In Re Advisory Opinion To the Governor, in Re

• Decision Date: 29 November 1918
• Citation: 76 Fla. 500,80 So. 17
• Parties: In re ADVISORY OPINION TO THE GOVERNOR.
• Court: Florida Supreme Court

80 So. 17

76 Fla. 500

In re ADVISORY OPINION TO THE GOVERNOR.

Florida Supreme Court

November 29, 1918

HEADNOTES

Where suspensions from offices are made of 'food, drug, and fertilizer inspectors,' who under section 9, chapter 6541, Acts of 1913, are appointed for terms not exceeding four years, the Constitution requires the Governor to communicate the cause of such suspensions to the Senate at its next session after the suspensions.

Supervisors of convicts, who under chapters 5448 and 6530, Laws of Florida, 'hold their appointments subject to the will of the Governor,' have no fixed terms, and suspensions from office under the Constitution of such appointees are not contemplated by the statute creating the offices.

OPINION

Advisory opinion to the Governor.

State of Florida, Executive Chamber.

Tallahassee Nov. 29, 1918.

Hon Justices of the Supreme Court of Florida, Tallahassee Fla.--Gentlemen:

Pursuant to section 13 of article 4 of the Constitution of Florida, I have the honor to request your official opinion upon a question affecting my constitutional duties and powers involving the construction of sections 14 and 15 of article 4, and section 7 of article 16, of said Constitution respecting whether or not the cause of suspension should be communicated to the Senate of certain persons appointed under section 9 of chapter 5662, Laws of Florida 1907, as amended by section 9 of chapter 6122, Laws of Florida 1911, as amended by section 9 of chapter 6541, Laws of Florida 1913 who were suspended by me for cause since the adjournment of the Legislature of 1917; also certain other persons appointed under chapter 5448, Acts of 1905, as amended by section 13 of chapter 6530, Laws of Florida 1913, who were suspended by me for cause since the adjournment of the Legislature of 1917.

The question above being: Are the officers or appointees named in the statutes above, which require no concurrence of the Senate to appoint, and no definite term apparently required, such as are contemplated within the meaning of the provisions of the Constitution stated above, requiring the cause of their suspension to be communicated to the Senate?

Respectfully submitted,

Sidney J. Catts, Governor.

In the Supreme Court of Florida.

Saturday, November 30, 1918.

To His Excellency Sidney J. Catts, Governor of Florida--Sir:

Replying to your inquiry of yesterday, you are advised that in our opinion the 'food, drug, and fertilizer inspectors for the chemical division of the department of agriculture of the state of Florida,' who are appointed by the Governor for terms not exceeding four years under section 9 of chapter 6541, Acts of 1913, and section 9 of chapter 6122, Acts of 1911, and whose statutory authority and duties involve the exercise of prescribed governmental functions, are officers who, under section 15 of article 4 of the Constitution, may be suspended from office by the Governor for stated causes and when so suspended the stated section of the Constitution requires the Governor to communicate the cause of the suspension...