[New Englander]

Originally Posted by blueash

The legal grounds for reinstatement as a commissioner is the Florida constitution. De Santis suspended Miller based on his authority given him to do exactly that, not requiring suspension but allowing for it. The exact same section of the constitution says:

(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.

See the magic words "until acquitted"? Miller has been acquitted of all charges against him. Thus his suspension is now voided, automatically by the wording of the constitution. He was elected in 2020 to serve four years, thus his term is not over even though it was filled by a replacement. The constitution seems to very clearly require that Miller return to his office until the end of the term for which he was elected.

And Florida law, see 112.51 (6) says the following: [my bold]

(6) If the municipal official is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he or she was suspended under the provisions of this section, then the Governor shall forthwith revoke the suspension and restore such municipal official to office; and the official shall be entitled to and be paid full back pay and such other emoluments or allowances to which he or she would have been entitled for the full period of time of the suspension. If, during the suspension, the term of office of the municipal official expires and a successor is either appointed or elected, such back pay, emoluments, or allowances shall only be paid for the duration of the term of office during which the municipal official was suspended under the provisions of this section, and he or she shall not be reinstated."

Now, tell me again why you think the POA is wrong? In fact it seems although IANAL, that Florida law REQUIRES, that upon a finding of not guilty that the person who suspended Miller must revoke the suspension forthwith. Ask yourself, why is Florida law being ignored to the detriment of Miller and the voters who elected him to serve a term ending in 2024?

Well said Blueash.