Florida judges have a special authority vested upon them to “withhold adjudication” in a criminal matter pursuant to Fla. Stat. §948.01. This means that the person who enters a plea of “no contest” or guilty plea to a felony charge may, depending on the nature of the felony, not be considered a “convicted felon” under current Florida law. To be offered or receive a withholding of adjudication a citizen generally will not have a much of a preexisting criminal history or has not been convicted of a felony in his or her past. The individual who receives a withholding of adjudication will not lose his or her voting rights and, again, under current Florida law, will not lose their right to possess a firearm in Florida once they have successfully completed probation.
However, a more complex and precarious situation exists in our federal court system for Florida citizens who have received a withholding of adjudication for a felony. Under currently existing federal law, a person currently may be prosecuted under 18 USC §922(g), possession of a firearm by a convicted felon, in federal court even if they have received a withholding of adjudication for a Florida felony. The United States Court of Appeals for the Eleventh Circuit (11th Circuit) is the federal court with appellate jurisdiction over all of the federal district courts in Florida, Alabama and Georgia. Pensacola is within the Northern Federal District Court of Florida.