You can read DeSantis's order suspending, not removing, Miller from office justified by the Florida constitution giving him the option, not the requirement, to suspend an official with a felony indictment
DeSantis Order
The citation in the Florida Constitution is Article 4 section 7(a) you can read that section
ARTICLE 4
Quote:
a) By executive order stating the grounds and filed with the custodian of state records, the governor may suspend from office any state officer not subject to impeachment, any officer of the militia not in the active service of the United States, or any county officer, for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony, and may fill the office by appointment for the period of suspension. The suspended officer may at any time before removal be reinstated by the governor.
(b) The senate may, in proceedings prescribed by law, remove from office or reinstate the suspended official and for such purpose the senate may be convened in special session by its president or by a majority of its membership.
(c) By order of the governor any elected municipal officer indicted for crime may be suspended from office until acquitted and the office filled by appointment for the period of suspension, not to extend beyond the term, unless these powers are vested elsewhere by law or the municipal charter.
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Note that very clearly the Constitution anticipates that a suspended official can be re-instated. And look at section (c) which I will repeat with BOLD
suspended from office until acquitted and the office filled by appointment for the period of suspension, not to extend beyond the term,
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Now I am not a lawyer but my reading is that Miller was suspended because he was indicted. And that once acquitted that suspension should terminate not subject to the whim of the Governor.
So next question is what is the term of Oren Miller's election. That's easy he was elected to a four year term in November 2020 and took office in Nov 2020. So Miller's term is not over. Yes, he was replaced but that seems null and void now as he is clearly by our Constitution given his seat back now that he is acquitted.