(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.
Structure Florida Statutes
Title X - Public Officers, Employees, and Records
Chapter 112 - Public Officers and Employees: General Provisions
Part V - Suspension, Removal, or Retirement of Public Officers (Ss. 112.40-112.52)
112.40 - Disposition of order of suspension.
112.41 - Contents of order of suspension; Senate select committee; special magistrate.
112.42 - Period during which grounds may have occurred.
112.43 - Prosecution of suspension before Senate.
112.44 - Failure to prove charges; payment of attorney’s fees or salary.
112.45 - Senate’s report; results of prosecution.
112.46 - Period during which suspension will lie.
112.47 - Hearing before Senate select committee; notice.
112.48 - Suspension when Senate not in session.
112.49 - Persons exercising powers and duties of county officers subject to suspension by Governor.
112.50 - Governor to retain power to suspend public officers.
112.501 - Municipal board members; suspension; removal.
112.51 - Municipal officers; suspension; removal from office.
112.511 - Members of special district governing bodies; suspension; removal from office.
112.52 - Removal of a public official when a method is not otherwise provided.