Scott J. Israel, Sheriff v. Ron DeSantis, GovernorScott J. Israel, Sheriff v. Ron DeSantis, Governor
BACKGROUND
In 2016, Israel was reelected as the Sheriff of Broward County, Florida, for a four-year term. Following Israel’s reelection, two mass shootings occurred during Israel’s term of office: the January 6, 2017, shooting at the Fort Lauderdale-Hollywood Airport in Broward County and the February 14, 2018, school shooting at Marjory Stoneman Douglas High School in Parkland, Florida.
On January 2, 2019, the Marjory Stoneman Douglas Public Safety Commission Report was released. Thereafter, on January 11, 2019, Governor Ron DeSantis issued Executive Order 19-14, suspending Israel from office. Executive Order 19-14 alleged that certain actions by Israel “constitute[d] neglect of duty and incompetence.” In support of these grounds for Israel’s suspension, Executive Order 19-14 asserts various factual allegations, based in part on the Marjory Stoneman Douglas Public Safety Commission Report and an internal investigation into the Fort Lauderdale-Hollywood Airport shooting. Executive Order 19-14 details how Israel allegedly
On March 7, 2019, Israel filed a petition for writ of quo warranto in the Circuit Court of the Seventeenth Judicial Circuit, alleging that Governor DeSantis exceeded his constitutional authority when suspending Israel.1 On April 4, 2019, the circuit court issued a written order dismissing Israel’s petition. In its order, the circuit court found that “the allegations set forth in Executive Order 19-14 [were] sufficient to support the specified grounds of neglect of duty and incompetence, and therefore, [met] the jurisdictional requirements for suspension.” The circuit court further found that Executive Order 19-14 “alleges facts that support and bear a reasonable relation to the stated grounds” of neglect of duty and incompetence.
On April 5, 2019, Israel appealed the circuit court’s order to the Fourth District Court of Appeal. On April 9, 2019, the Fourth District certified the case for pass-through jurisdiction, finding that the appeal involved a question of great public importance that required immediate resolution by this Court.
STANDARD OF REVIEW
“Since the nature of an extraordinary writ is not of absolute right, the granting of such writ lies within the discretion of the court.” Topps v. State, 865 So. 2d 1253, 1257 (Fla. 2004). Accordingly, we generally review a circuit court’s decision on a petition for writ of quo warranto for an abuse of discretion. See Detzner v. Anstead, 256 So. 3d 820, 822 n.4 (Fla. 2018). However, because Israel’s petition also concerns matters of constitutional interpretation, our review of the circuit court’s constitutional interpretation is de novo. See Zingale v. Powell, 885 So. 2d 277, 280 (Fla. 2004).
ANALYSIS
Israel contends that the trial court erred in dismissing his petition for writ of quo warranto, arguing that Governor DeSantis lacks the authority to suspend Israel from office because Executive Order 19-14 does not provide an “objective factual predicate” to conclude Israel neglected or
We begin our analysis with the plain language of
As we recently stated, the judiciary has a “limited role in reviewing the exercise of the suspension power, which the Constitution commits to the governor and which inherently involves ‘judgment and discretion.’ ” Jackson v. DeSantis, No. SC19-329, slip op. at 3 (Fla. Apr. 16, 2019) (quoting State ex rel. Hardie v. Coleman, 155 So. 129, 133 (Fla. 1934)). Where an executive order of suspension “names one or more of the grounds embraced in the Constitution and clothes or supports it with alleged facts sufficient to constitute the grounds or cause of suspension, it is sufficient.” Hardie, 155 So. at 133. Similarly, the Senate’s judgment of removal or reinstatement “is final, and will not be reviewed by the courts,” as under the constitutional process for suspension and removal, the “Senate is nothing less than a court provided to examine into and determine whether or not the Governor exercises the power of suspension in keeping with the constitutional mandate.” Id. at 134. Assuming that the office of the suspended officer falls under one of the constitutionally enumerated categories and the Governor has filed the executive order of suspension with the custodian of records, the plain language of the Constitution excludes the judiciary from involving itself in the suspension and removal process save for a limited exception.
Turning to that exception, the Constitution requires the Governor to issue an executive order of suspension “stating the grounds” of the officer’s suspension. While a suspended officer may seek judicial review of an executive order of suspension to ensure that the order satisfies that constitutional requirement, the judiciary’s role is limited to determining whether the executive order, on its face, sets forth allegations of fact relating to one of the constitutionally enumerated grounds of suspension. Id. at 133. Thus, “[a] mere arbitrary or blank order of suspension without supporting allegations of fact, even though it named one or more of the constitutional grounds of suspension, would not meet the requirements of the Constitution.” Id. However, where the executive order of suspension contains factual allegations relating to an enumerated ground for suspension, the Constitution prohibits the courts from examining or determining the sufficiency of the evidence supporting those facts, as the “matter of reviewing the charges and the evidence to support them is solely in the discretion of the Senate.” Id. at 134; see also State ex rel. Kelly v. Sullivan, 52 So. 2d 422, 425 (Fla. 1951) (“It is the function of the Senate, and never that of the Courts, to review the evidence upon which the Governor suspends an officer in the event the Governor recommends his removal from office.”). Therefore, the factual allegations in an executive order of suspension must satisfy only a low threshold under the judiciary’s limited, facial review, and “if, on the whole, [the executive order] contains allegations that bear some reasonable relation to the charge made against the officer, it will be adjudged as sufficient.” Hardie, 155 So. at 133.
Under this standard, Executive Order 19-14 satisfies our limited review. Executive Order 19-14 states that at the time of his suspension, Israel was serving as the Sheriff of Broward County, which is a “county officer” under
Israel argues, however, that
Moreover, the plain and ordinary meaning of the word “duty” found in
Furthermore, in Hardie, this Court explained that with regard to the Governor’s constitutional suspension power,
Neglect of duty has reference to the neglect or failure on the part of a public officer to do and perform some duty or duties laid on him as such by virtue of his office or which is required of him by law. It is not material whether the neglect be willful, through malice, ignorance, or oversight. When such neglect is grave and the frequency of it is such as to endanger or threaten the public welfare it is gross.
155 So. at 132. “Incompetency . . . has reference to any physical, moral, or intellectual quality, the lack of which incapacitates one to perform the duties of his office” and “may arise from gross ignorance of official duties or gross carelessness in the discharge of them . . . [or] from lack of judgment and discretion.” Id. at 133. A review of Executive Order 19-14 shows that it articulates factual allegations that bear a reasonable relation to the grounds of neglect of duty and incompetence
CONCLUSION
The Constitution establishes a clear and unambiguous process for suspension and removal. The Governor may suspend for one or more of the grounds enumerated in
Accordingly, we find that the Governor has satisfied the constitutional requirements set forth in
It is so ordered.
CANADY, C.J., and POLSTON, LAWSON, LUCK, and MUÑIZ, JJ., concur.
MUÑIZ, J., concurs with an opinion, in which CANADY, C.J., and LAWSON and LUCK, JJ., concur.
LABARGA, J., concurs in result only with an opinion.
ANY MOTION FOR REHEARING OR CLARIFICATION MUST BE FILED WITHIN THREE DAYS. A RESPONSE TO THE MOTION FOR REHEARING/CLARIFICATION MAY BE FILED WITHIN TWO DAYS AFTER THE FILING OF THE MOTION FOR REHEARING/CLARIFICATION. NOT FINAL UNTIL THIS TIME PERIOD EXPIRES TO FILE A REHEARING/CLARIFICATION MOTION AND, IF FILED, DETERMINED.
MUÑIZ, J., concurring.
I concur in the majority opinion but write briefly to address the claim at the heart of Sheriff Israel’s petition, i.e., the assertion that the factual allegations underlying the suspension order are disconnected from Israel’s statutory duties. Israel’s view of those duties is far too narrow.
CANADY, C.J., and LAWSON and LUCK, JJ., concur.
LABARGA, J., concurring in result only.
As the circuit court correctly noted in its order, this case presents the narrow question
This Court noted in State ex rel. Hardee v. Allen, 172 So. 222, 224 (Fla. 1937), that “[i]t is not necessary that the allegation[s] of fact be as specific as the allegations of an indictment or information in a criminal prosecution.” The allegations must, however, identify the specific instances of alleged misconduct with sufficient detail to facilitate meaningful review by the Senate, by this Court when applicable, and to allow the official to mount a defense. An executive order which presents only general or conclusory allegations will not suffice. This is not a demanding standard, but it is nonetheless a substantive requirement imposed by the Florida Constitution, and this Court is obligated to vacate any suspension which does not satisfy it.
Certified Judgments of Trial Courts in and for Broward County – David Alan Haimes, Judge - Case No. 062019CA005019AXXXCE – An Appeal from the District Court of Appeal, Fourth District, Case No. 4D19-970
Benedict P. Kuehne, Michael T. Davis, and Susan Dmitrovsky of Kuehne Davis Law, P.A., Miami, Florida; and Stuart N. Kaplan of Kaplan & Parker, LLP, Palm Beach Gardens, Florida,
for Appellant
Joe Jacquot, General Counsel, Nicholas A. Primrose, John MacIver, Colleen Ernst, and James Uthmeier, Deputy General Counsel, Executive Office of the Governor, Tallahassee, Florida,
for Appellee