Florida Statute 112.51 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 112.51

Total Results: 13

Diaz v. Lopez

Court: District Court of Appeal of Florida | Date Filed: 2015-04-28

Citation: 167 So. 3d 455, 2015 Fla. App. LEXIS 6206, 2015 WL 1930318

Snippet: from office on August 6, 2013, pursuant to section 112.51(2) of the Florida Statutes. 1 Subsequently

Mayor Slaton & Town of Miami Lakes v. Pizzi, Jr.

Court: District Court of Appeal of Florida | Date Filed: 2015-04-24

Citation: 163 So. 3d 655, 2015 Fla. App. LEXIS 6140

Snippet: 1 We affirm, concluding that section 112.51, Florida Statutes (2013), applied to the temporary

Hernando County Sheriff's Office v. Sikalos

Court: District Court of Appeal of Florida | Date Filed: 2014-06-25

Citation: 141 So. 3d 1236, 2014 Fla. App. LEXIS 9624, 2014 WL 2874297

Snippet: participating in the FRS. See §§ 112.021(10), (11); 112.051, Fla. Stat. (2012). AFFIRMED. BENTON, WETHERELL

Spence-Jones v. Dunn

Court: District Court of Appeal of Florida | Date Filed: 2013-07-24

Citation: 118 So. 3d 261, 2013 WL 3814957, 2013 Fla. App. LEXIS 11620

Snippet: a gubernatorial suspension pursuant to section 112.51. Under the charter, such suspension does not disqualify

Ago

Court: Florida Attorney General Reports | Date Filed: 2001-07-09

Snippet: other specific offenses by public officials; and s. 112.51, providing for the suspension or removal from office

Ago

Court: Florida Attorney General Reports | Date Filed: 1997-09-25

Snippet: from office by the Governor pursuant to section 112.51, Florida Statutes, run in the special election

In Re Advisory Opinion to Governor

Court: Supreme Court of Florida | Date Filed: 1993-11-04

Citation: 626 So. 2d 684, 1993 WL 444288

Snippet: suspended under the statutory authority of section 112.51, Florida Statutes (1991). For the reasons expressed

In Re Shenberg

Court: Supreme Court of Florida | Date Filed: 1992-04-02

Citation: 632 So. 2d 42, 1992 WL 63094

Snippet: indicted or otherwise charged with crimes. See § 112.51(4), Fla. Stat. (1989) (municipal officer suspended

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-11-28

Snippet: system plan or system providing for tenure, s. 112.051(1), F. S., states that such employees may not be

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-06-05

Snippet: travelers' official headquarters as defined in s. 112.051(4), F. S. See, e.g., AGO's 077-123, 077-117, 076-56

Advisory Opinion to Gov. Request of July 12, 1976

Court: Supreme Court of Florida | Date Filed: 1976-07-30

Citation: 336 So. 2d 97, 1976 Fla. LEXIS 4450

Snippet: pertaining to official conduct or duties or is § 112.51(1) an unconstitutional limitation on the constitutional

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Court: Florida Attorney General Reports | Date Filed: 1976-07-09

Snippet: power elsewhere. In so concluding, I am aware of s. 112.51, F. S., which provides that a temporary appointment

Indian River State Bank v. Hartford Fire Insurance

Court: Supreme Court of Florida | Date Filed: 1903-06-15

Citation: 46 Fla. 283

Snippet: Vangindertaclen v. Phoenix Ins. Co. of Brooklyn, 82 Wis. 112, 51 N. W. Rep. 1122; Steele v. German Ins. Co., 93