IN RE OPINION TO THE GOVERNOR AS TO SUSPENSION OF STATE HEALTH OFFICER

Fla. | 1919-06-17
78 Fla. 9 Florida Supreme Court (1919) Positive Treatment
Cited by 2 cases

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Synopsis

The Florida Supreme Court advised the Governor that he lacked the constitutional authority to suspend the State Health Officer because the officer was neither elected by the people nor appointed by the Governor, and thus not subject to suspension under the relevant constitutional provision.


Holding

No, the Governor does not have the constitutional authority to suspend the State Health Officer under these circumstances.


Key Quotes

“Under Section 15, of Article 3 of the Constitution of Florida you as Governor have power only to suspend from office such officers as have been elected by the people or appointed by the Governor, who are not subject to impeachment.”

This quote states the constitutional basis for the Governor's power of suspension.

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Facts & Procedural History

The Governor of Florida sought advice from the Florida Supreme Court regarding his authority to suspend the State Health Officer. The Governor's power…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court

Tallahassee, Florida, June 16th, 1919. To His Excellency, Sidney J. Catts, Governor. Sir:— .Replying to yours of 11th inst. Under Section 15, of Article 3 of the Constitution of Florida you as Governor have power only to suspend from office such officers as have been elected by the people or appointed by the Governor, who are not subject to impeachment. Since the State Health Office as to whom you write has not been elected by the people nor appointed by the Governor, you as Governor have no authority to suspend him. Under the Constitution this' court .cannot advise you upon the scope and effect of any -statute, but only upon some feature of the Constitution that affects some Executive power of duty. Respectfully, Jeffn. B. Browne, Chief Justice. R. F. Taylor, J. B. Whitfield, W. H. Ellis, T. F. West, Justices.


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Citator

Cited By

  • Gary v. Kissimmee River Cattle Co., 85 Fla. 268 (Fla. 1923)
    …vernor, (Suburban Inv. Co. v. Hyde, 61 Fla. 809, text 814, 55 South. Rep. 76) they are -not now so elected or appoined as to make them subject to suspension by the Governor under Section 15, Article IV of the Constitution (In re Opinion to Governor, 78 Fla. 9, 82 South. Rep. 608) and for the purpose of this case, the statute authorizing the Circuit Judge to remove such trustees for cause will be applied. What constitutes “cause” for which under the statute county bond trustees may be removed by a Circui…

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