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. 112.52

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.

F.S. 112.52 on Google Scholar

F.S. 112.52 on Casetext

Amendments to 112.52

Arrestable Offenses / Crimes under Fla. Stat. 112.52

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.52.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . believe the Governor has authority to remove a school board member under the provisions of section 112.52 . . . On February 18,1993, by Executive Order 93-60, and pursuant to Section 112.52, Florida Statutes, I suspended . . . Section 112.52, Florida Statutes, applies to public officers with regard to whom no other method for . . . the Florida Constitution, and not a district officer subject to suspension and removal pursuant to § 112.52 . . . removal of a public official when a method is not otherwise provided in the constitution or by law. § 112.52 . . . Const, or § 112.52, Fla.Stat.), in addressing complaints. . . .

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

. . . . § 112.52(2) (elected or appointed officers not otherwise provided for by the Constitution or statute . . .

In ARLAN S DEPARTMENT STORES, INC., 462 F. Supp. 1255 (S.D.N.Y. 1978)

. . . Of the reimbursement request $112.52 is for the cost of reproducing the fee application which obviously . . .