Opinion
May 16, 1951.
"The State Constitution authorizes me, as Governor, to request a written opinion of the Justices of the Supreme Court as to the interpretation of any portion of the State Constitution upon any question affecting my executive duties and powers. Section 13, Article IV, of the State Constitution, F.S.A.
"The State Constitution further provides, `All officers that shall have been appointed or elected, and that are not liable to impeachment, may be suspended from office by the Governor for malfeasance, or misfeasance, or neglect of duty in office, for the commission of any felony, or for drunkenness or incompetency'. Article IV, Section 15.
"In opinion of the Justices reported in Re Advisory Opinion to the Governor, 69 Fla. 508, 68 So. 450, you advised the Governor had no power to suspend an officer while the State Senate was in session, but could only recommend to the Senate permanent removal.
"Article III, Section 29, of the State Constitution states that the Governor, administrative officers of the Executive Department, Justices of the Supreme Court, and Judges of the Circuit Court shall be liable to impeachment.
"The Game and Fresh Water Fish Commission was created by Article IV, Section 30, of the State Constitution, and provides for the membership on the commission, but makes no reference to whether they are subject to suspension or removal by the Governor and the Senate, or whether they are subject to impeachment. Since Article IV, Section 30, is a recent amendment to the State Constitution, having been adopted at the General Election in 1942, and is, therefore, subsequent to Article III, Section 29, of the State Constitution, I request your advice and opinion as to whether or not I can legally recommend to the Senate of the State of Florida the permanent removal of a member of the Game and Fresh Water Fish Commission while the Senate is in session, if in my opinion grounds for said removal exist.
"Thanking you, I am
"Cordially yours, "Fuller Warren "Governor."
You are advised that Article IV, Section 20, names the administrative officers to assist the Governor.
Article III, Section 29, is the basis of authority for impeachment and it applies only to "The Governor, Administrative officers of the Executive Department, Justices of the Supreme Court, and Judges of the Circuit Court".
The administrative officers of the Executive Department are limited to those named above. See Article 4, Section 17, where they as of that class constitute a Board of commissioners of State Institutions. The power to suspend or recommend for removal, as the case may be, vested in the Governor by the Constitution is the general rule and those subject to impeachment constitute the exception to the general rule. The exception, therefore, is limited to those expressly named in the Constitution.
It, therefore, is our opinion and advice that you, as Governor, have the power under the Constitution to recommend to the Senate while in session the permanent removal of a member of the Game and Fresh Water Fish Commission.
Respectfully yours,
/s/ H.L. SEBRING Chief Justice
/s/ GLENN TERRELL Justice
/s/ ROY H. CHAPMAN Justice
/s/ ALTO ADAMS Justice
/s/ B.K. ROBERTS Justice