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Does DeSantis have the legal power to suspend a state attorney?

Republican presidential candidate Florida Gov. Ron DeSantis speaks at the Moms for Liberty meeting in Philadelphia, Friday, June 30, 2023.

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TAMPA, Fla. (WFLA) — Florida Gov. Ron DeSantis announced Wednesday the suspension of State Attorney Monique Worrell, citing neglect of duty.

Worrell, who served the Ninth Judicial Circuit Court for the State of Florida in Orange and Osceola counties, is the second state attorney to be removed by DeSantis after Hillsborough County State Attorney Andrew Warren was suspended on Aug. 4, 2022.

But many have questioned whether the governor has the authority to suspend a state officer.

In short, he does.

According to Article IV, Section 7 of the Florida Constitution, the governor is required to “take care that the laws of Florida are faithfully executed.”

DeSantis’ Executive Order suspending Worrell adds, “in furtherance of the Governor’s executive responsibility, the Governor may suspend from office any state officer not subject to impeachment for that officer’s malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony.”

Specifically, “neglect of duty” refers 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 my duty as Governor to ensure that the laws enacted by our duly elected Legislature are followed,” DeSantis said Wednesday. “The people of Central Florida deserve to have a State Attorney who will seek justice in accordance with the law instead of allowing violent criminals to roam the streets and find new victims.”

Worrell was elected in November 2020.

Southeast

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