Gov. Ron DeSantis acted within his authority when he suspended Broward Sheriff Scott Israel and replaced him in January, a judge ruled Thursday.
Broward Circuit Judge David Haimes’ decision did not indicate whether he agreed with the governor, but affirmed that DeSantis was legally justified when he replaced Israel with acting Sheriff Gregory Tony in January.
Israel came under criticism after the February 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland. In suspending him, DeSantis said lessons that should have been learned from the 2017 shooting at Fort Lauderdale-Hollywood International Airport never were implemented, leading to a disorganized response in Parkland that cost lives and eroded trust in the Broward Sheriff’s Office.
Israel wanted Haimes to declare that DeSantis had overstepped his authority.
With the judge’s decision, Israel’s most likely hope of returning to office rests with the Republican-led Florida Senate, which can overturn or affirm the Repuplican governor’s decision.
Israel said he didn’t have an expectation about what the judge would do. “I didn’t have any preconceived notions one way or another. I’ve been in court long enough to know that one way or another judges make decisions. Respect the judge’s decision and we’ll see what’s next.”
Reached a little more than an hour after the judge issued his ruling Thursday, Israel said he didn’t know what would happen next. “Just waiting to speak with my attorney. And once I speak with him we’ll report on what we do next.”
Stuart Kaplan, one of Israel’s attorneys, said the legal team was disappointed. “Now we move on and contemplate what our next move is on behalf of Sheriff Israel.”
Kaplan said Israel and his attorneys would confer on what happens next, but the issue will almost certainly now move back to the Florida Senate.
Proceedings in the Senate had been held in abeyance pending the court’s decision. Kaplan said the time table for the process in Tallahassee isn’t clear. Originally proceedings involving the special master in the Senate were to take place next week, but Kaplan said he didn’t know if the case at this point could be picked up that quickly.
Kaplan said he’s concerned because only four weeks are left in the annual legislative session. He said it seems hard to imagine that the special master could complete its work in time for the Senate to consider the issue before it adjourns for the summer — possibly pushing off any Senate vote on Israel until the fall.
A second attorney, Ben Kuehne, said Israel would appeal the decision.
“The constitutionality of Sheriff Israel’s suspension will be tested in Florida’s appellate courts,” Kuehne said. “The Governor’s overreach of the limited suspension authority has never before been used to replace a political opponent at the urging of the National Rifle Association.”
DeSantis lawyer Nicholas Primrose argues in court Monday that the governor has the authority to remove an elected official for “neglect of duty and incompetence.” He said Israel “failed to have an appropriate command staff procedure” and that he displayed a “lack of leadership in developing clear instructions and objectives.”
This is a developing story. Check back for updates.
rolmeda@SunSentinel.com, 954-356-4457, Twitter @SSCourts and @rolmeda