Florida Statute 112.52 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

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F.S. 112.52

112.52 Removal of a public official when a method is not otherwise provided.—

(1) When a method for removal from office is not otherwise provided by the State Constitution or by law, the Governor may by executive order suspend from office an elected or appointed public official, by whatever title known, who is indicted or informed against for commission of any felony, or for any misdemeanor arising directly out of his or her official conduct or duties, and may fill the office by appointment for the period of suspension, not to extend beyond the term.

(2) During the period of the suspension, the public official shall not perform any official act, duty, or function or receive any pay, allowance, emolument, or privilege of office.

(3) If convicted, the public official may be removed from office by executive order of the Governor. For the purpose of this section, any person who pleads guilty or nolo contendere or who is found guilty shall be deemed to have been convicted, notwithstanding the suspension of sentence or the withholding of adjudication.

(4) If the public official is acquitted or found not guilty, or the charges are otherwise dismissed, the Governor shall by executive order revoke the suspension; and the public official shall be entitled to full back pay and such other emoluments or allowances to which he or she would have been entitled had he or she not been suspended.

History.—s. 1, ch. 80-333; s. 720, ch. 95-147.

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Amendments to 112.52

Annotations, Discussions, Cases:

Cases Citing Statute 112.52

Total Results: 4

In Re Advisory Opinion to Governor

626 So. 2d 684, 1993 WL 444288

Supreme Court of Florida | Filed: Nov 4, 1993 | Docket: 1285928

Cited 5 times | Published

by Executive Order 93-60, and pursuant to Section 112.52, Florida Statutes, I suspended and removed

In Re Shenberg

632 So. 2d 42, 1992 WL 63094

Supreme Court of Florida | Filed: Apr 2, 1992 | Docket: 1514047

Cited 1 times | Published

receive any compensation during a suspension); Id. § 112.52(2) (elected or appointed officers not otherwise

Ago

Florida Attorney General Reports | Filed: Oct 7, 1992 | Docket: 3257166

Published

commission for judges of compensation claims.12 Section 112.52(1), F.S., states: When a method for removal

Ago

Florida Attorney General Reports | Filed: Aug 26, 1983 | Docket: 3255536

Published

informed against for the commission of a felony. Section 112.52, F.S., is, of course, presumptively valid and