Home > Journals > WMLR > Vol. 66 (2024-2025) > Iss. 5 (2025)
William & Mary Law Review
Abstract
This Note argues that a proper interpretation of Florida law recognizes property interests in elected office as an integral factor to be considered when assessing what process is due to suspended elected officials. Part I provides an overview of the theoretical underpinnings and modern evolution of procedural due process and property interests, particularly as they relate to public employment and elected office. Part II contrasts historical case law in Florida where property rights were recognized with a curious line of emerging case law that finds no such rights. Part III investigates and refutes the flawed reasoning behind recent opinions that have rejected the argument that property interests exist in public office. Finally, Part IV considers what process is due to suspended elected officials in Florida and highlights the need to safeguard against the potential politicization of that process. Ultimately, this Note warns that without ensuring authentically quasi-judicial removal hearings, Florida risks depriving elected officials of their constitutionally protected property rights without affording them adequate due process of law.
This abstract has been taken from the author's introduction.
