The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

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F.S. 112.51

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.

F.S. 112.51 on Google Scholar

F.S. 112.51 on Casetext

Amendments to 112.51

Arrestable Offenses / Crimes under Fla. Stat. 112.51

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.51.

Annotations, Discussions, Cases:

Cases from cite.case.law:

M. DIAZ, v. LOPEZ,, 167 So. 3d 455 (Fla. Dist. Ct. App. 2015)

. . . federal corruption charges, the Governor suspended him from office on August 6, 2013, pursuant to section 112.51 . . . after Maroño pled guilty to the charges, the Governor removed Maroño from office pursuant to section 112.51 . . . Section 112.51(2) reads, in its entirety, as follows: “Whenever any elected or appointed municipal official . . . Section 112.51(5) reads, in pertinent part, as follows: “If the municipal official is convicted of any . . . have been convicted, notwithstanding a suspension of sentence or a withholding of adjudication.” § 112.51 . . .

SLATON v. A. PIZZI, Jr., 163 So. 3d 655 (Fla. Dist. Ct. App. 2015)

. . . We affirm, concluding that section 112.51, Florida Statutes (2013), applied to the temporary suspension . . . The trial court concluded that section 112.51(6), Florida Statutes, required the Governor, upon acquittal . . . At that point, however, the parties diverge in their assessment of the interplay between section 112.51 . . . To the contrary, section 112.51(5) makes it clear that the suspended officeholder remains in office, . . . We also conclude that the Town Charter was enacted long after section 112.51 was in place, such that . . .

SPENCE- JONES, v. RUNDLE,, 991 F. Supp. 2d 1221 (S.D. Fla. 2013)

. . . Moreover, Section 112.51(2) of the Florida Statutes provides: Whenever any elected or appointed municipal . . .

SPENCE- JONES, B. v. P. DUNN,, 118 So. 3d 261 (Fla. Dist. Ct. App. 2013)

. . . absent from this list of qualifications is any mention of a gubernatorial suspension pursuant to section 112.51 . . . Section 112.51, Florida Statutes (2008), permits the governor, by executive order, to suspend from office . . . informed against for the commission of a federal felony or misdemeanor or state felony or misdemeanor." § 112.51 . . . restore the official to office with full back pay and other emoluments from the time of suspension. § 112.51 . . . The fact that section 112.51(4) temporarily suspended her ability to perform the functions of her office . . .

UNITED STATES v. SANTOS,, 201 F.3d 953 (7th Cir. 2000)

. . . Stat § 112.51(2) (authorizing the governor to suspend any elected or appointed municipal official who . . .

In ADVISORY OPINION TO THE GOVERNOR- SCHOOL BOARD MEMBER- SUSPENSION AUTHORITY, 626 So. 2d 684 (Fla. 1993)

. . . in which event the school board member could be suspended under the statutory authority of section 112.51 . . .

NATIONAL LAW CENTER ON HOMELESSNESS AND POVERTY, v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS,, 799 F. Supp. 148 (D.D.C. 1992)

. . . Plaintiffs’ original petition is for 381 hours of attorney time at the reasonable rate of $112.51 for . . .

In a N. SHENBERG. In a C. SEPE, 632 So. 2d 42 (Fla. 1992)

. . . See § 112.51(4), Fla.Stat. (1989) (municipal officer suspended from office is not to receive any compensation . . .

In ADVISORY OPINION TO THE GOVERNOR REQUEST OF JULY, 336 So. 2d 97 (Fla. 1976)

. . . of actions arising directly or indirectly out of or pertaining to official conduct or duties or is § 112.51 . . . of actions arising directly or indirectly out of or pertaining to official conduct or duties or is § 112.51 . . . area also has the power to circumscribe said authority which it has done through enactment of Section 112.51 . . . (1), Florida Statutes, which provides: “112.51 Municipal officers; suspension; removal from office.— . . .