supreme Court of Florida as to the question of whether
“completion of all terms of sentence” under Article VI, section 4 of
the Florida Constitution includes the satisfaction of all legal financial
obligations—namely fees, fines and restitution ordered by the court as
part of a felony sentence that would otherwise render a convicted
felon ineligible to vote.
Letter from Governor Ron DeSantis to Chief Justice Charles T. Canady dated
August 9, 2019, at 1-4 (some alterations in original) (footnote omitted).
After concluding that the Governor’s request was within the purview of
article IV, section 1(c) of the Florida Constitution, we agreed to exercise our
discretion to provide an advisory opinion. We also permitted interested parties to
file briefs and to present oral argument before the Court. See art. IV, § 1(c), Fla.
Const. 1 During oral argument, counsel for the Governor made clear that the
Governor requests advice solely as to the narrow question of whether the phrase
1. Timely initial briefs were submitted by the following: (1) Governor Ron
DeSantis; (2) The Florida Senate; and Bill Galvano, in his official capacity as
President of the Florida Senate; (3) The Florida House of Representatives; (4)
Secretary of State, Laurel M. Lee; (5) Adam Richardson; (6) Mark R. Schlakman,
joined by The Florida Association of Criminal Defense Lawyers; (7) Fair Elections
Center; (8) The American Civil Liberties Union Foundation of Florida, American
Civil Liberties Union Foundation, NAACP Legal Defense and Educational Fund,
Inc., Brennan Center for Justice at NYU School of Law, Florida State Conference
of Branches and Youth Units of the NAACP, Orange County Branch of the
NAACP, and League of Women Voters of Florida; (9) Jennifer LaVia and Carla
Laroche; and (10) Bonnie Raysor, Diane Sherrill, and Lee Hoffman.
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“all terms of sentence” includes LFOs ordered by the sentencing court. We answer
only that question.
The arguments presented by the interested parties generally fall into one of
two categories. On the one hand, the Governor, the Florida Senate, the Florida
House of Representatives, and the Secretary of State (collectively, the State
Parties) all argue that “all terms of sentence” includes all LFOs ordered by the
sentencing judge. They largely rely on plain language, case law, and the common
understanding of penalties imposed for criminal acts. On the other hand, the
remaining interested parties (collectively, the Non-State Parties) present varying
arguments against some or all LFOs being included within the scope of “all terms
of sentence.” Some Non-State Parties argue that “all terms of sentence” refers to
durational periods rather than to obligations and thus contemplates only periods of
imprisonment and supervised release. Others assume that “all terms of sentence”
refers to obligations including some LFOs, but they argue for the exclusion of
certain LFOs. These latter Non-State Parties focus on what they label as punitive
aspects of a sentence and on what they consider to be the technical components of
a criminal sentence.
The answer to the Governor’s question largely turns on whether “all terms of
sentence” encompasses all obligations or only durational periods. We conclude
that the phrase, when read and understood in context, plainly refers to obligations
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and includes “all”—not some—LFOs imposed in conjunction with an adjudication
of guilt. Before explaining our opinion, we briefly address our jurisdiction as well
as the Secretary of State’s concerns that the events leading up to the adoption of
Amendment 4 and the subsequent legal challenges to chapter 2019-162 amount to
a “bait and switch” attempt to amend our State’s governing document.
JURISDICTION
Article IV, section 1(c) of the Florida Constitution authorizes the Governor
to “request in writing the opinion of the justices of the supreme court as to the
interpretation of any portion of this constitution upon any question affecting the
governor’s executive powers and duties.” Upon receiving such a request, “the
justices shall determine whether the request is within the purview of article IV,
section 1(c).” Fla. R. App. P. 9.500(b). Here, we readily concluded that the
Governor’s question is answerable. In particular, the question affects the
Governor’s constitutional responsibility to “take care that the laws be faithfully
executed,” art. IV, § 1(a), Fla. Const., and the exercise of his clemency powers, art.
IV, § 8(a), Fla. Const.
Certain Non-State Parties nevertheless question our jurisdiction, but their
arguments are meritless. These Non-State Parties argue, for example, that it is
inappropriate for this Court to issue an advisory opinion on the constitutionality of
a statute and that the Governor in effect impermissibly seeks advice regarding the
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necessity or validity of chapter 2019-162 and the interpretation of its provisions.
But neither the existence of chapter 2019-162 nor the possibility that our advice
may touch upon that legislation precludes us from answering the Governor’s
question. Indeed, though the Governor’s request does not ask us directly to
address the constitutionality of chapter 2019-162, we note that this Court since
1968 2 has issued advisory opinions to the Governor addressing the validity of
legislation that affected his executive powers and duties. E.g., In re Advisory
Opinion of Governor Civil Rights, 306 So. 2d 520, 521-22 (Fla. 1975) (concluding
that the Florida Correctional Reform Act of 1974—an act that had already been
signed into law and that purported to reinstate the civil rights of convicted felons
under certain circumstances—“constitute[d] a clear infringement upon the
constitutional power of the Governor to restore civil rights”).3 In any event, given
the narrow question presented here, we need not address chapter 2019-162.
2. The 1968 Constitution for the first time permitted interested parties to be
heard in advisory opinion cases. See In re Advisory Opinion to Governor, 243 So.
2d 573, 576 (Fla. 1971) (examining the constitutionality of a proposed corporate
income tax and recognizing that “Section 1(c), Article IV, Constitution of 1968,
enlarged to some extent the power of this Court to be of assistance”); Opinion to
the Governor, 239 So. 2d 1, 8 (Fla. 1970) (examining the constitutionality of the
1970 General Appropriations Act and recognizing that it was “noteworthy that in
the 1968 constitutional revision, authority and direction were given this Court to
permit interested persons to be heard”).
3. Civil Rights reiterated this Court’s long-held view “that the power of
pardon is reposed exclusively in the . . . executive” and is not to be infringed upon
by the other branches. 306 So. 2d at 522; see also Sullivan v. Askew, 348 So. 2d
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These Non-State Parties additionally argue among other things that the
Governor’s request impermissibly concerns the duties of his subordinates rather
than his sole authority. But in Advisory Opinion to Governor—1996 Amendment 5
(Everglades), 706 So. 2d 278, 280-81 (Fla. 1997), this Court’s conclusion that the
question there fell “within the purview of article IV, section 1(c)” was based in part
on the fact that the constitutional amendment at issue directly affected the
Governor’s constitutional duty to faithfully execute the laws, including the duty to
provide certain agencies “with direction as to their enforcement responsibilities.”
Here, the Governor’s question about the meaning of Amendment 4 similarly
affects among other things his general constitutional duties, including the duty to
provide the Department of State with necessary direction regarding the
implementation of voter registration laws.
The Governor’s request satisfies the requirements of article IV, section 1(c).
AMENDMENT 4—BACKGROUND
Prior to Amendment 4’s adoption, article VI, section 4(a) of the Florida
Constitution permanently disenfranchised all felons absent a grant of executive
clemency. See Richardson v. Ramirez, 418 U.S. 24, 54 (1974) (“[T]he exclusion
312, 315 (Fla. 1977) (noting that article IV, section 8 of the Florida Constitution
“vest[ed] sole, unrestricted, unlimited discretion exclusively in the executive” in
restoring civil rights).
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of felons from the vote has an affirmative sanction in § 2 of the Fourteenth
Amendment . . . .”). The text of Amendment 4, which amended article VI, section
4, provided in pertinent part:
Article VI, Section 4. Disqualifications.—
(a) No person convicted of a felony, or adjudicated in this or any other
state to be mentally incompetent, shall be qualified to vote or hold
office until restoration of civil rights or removal of disability. Except
as provided in subsection (b) of this section, any disqualification from
voting arising from a felony conviction shall terminate and voting
rights shall be restored upon completion of all terms of sentence
including parole or probation.
(b) No person convicted of murder or a felony sexual offense shall be
qualified to vote until restoration of civil rights.
In 2016—two years before the voters approved Amendment 4—this Court
was asked by the Attorney General whether Amendment 4 met the legal
requirements for placement on the ballot. Advisory Op. to Att’y Gen. re Voting
Restoration Amendment, 215 So. 3d 1202 (Fla. 2017). This Court unanimously
answered in the affirmative. Id. at 1209. In its brief to this Court arguing in
support of Amendment 4 being placed on the ballot, Amendment 4’s sponsor,
Floridians for a Fair Democracy (the Sponsor), asserted: “Specifically, the drafters
intend that individuals with felony convictions, excluding those convicted of
murder or a felony sexual offense, will automatically regain their right to vote
upon fulfillment of all obligations imposed under their criminal sentence.” Initial
Brief of Sponsor at 2, Advisory Op. to Att’y Gen. re Voting Restoration
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Amendment, 215 So. 3d 1202 (Fla. 2017) (Nos. SC16-1785 & SC16-1981)
(emphasis added). In other words, the Sponsor intended that “all terms” refer to
obligations, not durational periods. No briefs were submitted in opposition to
Amendment 4.
Oral argument in that case took place on March 6, 2017. During the oral
argument, counsel for the Sponsor stated—consistent with the Sponsor’s brief—
that the operative language in Amendment 4 “means all matters—anything that a
judge puts into a sentence.” As noted in the Governor’s letter, that oral argument
involved discussion of LFOs—including fines, costs, and restitution—as well as
the process for confirming payment of LFOs. Counsel for the Sponsor summed up
by reiterating that Amendment 4 was intended to be “a restoration of voting rights
under these specific conditions.” It is beyond dispute that the Sponsor expressed
the intention that “all terms of sentence” include all LFOs ordered by the
sentencing judge.
As the Secretary notes here, the Sponsor advertised a similar message to the
voting public via its “Paid Political Advertisement” website. See Initial Brief of
Secretary of State at 7, and App. at 33-68. Among other things, the website states
in bold-italicized text that “Amendment 4 restores the eligibility to vote to people
with past felony convictions who fully complete their entire sentence – including
any probation, parole, and restitution – before earning back the eligibility to vote.”
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As the Secretary also notes, similar messages were disseminated by some of
the very same nonprofit organizations that are currently involved in the lawsuits
challenging chapter 2019-162 and that now argue to this Court that “all terms of
sentence” simply refers to durational periods. See Initial Brief of Secretary at 9.
For example, the American Civil Liberties Union Foundation of Florida (ACLU of
Florida) in its 2018 voter guide informed voters that Amendment 4 “includ[ed] any
probation, parole, fines, or restitution.” See id. at 7, and App. at 69. Indeed, the
ACLU of Florida and other organizations along with the Sponsor spread a
consistent message before and after Amendment 4’s adoption. As noted in the
Governor’s letter, the signatories of the December 2018 letter to then-Secretary
Detzner asserting in part that Amendment 4 required payment of “financial
obligations imposed as part of an individual’s sentence” included the ACLU of
Florida as well as Florida Rights Restoration Coalition, the organization that,
according to the Secretary, created the Sponsor.4
Although the representations to this Court and to the public close the door on
any credible suggestion that “all terms of sentence” was intended by the Sponsor to
refer only to durational periods, we need not address whether Amendment 4
4. In a subsequent March 2019 letter to current Secretary Lee, those same
organizations and others identified themselves as the “organizations that led the
effort to pass Amendment 4.” See Initial Brief of Governor at 5, and App. at 8, 12.
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involved a “bait and switch” attempt to amend our State’s constitution. Indeed, our
opinion is based not on the Sponsor’s subjective intent or campaign statements, but
rather on the objective meaning of the constitutional text. The language at issue,
read in context, has an unambiguous “ordinary meaning” that the voters “would
most likely understand,” Everglades, 706 So. 2d at 283, to encompass obligations
including LFOs. The Sponsor’s expressed intent and campaign statements simply
are consistent with that ordinary meaning that would have been understood by the
voters.
ANALYSIS
The Governor asks whether the phrase “all terms of sentence,” as used in
article VI, section 4, encompasses LFOs imposed by the sentencing court. The
interpretation of a constitutional provision involves “a question of law.” Crist v.
Fla. Ass’n of Criminal Def. Lawyers, Inc. (FACDL), 978 So. 2d 134, 139 (Fla.
2008). In interpreting constitutional language, “this Court follows principles
parallel to those of statutory interpretation. First and foremost, this Court must
examine the actual language used in the Constitution. If that language is clear,
unambiguous, and addresses the matter in issue,” then our task is at an end.
Graham v. Haridopolos, 108 So. 3d 597, 603 (Fla. 2013) (quoting FACDL, 978
So. 2d at 139-40).
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But this Court has sometimes suggested that the first step in construing a
constitutional provision may involve something other than determining the
objective meaning of the text. See, e.g., Williams v. Smith, 360 So. 2d 417, 419
(Fla. 1978) (“In construing the Constitution, we first seek to ascertain the intent of
the framers and voters, and to interpret the provision before us in the way that will
best fulfill that intent.”). We believe that such statements can be misleading
because they may be understood to shift the focus of interpretation from the text
and its context to extraneous considerations. And such extraneous considerations
can result in the judicial imposition of meaning that the text cannot bear, either
through expansion or contraction of the meaning carried by the text. We therefore
adhere to the “supremacy-of-text principle”: “The words of a governing text are of
paramount concern, and what they convey, in their context, is what the text
means.” Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of
Legal Texts 56 (2012).
We also adhere to the view expressed long ago by Justice Joseph Story
concerning the interpretation of constitutional texts (a view equally applicable to
other texts): “[E]very word employed in the constitution is to be expounded in its
plain, obvious, and common sense, unless the context furnishes some ground to
control, qualify, or enlarge it.” Joseph Story, Commentaries on the Constitution of
the United States 157-58 (1833), quoted in Scalia & Garner, Reading Law at 69.
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This Court in construing constitutional language approved by the voters
often “looks to dictionary definitions of the terms because we recognize that, ‘in
general, a dictionary may provide the popular and common-sense meaning of
terms presented to the voters.’ ” Advisory Op. to Att’y Gen. re Use of Marijuana
for Certain Med. Conditions, 132 So. 3d 786, 800 (Fla. 2014) (quoting Everglades,
706 So. 2d at 282). The dictionary meaning of the word “terms,” when viewed in
isolation, can refer either to multiple durational periods or to multiple obligations
or conditions. See The American Heritage Dictionary 1796 (5th ed. 2011)
(defining “term” as “[a] limited or established period of time that something is
supposed to last, as . . . a prison sentence”; and as “a condition”).
But the fact that the word “terms” itself can carry different meanings does
not render the phrase “all terms of sentence,” as used in Amendment 4, susceptible
to more than one natural reading. See Smith v. United States, 508 U.S. 223, 233
(1993) (“[A] single word cannot be read in isolation . . . .”). As the Supreme Court
has explained, “[I]t is a ‘fundamental principle of statutory construction (and,
indeed, of language itself) that the meaning of a word cannot be determined in
isolation, but must be drawn from the context in which it is used.’ ” Textron
Lycoming Reciprocating Engine Div., Avco Corp. v. United Auto., Aerospace,
Agric. Implement Workers of Am., Int’l Union, 523 U.S. 653, 657 (1998) (quoting
Deal v. United States, 508 U.S. 129, 132 (1993)). And when viewed in context,
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“all terms of sentence” has only one natural reading—one that refers to all
obligations, not just durational periods.
As the Governor and others correctly note, Amendment 4 refers to the voting
disqualification arising from “a felony conviction” and later refers to “all terms of”
the singular “sentence” resulting from that singular conviction. See art. VI, § 4(a),
Fla. Const. We know from its explicit reference to “parole or probation” that
Amendment 4 uses the term “sentence” to designate more than just imprisonment.
And an overall “sentence”—as that word is used in Amendment 4—is naturally
viewed as having only one durational term rather than multiple durational terms.
For example, in Ramirez, in which the Supreme Court concluded that the
Fourteenth Amendment affirmatively authorizes felon disenfranchisement, the
Court despite referring collectively to the respondents’ “terms of incarceration and
parole,” 418 U.S. at 34, referred in the singular to an individual felon having
“completed the serving of his term,” 418 U.S. at 55; see also id. at 56-57
(Marshall, J., dissenting) (“Each of the respondents . . . had fully served his term of
incarceration and parole.”). It would be entirely unnatural, of course, to say that a
felon convicted of a singular felony had “completed the serving of his terms” when
the time of his incarceration and parole had been completed. Although a singular,
overall “sentence” naturally has only one durational term (albeit sometimes with
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distinct components), it can have multiple conditions or obligations—i.e., “terms.”
Indeed, that is the only natural reading of “all terms of sentence.”
Certain Non-State Parties advance various arguments for why we should in
fact read the words “all terms” to refer solely to durational periods. We are not
persuaded by their arguments.
At first blush, the strongest argument advanced by these Non-State Parties is
a contextual one. They note that Amendment 4 does not expressly mention LFOs
but does mention “parole or probation,” which are forms of supervised release that,
like incarceration, can each be said to have a durational “term.” They thus argue
that those two forms of supervised release provide an “illustrative list” to guide this
Court “in [its] interpretation of” Amendment 4. White v. Mederi Caretenders
Visiting Servs. of Se. Fla., LLC, 226 So. 3d 774, 784 (Fla. 2017). This line of
reasoning, however, is ultimately premised upon two canons of construction that
do not apply in this context.
First, under the expressio unius est exclusio alterius canon, “the mention of
one thing implies the exclusion of another.” Id. at 781. But this Court has noted
that “[g]enerally, it is improper to apply expressio unius to a statute in which the
Legislature used the word ‘include,’ ” as that is “a word of expansion, not one of
limitation.” Id. Here, the phrase “parole or probation” comes immediately after
the word “including.”
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Second, under the ejusdem generis canon, “where general words or phrases
follow an enumeration of specific words or phrases, ‘the general words are
construed as applying to the same kind or class as those that are specifically
mentioned.’ ” Marijuana for Certain Med. Conditions, 132 So. 3d at 801 (quoting
Fayad v. Clarendon Nat’l Ins. Co., 899 So. 2d 1082, 1088-89 (Fla. 2005)).
Application of the canon thus requires that the enumeration of specifics precede
the general words. But Amendment 4 involves the exact opposite: the specific
words (“parole or probation”) follow the general words (“all terms”).
A glaring problem with the arguments advanced by these Non-State Parties
is that their preferred reading of Amendment 4 effectively renders superfluous the
words “all terms of” in the constitutional text. These Non-State Parties interpret
Amendment 4 as if it had omitted the words “all terms of” and simply read: “upon
completion of sentence including parole or probation.” The words “all terms of”
serve no meaningful purpose under the reading advanced by these Non-State
Parties. This Court, of course, ordinarily avoids interpretations that “render any
language superfluous.” Dep’t of Envtl. Prot. v. Millender, 666 So. 2d 882, 886
(Fla. 1996). Indeed, just as we do not “add words” to a constitutional provision,
we are similarly “not at liberty to . . . ignore words that were expressly placed there
at the time of adoption of the provision.” Pleus v. Crist, 14 So. 3d 941, 945 (Fla.
2009).
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In the end, Amendment 4 was not drafted to require completion of “the term
of sentence including parole or probation.” Nor was it drafted to require
completion of “all terms of . . . incarceration, probation, and parole.” Johnson v.
Governor of State of Fla., 405 F.3d 1214, 1216 (11th Cir. 2005) (describing the
status of members of plaintiff class in that case). Amendment 4 was drafted to
require completion of “all terms of sentence.” Art. VI, § 4(a), Fla. Const. That
language—which appears to be new to Florida jurisprudence—has only one
natural reading.
Perhaps not coincidentally, certain courts—in the specific context of
rejecting various challenges to re-enfranchisement schemes that require payment of
certain LFOs—have used language similar to “all terms of sentence” to refer to
obligations. These cases further undercut the argument that Amendment 4 refers
only to durational periods. They demonstrate that phrases such as “all terms of
sentence” are naturally understood to encompass more than durational periods.
Most notably, the Supreme Court of Washington used nearly identical
language to that at issue here in upholding against certain attacks a re-
enfranchisement scheme that required a felon to complete “all requirements of the
sentence, including any and all legal financial obligations.” Madison v.
Washington, 163 P.3d 757, 763 (Wash. 2007) (quoting Wash. Rev. Code
9.94A.637(1)(a) (2004)). The LFO requirement there specifically included costs
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and fees. Id. at 761 n.1. In describing the respondents who were suing to have
their voting rights restored, the court noted that each “has satisfied all of the terms
of his sentence, with the exception of full payment of his LFOs.” Id. at 762
(emphasis added); see also State v. Donaghe, 256 P.3d 1171, 1178 (Wash. 2011)
(“In Madison . . . , we upheld the disenfranchisement of felons who have satisfied
the terms of their sentences, except for paying legal financial obligations.”).
Madison’s reference to “all of the terms of” a singular, overall “sentence” refers to
requirements or obligations in addition to durational periods. 163 P.3d at 762.
Two Circuit Courts of Appeals have used somewhat similar language in a
related context. See Johnson v. Bredesen, 624 F.3d 742, 745, 749 (6th Cir. 2010)
(rejecting certain challenges to Tennessee’s re-enfranchisement scheme that
required felons to among other things have paid all restitution, and describing
Madison as having upheld “a statute conditioning re-enfranchisement on
completion of all terms of felons’ sentences, including full payment of their
financial legal obligations”); Harvey v. Brewer, 605 F.3d 1067, 1070, 1079 (9th
Cir. 2010) (rejecting certain challenges to Arizona’s re-enfranchisement scheme
that required felons to among other things have paid all fines and restitution, and
concluding that the state had “a rational basis for restoring voting rights only to
those felons who have completed the terms of their sentences, which includes the
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payment of any fines or restitution orders”—that is, “only those who have satisfied
their debts to society through fulfilling the terms of a criminal sentence”).
The similar language used by these courts—all in the specific context of
felon re-enfranchisement—underscores that the phrase “all terms of sentence”
naturally encompasses obligations. Indeed, in the unrelated context of lawyer
discipline, the Supreme Court of South Carolina used a similar phrase in a similar
manner. See In re Allmon, 753 S.E.2d 544, 545 (S.C. 2014) (“Respondent shall
complete all terms of his criminal sentence, including payment of restitution and
completion of probation, prior to filing a Petition for Reinstatement.”).
We conclude that “all terms of sentence” plainly encompasses not only
durational terms but also obligations and therefore includes all LFOs imposed in
conjunction with an adjudication of guilt. As explained next, we reject as overly
technical the arguments advanced by certain Non-State Parties that Amendment 4
encompasses only some LFOs.
One Non-State Party argues that costs and fees are categorically excluded
from “all terms of sentence” because those LFOs do not bear any of the hallmarks
of a “sentence.” Another Non-State Party argues that Amendment 4 includes only
those LFOs mentioned in Florida Rule of Criminal Procedure 3.986(d) (Form for
Sentencing) and excludes all LFOs listed in any of rule 3.986’s other forms (e.g.,
Form for Restitution Order (rule 3.986(g)). But these Non-State Parties improperly
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view the phrase “all terms of sentence” as a term of art that turns on a nuanced
legal analysis of the word “sentence.” Indeed, their attempts to isolate and parse
the word “sentence” to carve out certain LFOs improperly interprets that word “in
a technical sense” absent any “suggest[ion]” in the text of Amendment 4 that the
word was to be given something other than its “most usual and obvious meaning.”
Wilson v. Crews, 34 So. 2d 114, 118 (Fla. 1948) (quoting City of Jacksonville v.
Glidden Co., 169 So. 216, 217 (Fla. 1936)). These opponents also implausibly
suggest that the voters who adopted Amendment 4 would have understood the
comprehensive phrase “all terms” to include only those terms that courts deem
“punitive.” Here, “the natural and popular meaning in which,” id., the voters
would understand the broad phrase “all terms of sentence” is that it includes all
obligations imposed in conjunction with an adjudication of guilt.
The word “sentence” is not defined in the Florida Constitution or seemingly
anywhere in the Florida Statutes. But the word is defined in various dictionaries.
See, e.g., Sentence, Black’s Law Dictionary 1569 (10th ed. 2014) (“The judgment
that a court formally pronounces after finding a criminal defendant guilty; the
punishment imposed on a criminal wrongdoer”). The word is also defined in
Florida Rule of Criminal Procedure 3.700(a) to mean “the pronouncement by the
court of the penalty imposed on a defendant for the offense of which the defendant
has been adjudged guilty.” Rule 3.701(b)(2) later explains that punishment is the
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“primary” but not the sole “purpose of sentencing.” That rule also uses the words
“penalty” and “sanction.” Fla. R. Crim. P. 3.701(b)(3)-(4).
As one example of why the word “sentence” cannot be construed in an
overly technical fashion here, Amendment 4 expressly includes “parole” within its
scope, and yet courts have explicitly or implicitly distinguished parole from a
“sentence.” E.g., Ramirez, 418 U.S. at 26 (noting that the respondents had
“completed the service of their respective sentences and paroles”). It is for a
similar reason—among many others—that the answer to the Governor’s question
cannot be limited to any one form set forth in rule 3.986. Indeed, parole cannot be
captured by any of those forms. Parole, of course, is granted, and its terms set, by
the Florida Commission on Offender Review, not by a sentencing judge. See
generally chs. 947-49, Fla. Stat. (2019). In other words, parole is not
“pronounce[d] by the court.” Fla. R. Crim. P. 3.700(a).
Amendment 4 thus uses the word “sentence” in its plain, common sense.
And it does so in the context of the broad phrase “all terms of sentence.” Absent
any suggestion in the context of Amendment 4 that the word “sentence” carries a
technical meaning restricting its scope, there is no basis to conclude that “all terms
of sentence” excludes any LFOs ordered by the sentencing judge. Indeed, an
abundance of statutory and case law supports the conclusion that fines, restitution,
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and fees and costs all comfortably fit within the ordinary meaning of “all terms of
sentence.”
Beginning with restitution, this Court has referred to that obligation as part
of a “sentence,” and even as “punishment.” See, e.g., Noel v. State, 191 So. 3d
370, 375 (Fla. 2016) (“The ‘purpose of restitution is not only to compensate the
victim, but also to serve the rehabilitative, deterrent, and retributive goals of the
criminal justice system.’ ” (quoting State v. Hawthorne, 573 So. 2d 330, 333 (Fla.
1991))); Kirby v. State, 863 So. 2d 238, 244 (Fla. 2003) (recognizing “the trial
court’s statutory obligation to impose restitution as part of the criminal sanction”);
Glaubius v. State, 688 So. 2d 913, 914 (Fla. 1997) (“As part of his sentence, he
was also ordered to pay restitution to Beall’s.”); State v. Champe, 373 So. 2d 874,
880 (Fla. 1978) (“Punishment in the form of restitution is not a novel
concept . . . .”). Indeed, the Supreme Court itself has noted that “[s]entencing
courts are required to impose restitution as part of the sentence for specified
crimes.” Manrique v. United States, 137 S. Ct. 1266, 1270 (2017). Certain
legislative enactments also support including restitution within the meaning of “all
terms of sentence.” See, e.g., § 812.15(7), Fla. Stat. (2019) (“The court shall, in
addition to any other sentence authorized by law, sentence a person convicted of
violating this section to make restitution as authorized by law.”); § 921.0026(2)(e),
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Fla. Stat. (2019) (authorizing downward departure sentences if “[t]he need for
payment of restitution to the victim outweighs the need for a prison sentence”).
An analysis of fines looks remarkably similar. Indeed, this Court has
referred to fines as part of a “sentence.” E.g., Morganti v. State, 573 So. 2d 820,
821 (Fla. 1991) (“A lawful sentence may comprise several penalties, such as
incarceration, probation, and a fine.”); see id. (“[A] sentence of five and one-half
years’ incarceration, eighteen months’ probation, and a $10,000 fine is clearly not
a more severe sentence than fifteen years’ incarceration.”). So, too, has the
Supreme Court. See S. Union Co. v. United States, 567 U.S. 343, 349-50 (2012)
(observing that criminal fines “undeniably” fall within the purview of a
“sentence”). And, again, certain legislative enactments support including fines
within the ordinary meaning of “all terms of sentence.” See, e.g., § 775.083(1),
Fla. Stat. (2019) (“A person who has been convicted of an offense other than a
capital felony may be sentenced to pay a fine in addition to any punishment
described in s. 775.082 . . . .”).
Lastly, although fees and costs can reasonably be said to differ in many
respects from restitution and fines, various court pronouncements and statutory
provisions similarly support including them within the scope of Amendment 4’s
phrase “all terms of sentence.” See, e.g., Osterhoudt v. State, 214 So. 3d 550, 551
(Fla. 2017) (“[T]rial courts must individually pronounce discretionary fees, costs,
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and fines during a sentencing hearing to comply with due process requirements.”);
Rollman v. State, 887 So. 2d 1233, 1234 (Fla. 2004) (“[T]he same sentencing judge
pronounced Rollman’s sentence, which imposed ten years in prison, ten years of
probation, and the payment of restitution and court costs.”); Bassett v. State, 23 So.
3d 236, 236 (Fla. 2d DCA 2009) (“Bassett was sentenced to five years’ prison to
be followed by five years’ probation. As part of his sentence he was ordered to
pay certain costs and fees.”); § 27.52(1)(b)1., Fla. Stat. (2019) (authorizing the
court to “[a]ssess the application fee [for the appointment of a public defender] as
part of the sentence”); § 435.07(1)(b), Fla. Stat. (2019) (referring to “any fee, fine,
fund, lien, civil judgment, application, costs of prosecution, trust, or restitution”
ordered by the court “as part of the judgment and sentence”); § 633.107(1), Fla.
Stat. (2019) (similar).
This Court’s decision in Jackson v. State, 983 So. 2d 562 (Fla. 2008), is
instructive. Jackson among other things clarified the definition of a “sentencing
error” for purposes of Florida Rule of Criminal Procedure 3.800(b). After noting
that the commentary to rule 3.800 technically distinguished “orders of probation,
orders of community control, [and] cost and restitution orders” from “the sentence
itself,” 983 So. 2d at 572 (quoting Fla. R. Crim. P. 3.800 court cmt.), Jackson
construed “a defendant’s sentence” to encompass the various “orders entered as a
result of the sentencing process”—i.e., those “related to the ultimate sanctions
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imposed, whether involving incarceration, conditions of probation, or costs,” id. at
572-73; see also Kirby, 863 So. 2d at 244 (referring to “the trial court’s statutory
obligation to impose restitution as part of the criminal sanction”).
Amendment 4’s use of the broad phrase “all terms of sentence” can only
reasonably be understood to similarly encompass “the ultimate sanctions
imposed,” including “costs.” Jackson, 983 So. 2d at 573. Or in the words of the
Sponsor’s counsel, the phrase encompasses “all obligations” or “all matters.”
CONCLUSION
We answer Governor DeSantis’s question by stating that it is our opinion
that the phrase “all terms of sentence,” as used in article VI, section 4, has an
ordinary meaning that the voters would have understood to refer not only to
durational periods but also to all LFOs imposed in conjunction with an
adjudication of guilt. We express no opinion on any question other than the
narrow one presented to us.
It is so ordered.
CANADY, C.J., and POLSTON, LAWSON, and MUÑIZ, JJ., concur.
LABARGA, J., concurs in result and dissents in part with an opinion.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND,
IF FILED, DETERMINED.
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LABARGA, J., concurring in result and dissenting in part.
I concur with the majority’s ultimate decision that the phrase “all terms of
sentence,” as used in article VI, section 4 (Amendment 4), encompasses all “legal
financial obligations” (LFOs) imposed by the sentencing judge. I do not concur,
however, with the majority’s conclusion that the phrase “all terms of sentence,” as
used in Amendment 4, “has an ordinary meaning that the voters would have
understood” to include LFOs. Nor do I concur with the majority’s strict adherence
to the application of the theory referred to as the “supremacy-of-text principle” to
the exclusion of available extrinsic evidence that would assist the Court in
elucidating the meaning of the text in question.
According to the majority, it adheres to the “supremacy-of-text principle”:
“The words of a governing text are of paramount concern, and what they convey in
this context, is what the text means.” Majority op. at 14 (quoting Antonin Scalia &
Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 56 (2012)).
Context is the operative word of this theory. As explained by Justice Scalia in his
dissent in King v. Burwell, 135 S. Ct. 2480, 2497 (2015), “[S]ound interpretation
requires paying attention to the whole law, not homing in on isolated words or
even isolated sections. Context always matters.” As noted by the majority, the
discussion of this approach to interpretation of constitutional texts, later coined
“textualism,” dates back to as early as the 1800s when Justice Joseph Story, who
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served on the United States Supreme Court from 1812 to 1845, emphasized that in
interpreting the Constitution, every word must be afforded its “plain, obvious, and
common sense” meaning, “unless the text furnishes some ground to control,
qualify, or enlarge it.” Majority op. at 14. Since that time, textualism has been
advocated by justices such as Hugo Black and, in recent history, Antonin Scalia, an
ardent supporter of the theory. To be sure, it is a sound theory of interpretation
which, in most instances, proves to be determinative. My concern is with its strict
disapproval of consideration of extrinsic sources which, in some instances, such as
in this case, prove to be not only helpful, but dispositive.
The problem usually arises when the constitutional language in question is
uncertain. In such situations, the majority suggests referring to dictionary
definitions because “in general, a dictionary may provide the popular and
common-sense meaning of terms presented to the voters.” Majority op. at 15
(quoting In re Advisory Op. to Atty. Gen., 132 So. 3d 786, 800 (Fla. 2014)). As
more fully discussed below, in many instances it is not that simple.
Indeed, this Court has considered other avenues to construe a constitutional
provision when the text is unclear or ambiguous. One such avenue is to seek to
ascertain the intent of the framers and voters, an approach which, as discussed
later, proved to be not only helpful, but determinative in this case.
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This Court has long observed that “[t]he fundamental object to be sought in
construing a constitutional provision is to ascertain the intent of the framers and the
provision must be construed or interpreted in such manner as to fulfill the intent of
the people, never to defeat it. Such a provision must never be construed in such
manner as to make it possible for the will of the people to be frustrated or denied.”
Gray v. Bryant, 125 So. 2d 846, 852 (Fla. 1960); see also In re Senate Joint
Resolution of Legislative Apportionment 1176, 83 So. 3d 597, 599 (Fla. 2012)
(“When interpreting constitutional provisions, this Court endeavors to ascertain the
will of the people in passing the amendment.”); Zingale v. Powell, 885 So. 2d 277,
282 (Fla. 2004) (“[T]his Court endeavors to construe a constitutional provision
consistent with the intent of the framers and the voters.” (quoting Carib. Conserv.
Corp. v. Fla. Fish & Wildlife Conserv. Comm’n, 838 So. 2d 492, 501 (Fla. 2003)));
Williams v. Smith, 360 So. 2d 417, 419 (Fla. 1978) (“[I]n construing the
Constitution, we first seek to ascertain the intent of the framers and voters, and to
interpret the provision before us in the way that will best fulfill that intent.”).
In taking issue with this consistently applied approach, the majority contends
“that such [extraneous considerations] can be misleading because they may be
misunderstood to shift the focus of interpretation from the text and its context to
such extraneous considerations. And such extraneous considerations can result in
the judicial imposition of meaning that the text cannot bear, either through
- 30 -
expansion or contraction of the meaning carried by the text.” Majority op. at 14.
Thus, according to the majority’s approach, clear and unambiguous extrinsic
evidence of the true intent of the framers and voters, such as the evidence available
in this case, must be disregarded. I respectfully disagree.
Textualist abhorrence of consideration of the intent of the framers of a
constitutional or statutory provision has been persistently and stubbornly present
throughout the theory’s history. Justice Oliver Wendell Holmes, for instance, was
quite explicit on the question of intent: “[W]e ask, not what this man meant, but
what those words would mean in the mouth of a normal speaker of English, using
them in the circumstances in which they were used . . . . We do not inquire what
the legislature meant; we ask only what the statute means.” Oliver Wendell
Holmes, The Theory of Legal Interpretation, 12 Harv. L. Rev. 417-19 (1899).
I agree with the majority that the lodestar of constitutional and statutory
interpretation should be, in the first instance, the application of the words of the
governing text read in context. However, the analysis should provide some
allowance for consideration of the intent of the framers and voters in instances
where it will assist in elucidating the meaning of the text in question.
The majority opinion in this case extensively refers to reliable and
unambiguous extrinsic evidence that is dispositive of any question concerning
whether the phrase “all terms of sentence” encompasses all LFOs imposed by the
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sentencing judge. Nevertheless, in strict adherence to the “supremacy-of-text
principle,” the majority has chosen to disregard this revealing and helpful extrinsic
evidence and rely strictly on its interpretation of the meaning of “all terms of
sentence.”
The majority opened its opinion with Governor DeSantis’s letter of
August 9, 2019, requesting this advisory opinion. The letter, includes, inter alia,
the responses by counsel for the sponsor of Amendment 4, Floridians for a Fair
Democracy, to questions posed by Justices Polston and Lawson during oral
argument in 2017. Arguably, these exchanges provide the most helpful revelations
concerning what “completion of all terms of sentence” encompassed. Justice
Polston pointedly asked whether “completion of [all] terms” included “full
payment of any fines,” and counsel for the sponsor responded: “Yes, sir . . . all
terms mean all terms within the four corners.” Majority op. at 2. Justice Lawson
similarly asked, “You said that terms of sentence includes fines and costs . . .
that’s the way it’s generally pronounced in criminal court, would it also include
restitution when it is ordered to the victim as part of a sentence?” Counsel
answered, “Yes.” Majority op. at 2.
The majority opinion also includes revelations made in the sponsor’s brief,
which clearly express the sponsor’s intention that payment of all LFOs would be
required. The sponsor’s brief asserted: “Specifically, the drafters intend that
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individuals with felony convictions, excluding those convicted of murder or a
felony sexual offense, will automatically regain their right to vote upon fulfillment
of all obligations imposed under their criminal sentence.” Majority op. at 10. The
majority summed up the sponsor’s position with the following statement: “In other
words, the Sponsor intended that ‘all terms’ refer to obligations, not durational
periods. No briefs were submitted in opposition to Amendment 4.” Majority op.
at 11 (emphasis added).
As a follow-up, the majority included a similar statement, made during oral
argument, that the operative language in Amendment 4 “means all matters—
anything that a judge puts into a sentence.” Majority op. at 11. The majority
added:
As noted in the Governor’s letter, that oral argument involved
discussion of LFOs—including fines, costs, and restitution—as well
as the process for confirming payment of LFOs. Counsel for the
Sponsor summed up by reiterating that Amendment 4 was intended to
be “a restoration of voting rights under these specific conditions.” It
is beyond dispute that the Sponsor expressed the intention that “all
terms of sentence” include all LFOs ordered by the sentencing judge.
Majority op. at 11 (emphasis added).
In further consideration of the sponsor’s intent, the majority opinion
included an advertisement from the sponsor’s paid political website which
included the following assurances to prospective voters in bold-italicized text:
“Amendment 4 restores the eligibility to vote to people with past felony
- 33 -
convictions who fully complete their entire sentence – including any probation,
parole, and restitution – before earning back the eligibility to vote.” Majority op.
at 11.
Finally, the majority included in its opinion the American Civil Liberties
Union Foundation of Florida’s 2018 voter guide which informed voters that
Amendment 4 “includ[ed] any probation, parole, fines, or restitution.” Majority
op. at 12.
The majority wraps up its discussion of these “extraneous considerations”
with the following revealing statement: “The Sponsor’s expressed intent and
campaign statements simply are consistent with that ordinary meaning that would
have been understood by voters.” Majority op. at 13 (emphasis added).
This evidence clearly resolves any question regarding the meaning of the
phrase “all terms of sentence” and should not be excluded from consideration.
Surely, if the text in this case had said, “all terms of sentence, including payment in
full of all financial obligations imposed by the court,” or conversely, “upon
completion of all terms of incarceration of the sentence,” consideration of extrinsic
sources, including dictionaries, would not have been necessary. Unfortunately, for
whatever reason, it did not.
Moreover, textualism, for all its usefulness, is less reliable when the text in
question, such as the four-word text in this case, is not sufficiently developed to
- 34 -
allow its full meaning to be discernable. In such instances, consideration of
unambiguous extrinsic evidence is essential to determine the meaning of the text in
question. Unfortunately, given the majority’s decision today setting forth the so-
called “supremacy-of-text principle” as the law of constitutional and statutory
interpretation in Florida, such valuable extrinsic evidence will no longer be
afforded its due consideration. While I agree that the initial step in resolving
questions of constitutional and statutory interpretation should be to carefully
examine the words of the governing text in context, I disagree with the summary
exclusion from consideration of extrinsic credible information that would assist in
determining the meaning of the text—including the intent of the framers and voters
as we have consistently done in the past.
Indeed, without the existence and consideration of the extrinsic evidence
concerning the intention of the sponsor and others involved in the process of
proposing Amendment 4, based on this record, I could not concur with the majority
based solely on the theory that “the only objective evidence for the intent of a text
is what the text says understood in context”—not in this case.
Accordingly, I concur with the majority’s ultimate decision that the phrase
“all terms of sentence” encompasses all “legal financial obligations.” I am able to
do so only because the extrinsic evidence presented concerning the sponsor’s intent
assisted me. I dissent to the majority’s position that the phrase “all terms of
- 35 -
sentence” is unambiguous and that the voters would “most likely understand” it to
include all LFOs—without more. I also dissent to the majority’s unbending
application of the “supremacy-of-text principle” to Florida law, to the exclusion of
available extrinsic evidence that would assist the Court in construing constitutional
and statutory provisions.
Original Proceedings – Advisory Opinion to the Governor
Joseph W. Jacquot, General Counsel, Nicholas A. Primrose, John MacIver,
Colleen Ernst, and James Uthmeier, Deputy General Counsel, Joshua E. Pratt,
Assistant General Counsel, Executive Office of the Governor, Tallahassee, Florida,
for The Honorable Ron DeSantis, Governor of Florida
Theodore Leopold, Diana L. Martin, and Poorad Razavi of Cohen Milstein Sellers
& Toll, PLLC, Palm Beach Gardens, Florida; and Cecilia Aguilera and Jon
Sherman, Fair Elections Center, Washington, District of Columbia,
for Interested Party, Fair Elections Center
Jimmy Midyette, Jacksonville, Florida, Julie A. Ebenstein, Rodkangyil Orion
Danjuma, and Jonathan S. Topaz, New York, New York, Daniel B. Tilley, and
Anton Marino, American Civil Liberties Union Foundation of Florida, Inc., Miami,
Florida; Leah C. Aden and John S. Cusick, NAACP Legal Defense & Educational
Fund, Inc., New York, New York; and Sean Morales-Doyle and Eliza Sweren-
Becker of Brennan Center for Justice at NYU School of Law, New York, New
York,
for Interested Parties, Orange County Florida Branch of the NAACP, the
NAACP Legal Defense and Educational Fund, the American Civil Liberties
Union Foundation of Florida, the American Civil Liberties Union, The
Brennan Center for Justice at New York University Law School, the Florida
Conference of the NAACP, and League of Women Voters of Florida
Mark R. Schlakman of Florida State University Center for the Advancement of
Human Rights, Tallahassee, Florida,
- 36 -
for Interested Party, Florida Association of Criminal Defense Lawyers
(FACDL)
Daniel Bell, General Counsel, J. Michael Maida, Deputy General Counsel, and W.
Jordan Jones, Staff Attorney, House Judiciary Committee, Tallahassee, Florida;
and Jonathan L. Williams of Lash & Goldberg LLP, Miami, Florida,
for Interested Party, Florida House of Representatives
Adam Richardson, pro se, West Palm Beach, Florida,
Interested party
Jeremiah Hawkes, General Counsel, and Ashley Istler, Deputy General Counsel,
The Florida Senate, Tallahassee, Florida
for Interested Parties, The Florida Senate and Bill Galvano, in his official
capacity as President of The Florida Senate
Jennifer LaVia and Carla Laroche, pro se, Tallahassee, Florida,
Interested parties
Chad W. Dunn of Brazil & Dunn, L.L.P., Miami, Florida; and Danielle Lang,
Molly E. Danahy, and Mark P. Gaber of Campaign Legal Center, Washington,
District of Columbia
for Interested Parties, Bonnie Raysor, Diane Sherrill, and Lee Hoffman
Bradley R. McVay, General Counsel, Ashley E. Davis, Deputy General Counsel,
Florida Department of State, Tallahassee, Florida; Mohammad O. Jazil and Gary
V. Perko of Hopping Green & Sams, P.A., Tallahassee, Florida; and George N.
Meros, Jr., and Tara R. Price of Holland & Knight LLP, Tallahassee, Florida,
for Interested Party, the Florida Secretary of State, Laurel M. Lee
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