The real fight could be just beginning in the Sheriff Scott Israel saga.
Under Florida law, Israel will have multiple avenues to salvage his political and law enforcement career.
He is entitled to a hearing before the Republican-controlled Florida Senate to make his case. He also could try to get an order from federal or state court overturning the suspension. Then there is the option of taking the issue to voters and running for sheriff in 2020, despite having been suspended from the office.
At a news conference on Friday, Israel ended his brief comments with this statement: “For now, it’s on to court.”
Outside of a lawsuit, here’s how the process could play under the Florida Constitution.
— The suspension order must be delivered to the Florida Department of State. The State Department must then provide copies of the order to Israel, the Secretary of the Senate and the state Attorney General.
— The order must “specify facts sufficient to advise both the officer and the Senate as to the charges made or the basis of the suspension.” The governor can suspend an officer on the following grounds: misfeasance, malfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties or commission of a felony. The Florida Senate’s rules state it must “institute action by transmitting a notice of hearing” within three months of receiving the suspension order.
— The Senate can conduct a hearing on the suspension. Alternatively, it could appoint a special committee or special magistrate to hold a hearing and make a recommendation based on the evidence presented. The governor, his legal staff or his chosen lawyer is responsible for prosecuting the case. Israel will have an opportunity to present his side. The committee or special master has subpoena power, according to the Senate’s rules.
— The Senate could vote to reinstate Israel or remove him from office. If he is reinstated, he will be entitled to seek payment from the state for the legal fees for his defense, along with back pay for the period for which he was suspended.
Local officials have sought to challenge suspensions with varying outcomes.
Former Broward County elections supervisor Miriam Oliphant was suspended after polling stations failed to open on time and other problems that plagued the 2002 primary election.
She fought her suspension, even running for election unsuccessfully in 2004 to reclaim her job. Ultimately, the Florida Senate voted in 2005 to uphold the suspension. Former Gov. Jeb Bush appointed Brenda Snipes to fill the post. She subsequently won election until being suspended herself by former Gov. Rick Scott after the contentious 2018 recount.
Scott suspended the head of Broward Health’s hospital board in March 2016. Scott accused David Di Pietro of interfering with a state investigation into the public hospital system’s board.
A Broward County judge ordered Di Pietro reinstated, saying she found no basis for the accusations of malfeasance that the governor leveled against him at the urging of the inspector general. The judge wrote that the inspector general could not show a single, specific act of wrongdoing. Just three days after prevailing in court, Di Pietro resigned, saying political interference by the governor had made it impossible for him to serve the hospital system.
In November 2018, U.S. District Judge Robert Hinkle ruled that Scott and the Senate violated Jefferson County Clerk of Court Kirk Reams’ due process rights. Reams was suspended in October 2017 when the Florida Department of Law Enforcement found he allowed his girlfriend to use his county computer and took nude photos of her inside the courthouse.
In January 2018, a jury acquitted him of a charge of petty theft connected to the case.
U.S. District Judge Mark Walker blasted Scott over his suspension of Snipes in a ruling on Jan. 9.
Scott accused Snipes of repeatedly failing to follow state election laws when he suspended her Nov. 30. Snipes had already announced that she would resign Jan. 4.
The Florida Senate declined to hear her case, citing a legal opinion that she could not take back her resignation under Florida law.
Walker wrote that while he could not reinstate Snipes, DeSantis must provide her with an opportunity to defend herself. He also said a governor’s suspension order must provide specific, detailed reasons for the action. To date, there has been no further action.
