CopyCited 3 times | Published | Supreme Court of Florida | 1976 Fla. LEXIS 4450
...legislative act the suspension power over municipal officials. The Legislature recognized the unique nature of consolidated governments and the fact that some officials of such governments function as both county and municipal officials by enacting Section 112.49, Florida Statutes, which provides: "In the administration of any city-county merger or city-county charter, or any such form of government which provides for the merging of the powers, duties and functions of any municipal and county g...
...wer to suspend shall be concurrent in the city-county government and in the governor." Inasmuch as the Legislature has power to create, alter, and abolish both counties and municipalities, we believe it was well within the legislative power to enact Section 112.49, defining what a municipality is and what a county is, for suspension purposes. An examination of Jacksonville's charter leads us to conclude that the mayor of the consolidated City of Jacksonville has "the powers and duties of a county officer," Section 112.49, supra, and should be treated as a county officer, if he is to be suspended....
...n, explained: "The Jacksonville Consolidation Amendment is a special provision applying only to Duval County and giving the legislature power at any time to consolidate the county and the cities within it into a municipality." Being fully mindful of Section 112.49, Florida Statutes, which provides: "112.49 Persons exercising powers and duties of county officers subject to suspension by governor....
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
Constitution, and section
112.49, Florida Statutes. The Court stated that by enacting section
112.49, the Legislature
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 653, 2015 Fla. LEXIS 2626, 2015 WL 7566535
...We do not know whether the legislature meant to use the phrase in a
broad sense to refer to any government employee, or in a narrow
official” for purposes of section); §
112.3142(1) (defining “constitutional officers”
for purposes of section); §
112.49 (person exercising powers of county officer
under city-county charter is a county officer subject to governor’s suspension
power); §
838.014(6) (defining “public servant” to include state, county,
municipal, special district, legisla...
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15856
...Plainly, Jacksonville council members are county officers for purposes of removal under the Constitution’s article IV, § 7(a) and (b), for they exercise in Duval County the powers and duties exercised by county commissioners elsewhere. Article VIII, § 1(e), Florida Constitution; § 112.49, F.S.; In re Advisory Opinion, supra n....
...nty, apparently contrary to the Supreme Court’s Advisory Opinion, supra, note 2, § 165.18 was repealed in 1974 by the Formation of Local Governments Act, ch. 165, F.S., ch. 74-192, Fla. Laws. The only remaining statute touching on removal powers, § 112.49, F.S....
...lidated government . . . election” and section 20.07(b) provides for suspension or removal if an elected official violates §§
20.02-.06, the “Code of Ethics.” The ethics code does not proscribe the conduct of which Johnson is accused. . Sec.
112.49, F.S....
