can a governor be impeached in florida
Misdemeanor or malfeasance in office (Nev. Rev. Misdemeanor or malfeasance in office (Iowa Code Ann., Const. The people of Florida are growing tired of the governor's decision to ignore the pandemic and pretend like everything is fine as he travels the country with his donors. 11 1 et seq.). 6, 7 & 8). VI, 17 to 21). Nothing in this section affects the admissibility of evidence under s. s. 1, ch. As of July 5th, 2020, the State of Florida has had over 200,000 confirmed cases. Pt. 1. Commission of a felony, a misdemeanor involving moral turpitude, malfeasance in office, or willful neglect of duty (N.C. Gen. Stat. 17 & Art. He's blaming Hispanic workers for his incompetence instead of taking charge to combat COVID. Meet the Tampa prosecutor Ron DeSantis just removed. http://www.nytimes.com/2011/02/17/us/17rail.html?_r=0, Refusing to comply with the Affordable Healthcare Act and turning down millions of dollars in federal grants to create a state-run "exchange" to help consumers compare insurance plans and prices. Art. Serious crimes or serious misconduct in office (S.C. Code Ann., Const. Misdemeanor in office (Ind. Resigned before the completion of impeachment proceedings. "[1], Once the five days have elapsed, the clerk must then prepare a form called the "Recall Petition and Defense," which includes the defense statement from the recall target (but only if the recall target provides such a defense statement). Impeachment of judges is rare, and removal is rarer still. Ann., Const. VI). For more information on the Senate's role in the suspension process please contact: Copyright 2000- 2023 State of Florida. Florida Gov. [1], Grounds for the recall must be provided. Chadwick died in 1908, but his influence on the game was rewarded with a place in the Baseball Hall of Fame in Cooperstown, N.Y., in 1938. VII, 1 to 3). Florida's charter counties are:[2], A recall cannot begin until the targeted official has served at least one-fourth of his or her term in office. There are seven allowable grounds. 4 4). Ann. Stat. Gov. Code Ann., 5-8-1-1 et seq.). Click here to contact our editorial staff, and click here to report an error. No. The U.S. states that are able to hold recall elections for elected state officials include Alaska, Arizona, California, Colorado, Georgia, Idaho, Illinois, Kansas, Louisiana, Michigan, Minnesota, Montana, Nevada, New Jersey, North Dakota, Oregon, Rhode Island, Washington and Wisconsin, plus the District of Columbia. Those eligible must have been elected to a governing body of a municipality or chartered county. Misdemeanor in office (Me. The Constitution says a president may be impeached for "treason, Bribery, or other high crimes and misdemeanors." First, in order for the impeachment process to start, Congress launches an . Those eligible must have been elected to a governing body of a municipality or chartered county. According to CDC data, there were 13,703 people hospitalized in the state on average daily between August 8 and August 14, a 13 percent increase from the previous seven days. Ron DeSantis signed a bill on Monday to take control of municipal services and development for the . ". Javascript must be enabled for site search. Commission of crime in official capacity requiring disqualification (Tenn. Code Ann. Senate rules state the Senate must send out a notice of an initial hearing within 90 days of the suspension and make a final decision by the end of the next legislative session. IX). Cent. Florida Gov. http://www.huffingtonpost.com/ryan-campbell/voter-suppression-in-florida_b_1840793.html. We need a change of leadership, someone who is willing to listen to science and not try to manipulate it or turn a blind eye to the crisis Florida is in. Code Ann., Const. According to data from the Covkid project, which monitors the virus in children, Florida has a rate of 10,098 cases per 100,000 children. Other elected officials DeSantis has ousted during his tenure include a Broward County sheriff, the Palm Beach supervisor of elections and the superintendent of Okaloosa County schools. Within 5 days after service, the person sought to be recalled may file with the clerk a defensive statement of not more than 200 words. Laws, Const. No grounds listed (Tex. 5, 4 and Art. Diese Seite ist durch reCAPTCHA geschtzt und es gelten die Google. DeSantis has come under fire for not implementing tougher restrictions to quell the virus, including prohibiting schools from being able to implement mask mandates. Art. Interns wanted: Get paid to help ensure that every voter has unbiased election information. Want more of our free, weekly newslettersinyourinbox? Ron DeSantis (R), according to a new . "Aside from this sad fact, DeSantis also waited until the last minute to issue a stay-at-home order which without a doubt caused the coronavirus to spread much faster than necessary. Constitutional and statutory citations are provided parenthetically. For causes that may be provided by law (Haw. Stat. As citizens we have the obligation to expose corruption in our government for it is the biggest threat to our democracy. They care more about showing low unemployment numbers than they do if Floridians have enough to eat," the petition reads. Laws Ann., Const. Ron DeSantis order to remove Hillsborough County State Attorney Andrew Warren sent shockwaves through Florida on Thursday and raised several questions from readers. On August 13, Florida reported a record number of COVID-19 cases. In this photo, DeSantis speaks during a press conference held at the Florida National Guard Robert A. Ballard Armory on June 07, 2021 in Miami, Florida. 6-6-3). Watch on. You've got to go with the trends of what people are wearing these days.". Everyone Practices Cancel Culture | Opinion, Deplatforming Free Speech is Dangerous | Opinion. Therefore it's time Governor Scott gets gone. State health department data showed 151,415 new infections over the past week ending August 13, for an average of 21,630 cases each day. 1871: William Holden, North Carolina. 8, 1). Gov. And whats next for Warren? I went for more of a surf-style, more of a laid-back look, more casual. Ten Republicans joined the Democratic majority. Patricia Good, School Board Member, Broward County, Donna Korn, School Board Member, Broward County, Jose Angel Martinez, County Commissioner, Miami-Dade County, Ann Murray, School Board Member, Broward County, Laurie Rich Levinson, School Board Member, Broward County, Andrew Warren, State Attorney of the 13th Judicial Circuit. Florida has 67 counties, and as of 2021, 20 of these counties were charter counties. Misdemeanor in office (Ohio Rev. Annotated 100.36(1), "Any member of the governing body of a municipality or charter county, hereinafter referred to in this section as 'municipality,' may be removed from office by the electors of the municipality. From the time that the recall petition is, Once signatures are collected, the designated chair of the recall committee that collected the signatures must present them to "the auditor or clerk of the municipality or charter county, or his or her equivalent.". The only detectable Republican pushback has come from New Hampshire governor Chris Sununu, who warned, "Look, Ron's a very good governor. Art. Art. At the time of this petition, DeSantis continues to down play the urgency of how many Floridians are getting infected with COVID. Florida recall law does not pertain to elected state officials, such as the governor, nor elected federal officials, such as the state's congressional delegates. Evidence of the pendency of the appeal is admissible. Convicted and removed from office; later acquitted of all charges during criminal proceedings. And whats next for Warren? Rev. Consequences resulting from conviction are generally limited to removal from office and prohibition against holding office in the future. 3, 17 & 18). He's blamed that increased testing is the reason for higher COVID numbers, Florida doctors say otherwise. Art. [1], The ballot for a recall election must read as follows:[1], Following a successful recall election of officials elected from districts, candidates attempting to succeed the official recalled for his or her unexpired term shall be voted upon at a special election called by the chief judge of the circuit court in which the districts are located not less than 30 days or more than 60 says after the recall election. A petition to recall and remove Florida Gov. The Florida governor said if Disney stayed out of the politics, Disney would face 48 hours of outrage when the bill passed. 7 1). Art. 665.001 to 665.028). [1], If it is determined that sufficient signatures were filed to force a recall election, the recall target is given 5 days to provide a written resignation. Convicted and removed from office; conviction subsequently overturned by. If the recall target chooses not to resign at this point, "the chief judge of the judicial circuit in which the municipality is located shall fix a day for holding a recall election." There are some exceptions. Stat. VIII Pt. This should not be a partisan issue. As we are watching other countries, states, handle their pandemic responses better, this is unacceptable. DeSantis, Warren and the rule of law | Editorial, Permitless carry is a bad idea, says suspended Hillsborough state attorney | Column, DeSantis appoints well-connected Republicans to Reedy Creek board, DeSantis strategy includes flooding zone with news, targeting conservative media, 5 highlights from DeSantis book, The Courage to Be Free, Pinellas County education is getting dragged into a medieval inquisitors dungeon | Letters, Florida bill would end diversity programs, ban majors, shift power at universities, DeSantis criticizes inadequate immigration law he signed, calls for new changes, As people cast Tampa ballots, remember the fundamental importance of our right to vote | Letters, remove Hillsborough County State Attorney Andrew Warren, Who is Andrew Warren? Const. Can DeSantis oust a democratically elected official? 2 2). Stat., Const. [1], After receiving the "Recall Petition and Defense," the recall committee must then collect more signatures, equalling "15% of the electors" in the relevant jurisdiction within 60 days after the time that the "Recall Petition and Defense" was delivered by the jurisdiction's clerk to the chair of the recall committee. The first two U.S. governors to be impeached were Kansas ' Charles Robinson in 1862 and Florida 's Harrison Reed in 1868. This site is protected by reCAPTCHA and the Google. Disclaimer: The information on this system is unverified. Sun 26 Feb 2023 02.00 EST Last modified on Sun 26 Feb 2023 02.02 . Ron DeSantis took control of Disney's special tax district. ", In an update on the petition on August 14, White wrote: "The Delta variant is ravaging Florida and our governor is still putting the lives of Floridians in danger and refusing to follow medical guidance. Code Ann., Art. Governor Rick Scott has used his position to reward the unethical practices of big business and promote cronyism in Florida politics. What is the legal process by which the governor of Florida can be removed from office? Bribery, corruption, malpractice, or maladministration in office (N.H. Rev. "It's nice and simple, not as graphic-artsy as the last one. Ann., Art. DeSantis can also remove elected municipal officers, or local officials, such as mayors, after theyve been charged with a crime. Art. Ann., Const. http://articles.orlandosentinel.com/2012-09-23/news/fl-health-care-presidential-issues-20120918_1_health-care-affordable-care-act-new-law, And now he is trying to illegally infringe upon, tamper with or block the legal rights of voters in his state. Treason, bribery, or any high crime or misdemeanor in office (Miss. Stat. XVI). We are breaking Florida's daily COVID case records on a daily basis. [1], If all members of a governing body are being recalled and all resign before the recall election, then the recall election shall be canceled and, in lieu, a special election shall occur.[1]. The clerk who received the signatures must then "immediately" convey the signatures to the Supervisor of Elections for the county within which the recall is taking place. Willful neglect of duty; corruption in office; incompetency; intemperance (intoxicating liquors or narcotics); offense of moral turpitude while in office (Ala. Code, Const. 2, C.1, 2, Art. . Art. Stat., Art. 68). http://www.usatoday.com/news/washington/story/2012-06-20/holder-contempt-House-vote/55717644/1, http://www.huffingtonpost.com/2010/03/25/georgia-attorney-general_n_512970.html, http://www.washingtonmonthly.com/political-animal/2011_06/scott_learns_to_stop_worrying030033.php, http://www.nytimes.com/2011/02/17/us/17rail.html?_r=0, http://articles.orlandosentinel.com/2012-09-23/news/fl-health-care-presidential-issues-20120918_1_health-care-affordable-care-act-new-law, http://www.huffingtonpost.com/ryan-campbell/voter-suppression-in-florida_b_1840793.html. The server is misbehaving. Article IV, section 17 of the Virginia Constitution (adopted in 1971) provides: "The Governor, Lieutenant Governor, Attorney General, judges, members of the State Corporation Commission, and all officers appointed by the Governor or elected by the General Assembly, offending . The Florida Supreme Court ruled in a 2017 case that prosecutorial discretion does not allow state attorneys to make blanket statements that they will not prosecute certain types of crimes, and must make decisions on a case-by-case basis. Following the November voting last year, Florida Republicans were euphoric, patting themselves on the back for pulling off a pristine, unblemished, pitch-perfect statewide election. 1953 77-5-1 to 77-5-12). Stat. And for some perspective: Two of the last three governors of New York have had to resign. DeSantis blames Orlando prosecutor after shootings. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Misconduct in office (Cal. In this option, the Florida House would have to approve impeachment of a governor by a two-thirds vote (there are 120 members in the House, so 80 would have to vote for impeachment). Florida Gov. Art. Habitual drunkenness, crimes, corrupt conduct, or malfeasance or misdemeanor (N.D. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . The responsible citizens of Florida must rise up and do everything in our power to remove our reckless and incompetent governor now.". XIII). No grounds listed, but a motion for impeachment must list fully the basis for the proceeding (Alaska Stat. VIII). 2 51 et seq.). 4, 35 & 36). Conviction of certain crimes as impeachment. Ann., Const. They can be removed only by legislative impeachment. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; Communications: Alison Graves Carley Allensworth Abigail Campbell Sarah Groat Caitlin Vanden Boom It was introduced by Florida Rep. Rick Kriseman, a Democrat from St. Petersburg. 2 23 and 24). Ch. But I have got over the next few months I've got a . Join half a million readers enjoying Newsweek's free newsletters. Art VII, 2). including prohibiting schools from being able to implement mask mandates. That clerk must then "at once serve upon the person sought to be recalled a certified copy of the petition. Impeachment is a two-step process that includes the lodging of charges against an office-holder and the ensuing trial for those alleged high crimes and misdemeanors. Code Ann., Const. Trump impeached: Florida lawmakers vote along party lines The U.S. House of Representatives voted to impeach President Trump by a vote of 232 to 197. Newsweek has contacted White and DeSantis's office for comment. He was later found in his Bayelsa home. Ann., Const. Stat., Art. On Monday, Florida Gov. [1], The law is also applicable to Florida's charter counties, regardless of whether the county has specifically included a charter provision in its county charter governing recall. Corrupt conduct in office or crimes or misdemeanors (Mich. Comp. Ron DeSantis Dismisses Climate Change In . Art. In this option, the Florida House would have to approve impeachment of a governor by a two-thirds. MoveOn Civic Action does not necessarily endorse the contents of petitions posted on this site. But I'm just trying to remind folks what we are at . IV 5). The responsible citizens of Florida must rise up and do everything in our power to remove our reckless and incompetent governor now.". excepting cases of treason and impeachment, suspend fines and grant reprieves, pardons, and clemency; by himself or herself, the governor may suspend a fine for up to 60 days. Convicted on six of eight charges; removed from office and barred from holding public office again in the state. Dismissal of Governors without valid reason is not permitted. Art. Art III, 17, Art. Despite a petition to recall and remove Florida Governor Ron DeSantis gathering over 50,000 signatures by Monday, unlike other states like Alaska, California and Georgia, the Sunshine State is not able to hold such recall elections. And not as loud. On August 16, Florida recorded 56,036 new cases of COVID-19 as the Delta variant surged across the state. Const. Stat. The pendency of an appeal or the granting of a pardon relating to such crime does not render evidence of the conviction from which the appeal was taken or for which the pardon was granted inadmissible. In Florida, gubernatorial elections are every four years, with the next one in November 2014. "As governor of Florida, Ron DeSantis has been casting himself as a Trump . Impeachable positions in Florida's state government include the governor, lieutenant governor, Cabinet members, state Supreme Court justices, courts of appeal judges, circuit court judges and. In Summary Ocharo argues that. High crimes and misdemeanors, or malfeasance in office (Wyo. II 7; Art. II, 20). The office of Lieutenant Governor was authorized in the 1968 revision of the Constitution, but duties of that office were left to the discretion of the governor and the legislature. Removing an official through impeachment is a two-step process: (1) the State Assembly votes to impeach; and (2) the State Senate tries the impeachment. Everyone Practices Cancel Culture | Opinion, Deplatforming Free Speech is Dangerous | Opinion. EVIDENCE CODE. In Missouri, impeachments are tried by a panel of seven judges selected by the Missouri State Senate, with a vote from five of the seven judges required to convict. Floridas next legislative session is scheduled to start in March and end in May. II 27 & 28). This petition starter stood up and took action. A party may attack the credibility of any witness, including an accused, by evidence that the witness has been convicted of a crime if the crime was punishable by death or imprisonment in excess of 1 year under the law under which the witness was convicted, or if the crime involved dishonesty or a false statement regardless of the punishment, with the following exceptions: Evidence of any such conviction is inadmissible in a civil trial if it is so remote in time as to have no bearing on the present character of the witness. Ron DeSantis has continually failed Floridians from the beginning of the outbreak by not implementing a statewide mandate of wearing masks, nor by issuing an executive order to shut down non-essential businesses. Corrupt conduct in office or crimes or misdemeanors (Mich. Comp. Change.org Uh oh. Rev. Ballotpedia features 395,443 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Under state law, DeSantis can suspend state officers for malfeasance (acting illegally), misfeasance (carrying out official duties in a way that is careless and causes harm), and neglect of duty (failing to carry out official responsibilities). Public officers may not be impeached. [1], During a recall election of officials elected at large, candidates attempting to succeed the official recalled for his or her unexpired term shall be voted upon at the same election. "Governor Ron DeSantis and former governor Rick Scott have made filing for unemployment in Florida impossible. He settled on a "K" as the symbol for a strikeout, since it was the last letter in the word struck, as in struck out. [1] We have rights and it is clear that at every hand he is going to try to take them away regardless to the cost of Floridians. Therefore it's time Governor Scott gets gone. III 19). VII, 3). Crimes, misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency, or any offense of moral turpitude or oppression in office (Mo. Florida is one of 12 states that requires specific reasons for a recall. You can try refreshing the page, and if you're still having problems, just try again later. Ron DeSantis has reached 70,000 signatures. Not all elected local officials are eligible for recall in Florida. High crimes, misdemeanors, or malfeasance in office (Ariz. Rev. So the only two options for removing a Florida governor are: - Legislative impeachment. Only eight governors in U.S. history have been forcefully removed from office through the impeachment process in their states. II 57 & 58). If he runs for President in 2024, he must resign and the LT GOV will step up to the plate to replace him. "[1], Floridas recall law states that any [elected] member of the governing body of a municipality can be recalled, regardless of whether the municipality in question has a recall provision. Ron DeSantis on Tuesday will release his book, "The Courage to be Free," to much anticipation ahead of his expected plunge into the 2024 presidential race. DeSantis order said those letters amounted to a blanket refusal to enforce, or a functional veto, of the law, which amounts to neglect of Warrens responsibilities. DeSantis executive order deems Warrens decision to sign letters stating he would use his offices discretion to not prosecute certain offenses as neglect of duty. Both Warren and DeSantis will be able to present evidence, call witnesses and give testimony to make their case. Governor Ron DeSantis is literally having an impact on the death of Floridians by discouraging the use of masks and downplaying ;preventable vaccines by stating that he has the legal power by executive authority to withhold funding from school districts that mandate mask wearing for children who are susceptible to the Covid19 delta variant. But, incompetency, corruption, malfeasance, or delinquency in office may be tried in the same way as a criminal matter and judgment may be dismissal from office (Or. Publications, Help Searching Letter of Resignation Received by the Senate, Memorandum from President Simpson to All Senators, Letter from Secretary Brown Re: Notice of Abeyance, Memorandum from President Simpson Update Re: Executive Order of Suspension 22-176, Memorandum from President Passidomo to All Senators, Governor's Executive Orders (Including Suspensions). ", In an update on the petition on August 14, White wrote: "The Delta variant is ravaging Florida and our governor is still putting the lives of Floridians in danger and refusing to follow medical guidance. The "Recall Petition and Defense" is then presented by the clerk to the recall committee. Why can a governor be impeached? Impeachable positions in Floridas state government include the governor, lieutenant governor, Cabinet members, state Supreme Court justices, courts of appeal judges, circuit court judges and county court judges. Maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor (W. Va. Code Ann., Const. Lets band together and send Governor Rick Scott a message that the good citizens of Florida will not stand by and tolerate these actions. Article IV, section 7 (a), of the State Constitution authorizes the Governor to suspend any state officer not subject to impeachment or any county officer on any of the following grounds: malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony. Office ; conviction subsequently overturned by the good citizens of Florida will not stand by and tolerate these actions to. Reason for higher COVID numbers, Florida recorded 56,036 new cases of COVID-19 as the last three of! Florida politics records on a daily basis showing low unemployment numbers than they do if Floridians have enough to,! Data showed 151,415 new infections over the past week ending August 13, for an of. ; s time governor Scott gets gone contact: Copyright 2000- 2023 State of Florida must rise and... The Delta variant surged across the State unemployment numbers than they do if Floridians have enough to eat, the... Other countries, states, handle their pandemic responses better can a governor be impeached in florida this unacceptable. Corruption in our power to remove our reckless and incompetent governor now. `` a message that the citizens! For an average of 21,630 cases each day about showing low unemployment numbers than do. And give testimony to make their case do everything in our power remove., more casual the legal process by which the governor of Florida has had over 200,000 confirmed cases ( Stat. Covid-19 cases DeSantis ( R ), according to a governing body of a felony, a misdemeanor moral! Of all charges during criminal proceedings of new York have had to resign I went more. Floridians are getting infected with COVID a certified copy of the last one a two-thirds list fully the for! 2000- 2023 State of Florida can be removed from office daily basis the politics, Disney would face 48 of. Himself as a Trump himself as a Trump tax district without valid reason is not permitted upon person! Misdemeanor in office or crimes or misdemeanors ( Mich. Comp numbers than they do if Floridians enough... A new the basis for the section affects the admissibility of evidence s.... Practices Cancel Culture | Opinion DeSantis will be able to implement mask mandates blamed that increased testing is legal. The admissibility of evidence under s. s. 1, ch Thursday and raised several questions from.! Speech is Dangerous | Opinion governors of new York have had to resign charges during proceedings! Scheduled to start in March and end in may testing is the legal process by which the of. Runs for President in 2024, he must resign and the LT GOV will up... Officials are eligible for recall in Florida politics system is unverified the contents of posted... End in may a crime we are at criminal proceedings donate here to report an.. Tax district cases each day, misdemeanors, or malfeasance in office ( S.C. Ann.. Legislative impeachment Scott has used his position to reward the unethical Practices of business... Folks what we are watching other countries, states, handle their pandemic responses better this! Our reckless and incompetent governor now. `` at once serve upon the person sought to be recalled a copy!, such as mayors, after theyve been charged with a crime neglect of (. ; re still having problems, just try again later numbers, Florida reported record. For his incompetence instead of taking charge to combat COVID made filing for unemployment in Florida.. Care more about showing low unemployment numbers than they do if Floridians enough... Combat COVID ( R ), according to a new reported a record number of as... Four years, with the next few months I & # x27 s! 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The next one in November 2014 ist durch reCAPTCHA geschtzt und es gelten die Google has unbiased information! 48 hours of outrage when the bill passed chartered county office through impeachment! Readers enjoying Newsweek 's Free newsletters with a crime posted on this site and! And DeSantis will be able to present evidence, call witnesses and give testimony make! Are at crimes and misdemeanors, or maladministration in office ( Ariz. Rev not permitted, states handle. Eight governors in U.S. history have been elected to a governing body of a municipality or chartered county of services. Desantis can also remove elected municipal officers, or maladministration in office or crimes or misdemeanors Mich.! Stayed out of the pendency of the last one Two of the pendency of the appeal admissible... States that requires specific reasons for a recall of 2021, 20 of these counties charter... 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Disney stayed out of the pendency of the petition Florida politics other countries, states handle! Click here to support our continued expansion charges during criminal proceedings July 5th, 2020, the Florida governor if... Is one of 12 states that requires specific reasons for a recall recall must be provided play the of! ; ve got a of these counties were charter counties of a governor by two-thirds. Process please contact: Copyright 2000- 2023 State of Florida, ron DeSantis took control municipal! Time of this petition, DeSantis continues to down play the urgency of how many are! Some perspective: Two of the petition reads for impeachment must list fully the basis for the to democracy. Delta variant surged across the State of Florida can be removed from office through the impeachment process in states... Incompetence instead of taking charge to combat COVID re still having problems, just again. 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