Can DeSantis remove Manatee County leaders over a vote? What Florida law says

Manatee County leaders pressed pause on two highly anticipated votes this week, citing concerns that Gov. Ron DeSantis could remove them from office if they went forward.

But can the governor remove duly-elected officials from their seats for how they vote?

That question is at the center of a clash over a new Florida law known as Senate Bill 180. It was meant to ease rebuilding efforts in hurricane-damaged areas. However, the DeSantis administration is interpreting the law in a broad and controversial manner — one that critics argue strips away local power to regulate development, protect the environment or manage growth responsibly.

SB 180 has local officials around the state in fear of losing their seats if their votes are interpreted as violating the new law. While the governor has not issued any direct threats to remove officials over these votes, local leaders are taking the possibility seriously.

For example, Manatee County commissioners delayed a vote on restoring local wetland protections this week despite broad public support for the action. They cited fears of being removed by the state and possibly replaced by candidates with more developer-friendly attitudes.

Here’s a look at what Florida law says.

Can governor remove Florida officials?

Florida’s constitution and state law allow the governor to suspend county and city officials in limited circumstances. Grounds for suspension include “malfeasance,” neglect of duty,” “incompetence,” “drunkenness” and felony crimes.

Previous governors largely reserved suspensions for local officials charged with crimes. But DeSantis has been notably more aggressive with the power, using it to target political opponents and policy decisions he disagrees with.

The state constitution gives the Florida Senate final say on whether to uphold a removal or reinstate an official. But the Senate rarely considers overruling the governor, making it a final decision in most cases.

Officials can also challenge their removal in court, but that can be a complicated and lengthy process. And historically, the courts have also given the governor wide latitude to justify a suspension.

Can governor replace Florida officials?

After an official is suspended, the governor can immediately appoint a replacement.

If the Senate votes to uphold an official’s removal, the appointee serves the remainder of the official’s term, or, in some cases, until a special election is called.

Will DeSantis remove officials over SB 180?

The governor’s office did not respond to a request for comment on whether DeSantis would consider suspending local officials who the state considers to be violating SB 180.

But state agencies and developers have made it clear that they plan to use the law to oppose local actions that restrict development.

For now, local leaders are left in a tough spot as they weigh whether to back down on their priorities or risk removal.

“It is a thing that we could be removed from office,” Commissioner Carol Ann Felts told the Bradenton Herald.

“I want everybody to scream about SB 180,” Felts added. “I want this public pressure. But we have to do it in the right way, or you’re going to end up either without a commissioner, or with a commissioner you didn’t elect.”

How are local leaders proceeding?

This week, Manatee County and the City of Edgewater, on Florida’s East Coast, were two of the first to consider votes that could clash with SB 180.

While Manatee chose to postpone its votes and pursue other options for overcoming SB 180, officials in Edgewater voted to keep two temporary local development moratoriums on the books.

That was despite a letter from local developers asking for the moratoriums to be repealed, as well as advice from the city attorney that it could lead to their removal.

City Attorney Aaron Wolfe warned officials that failing to adhere to a state law like SB 180 could be considered a form of “misfeasance or malfeasance,” ultimately leading to suspension.

But after a round of encouraging public comments, the council chose to take that risk in a 3-2 vote.

“It’s not in my nature just to stand down and do absolutely nothing and not fight,” Mayor Diezel Depew said before the vote. “We need to have home rule.”

Now it remains to be seen if the state or developers will challenge Edgewater’s decision.

In the meantime, a growing number of cities and counties are considering legal action to challenge SB 180 and whether it violates their constitutional right to home rule.