112.51

Municipal officers; suspension; removal from office.

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112.51 Municipal officers; suspension; removal from office.—

(1) By executive order stating the grounds for the suspension and filed with the Secretary of State, the Governor may suspend from office any elected or appointed municipal official for malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence, or permanent inability to perform official duties.

(2) Whenever any elected or appointed municipal official is arrested for a felony or for a misdemeanor related to the duties of office or is indicted or informed against for the commission of a federal felony or misdemeanor or state felony or misdemeanor, the Governor has the power to suspend such municipal official from office.

(3) The suspension of such official by the Governor creates a temporary vacancy in such office during the suspension. Any temporary vacancy in office created by suspension of an official under the provisions of this section shall be filled by a temporary appointment to such office for the period of the suspension. Such temporary appointment shall be made in the same manner and by the same authority by which a permanent vacancy in such office is filled as provided by law. If no provision for filling a permanent vacancy in such office is provided by law, the temporary appointment shall be made by the Governor.

(4) No municipal official who has been suspended from office under this section may perform any official act, duty, or function during his or her suspension; receive any pay or allowance during his or her suspension; or be entitled to any of the emoluments or privileges of his or her office during suspension.

(5) If the municipal official is convicted of any of the charges contained in the indictment or information by reason of which he or she was suspended under the provisions of this section, the Governor shall remove such municipal official from office. If a person was selected to fill the temporary vacancy pursuant to subsection (3), that person shall serve the remaining balance, if any, of the removed official’s term of office. Otherwise, any vacancy created by the removal shall be filled as provided by law. For the purposes of this section, any person who pleads guilty or nolo contendere or who is found guilty shall be deemed to have been convicted, notwithstanding a suspension of sentence or a withholding of adjudication.

(6) If the municipal official is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he or she was suspended under the provisions of this section, then the Governor shall forthwith revoke the suspension and restore such municipal official to office; and the official shall be entitled to and be paid full back pay and such other emoluments or allowances to which he or she would have been entitled for the full period of time of the suspension. If, during the suspension, the term of office of the municipal official expires and a successor is either appointed or elected, such back pay, emoluments, or allowances shall only be paid for the duration of the term of office during which the municipal official was suspended under the provisions of this section, and he or she shall not be reinstated.

History.—s. 1, ch. 67-66; s. 1, ch. 69-256; s. 3, ch. 73-129; s. 2, ch. 84-245; s. 16, ch. 87-224; s. 719, ch. 95-147; s. 50, ch. 2007-30.

Note.—Former s. 166.16.

Notes of Decisions

Cited in 8 cases, 1976–2015 · leading case: Diaz v. Lopez

Sort: Relevance Newest Treatment

Diaz v. Lopez (2015) fladistctapp · cites it 8× “” § 112.51(2), Fla. Stat. (2013). 2 . Section 112.”

Spence-Jones v. Dunn (2013) fladistctapp · cites it 6× “Section 112.51, Florida Statutes (2008), permits the governor, by executive order, to suspend from office "any elected or appointed municipal official .”

United States v. Miriam Santos (2000) ca7 “, Fla. Stat § 112.51(2) (authorizing the governor to suspend any elected or appointed municipal official who is indicted).”

Advisory Opinion to Gov. Request of July 12, 1976 (1976) fla · cites it 4× “It necessarily follows that the Legislature having the full authority to derogate the responsibility of the Governor in this area also has the power to circumscribe said authority which it has done through enactment of Section 112.51(1), Florida Statutes, which provides: "112.”

Mayor Slaton & Town of Miami Lakes v. Pizzi, Jr. (2015) fladistctapp · cites it 19× “1 We affirm, concluding that section 112.51, Florida Statutes (2013), applied to the temporary suspension of Pizzi by the Governor of Florida in August 2013.”

In Re Shenberg (1992) fla · cites it 2× “" Art. IV, § 7, Fla. Const. Suspensions without compensation have been the policy of the executive branch of this state when persons are indicted or otherwise charged with crimes.”

In Re Advisory Opinion to Governor (1993) fla · cites it 2× “" The single question presented by these letters is whether a school board member is a "county" officer, in which event he or she may be suspended only under article IV, section 7(a), or a "district" officer, in which event the school board member could be suspended under the…”

Spence-Jones v. Rundle (2013) flsd “Moreover, Section 112.51(2) of the Florida Statutes provides: Whenever any elected or appointed municipal official is arrested for a felony or for a misdemeanor related to the duties of office or in indicted or informed against for the commission of a federal felony or…”

— 112.51(1) — 1 case

Advisory Opinion to Gov. Request of July 12, 1976 (1976) fla “It necessarily follows that the Legislature having the full authority to derogate the responsibility of the Governor in this area also has the power to circumscribe said authority which it has done through enactment of Section 112.51(1), Florida Statutes, which provides: "112.”

— 112.51(2) — 5 cases

Diaz v. Lopez (2015) fladistctapp “” § 112.51(2), Fla. Stat. (2013). 2 . Section 112.”

United States v. Miriam Santos (2000) ca7 “, Fla. Stat § 112.51(2) (authorizing the governor to suspend any elected or appointed municipal official who is indicted).”

Spence-Jones v. Dunn (2013) fladistctapp “Section 112.51, Florida Statutes (2008), permits the governor, by executive order, to suspend from office "any elected or appointed municipal official .”

Mayor Slaton & Town of Miami Lakes v. Pizzi, Jr. (2015) fladistctapp “1 We affirm, concluding that section 112.51, Florida Statutes (2013), applied to the temporary suspension of Pizzi by the Governor of Florida in August 2013.”

— 112.51(3) — 1 case

— 112.51(4) — 2 cases

In Re Shenberg (1992) fla “" Art. IV, § 7, Fla. Const. Suspensions without compensation have been the policy of the executive branch of this state when persons are indicted or otherwise charged with crimes.”

Spence-Jones v. Dunn (2013) fladistctapp “Section 112.51, Florida Statutes (2008), permits the governor, by executive order, to suspend from office "any elected or appointed municipal official .”

— 112.51(5) — 2 cases

Diaz v. Lopez (2015) fladistctapp “” § 112.51(2), Fla. Stat. (2013). 2 . Section 112.”

— 112.51(6) — 2 cases

Spence-Jones v. Dunn (2013) fladistctapp “Section 112.51, Florida Statutes (2008), permits the governor, by executive order, to suspend from office "any elected or appointed municipal official .”

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