Florida Statutes
Fla. Stat. § 112.52 (2025)
Removal of a public official when a method is not otherwise provided.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 2
cases, 1992–1993 · leading case: In Re Advisory Opinion to Governor, 626 So. 2d 684 (Fla. 1993).
In Re Advisory Opinion to Governor, 626 So. 2d 684 (Fla. 1993). “By lawsuit filed in the Circuit Court for Hernando County, among other issues, this officer filed for declaratory relief claiming to be a county officer, subject only to suspension pursuant to Article IV, Section 7(a) of the Florida Constitution, and not a district officer…”
In Re Shenberg, 632 So. 2d 42 (Fla. 1992). “(1989) (municipal officer suspended from office is not to receive any compensation during suspension); Id.”
— 112.52(2) — 1 case
In Re Shenberg, 632 So. 2d 42 (Fla. 1992). “(1989) (municipal officer suspended from office is not to receive any compensation during suspension); Id.”
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