CopyCited 5 times | Published | Supreme Court of Florida | 1993 WL 444288
...ilar requests. See e.g., In re Advisory Opinion to the Governor Request of July 12, 1976,
336 So.2d 97 (Fla. 1976) and In Re Advisory Opinion to the Governor,
298 So.2d 366 (Fla. 1974). On February 18, 1993, by Executive Order 93-60, and pursuant to Section
112.52, Florida Statutes, I suspended and removed a member of the school board of Hernando County based on the fact that she committed and was convicted of misdemeanors directly related to her official duties. This officer pled nolo contendere to each of thirteen misdemeanor counts, was adjudicated guilty of one count and adjudication was withheld on the remaining counts. Section
112.52, Florida Statutes, applies to public officers with regard to whom no other method for removal from office is provided by the state constitution or by law....
...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 subject to suspension and *686 removal pursuant to § 112.52, Fla....
...Other public officers, that is, "district" officers were not mentioned in the revision. Recognizing the absence of a suspension scheme for district officers, in 1980 the Legislature adopted a scheme for the removal of a public official when a method is not otherwise provided in the constitution or by law. § 112.52, Fla....
...The following question has been a recurring question throughout this and other administrations and poses doubt concerning my authority. Your determination of this question would direct me whether to rely upon the constitutional or statutory suspension scheme, (Art. IV § 7, Fla. Const. or § 112.52, Fla....
...27, 1979), 81-103 (Sept. 2, 1981), *689 83-25 (Feb. 4, 1983), and 85-87 (Apr. 5, 1985). In your letter, you note that, in order to provide a means for the suspension of officials who are not covered by article IV, section 7, the Legislature enacted section 112.52, which reads as follows: (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 whate...
...) encompasses only those officers, described in article VIII, section 1 of the *691 constitution, who perform general governmental functions for the county. I believe the Governor has authority to remove a school board member under the provisions of section 112.52, Florida Statutes (1991), and not under article IV, section 7(a)....
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
...provisions in s. 43.29, F.S., are applicable to the District Courts of Appeal Judicial Nominating Commissions, there is no statutory provision making it applicable to the statewide judicial nominating commission for judges of compensation claims. 12 Section 112.52 (1), F.S., states: 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...
