Florida Statutes

Fla. Stat. § 112.41 (2025)

Contents of order of suspension; Senate select committee; special magistrate.

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112.41 Contents of order of suspension; Senate select committee; special magistrate.—

(1) The order of the Governor, in suspending any officer pursuant to the provisions of s. 7, Art. IV of the State Constitution, shall specify facts sufficient to advise both the officer and the Senate as to the charges made or the basis of the suspension.

(2) The Senate shall conduct a hearing in the manner prescribed by rules of the Senate adopted for this purpose.

(3) The Senate may provide for a select committee to be appointed by the Senate in accordance with its rules for the purpose of hearing the evidence and making its recommendation to the Senate as to the removal or reinstatement of the suspended officer.

(4) The Senate may, in lieu of the use of a select committee, appoint a special magistrate to receive the evidence and make recommendations to the Senate.

History.—s. 2, ch. 69-277; s. 60, ch. 2004-11.

Notes of Decisions

Cited in 2 cases, 1972–1980 · leading case: Bruner v. State Comm'n on Ethics, 384 So. 2d 1339 (Fla. 1st DCA 1980).

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Bruner v. State Comm'n on Ethics, 384 So. 2d 1339 (Fla. 1st DCA 1980). “The Governor has determined that there are sufficient grounds for him to exercise his constitutional power of suspension, and, thus, under Article IV, Section 7, of the Constitution, the question of reinstatement of appellant rests in the hands of the Governor and the Senate…”

State ex rel. Meyerson v. Askew, 269 So. 2d 671 (Fla. 1972). · cites it 3× “ASKEW, Governor of the State of Florida, pursuant to the Constitution and laws of the State of Florida, do hereby find, determine and, for the purpose of Section 112.41, Florida Statutes, allege and specify: “A.”

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