DeSantis hasn’t ruled out suspending the Democratic state attorney again, and a leaked email titled “the future is uncertain” has sparked speculation that her political path forward might not be clear.
In the email, Orange-Osceola State Attorney Andrew Bain, a DeSantis appointee, told his staff on Monday that he didn’t think he could legally help Worrell take over his seat. He wrote that the governor’s 2023 suspension order could block Worrell from taking office on Jan. 7, calling the situation an “unprecedented legal event without clear answers.”
Bain backtracked after the email became public, issuing a statement that he “is ready and willing to ensure a smooth transition.” His office has not answered questions on what prompted the email or its reversal several hours later.
In his email, Bain cited a 2019 case that he said bolsters his view that a governor’s suspension of an elected official could extend into a new term. But some legal experts question that idea, saying they think Worrell’s victory means the suspension is lifted, though DeSantis could conceivably suspend her again.
DeSantis’ critics wonder if the governor is preparing to take that course.
“I don’t think these are the type of people who know how to accept defeat,” said Thomas Feiter, an Orlando lawyer who ran for state attorney as a Republican but has been critical of DeSantis.
In September, DeSantis dodged a reporter’s question about what he’d do if voters reelected Worrell and Hillsborough County State Attorney Andrew Warren, who also was suspended by DeSantis. Warren later lost his reelection bid.
Though DeSantis didn’t reveal his plans, he made clear his dissatisfaction with the two Democratic state attorneys. “You need prosecutors that are going be guided by the law, that are going to enforce the law without fear or favor,” he said. “They are not going be bringing in a political agenda.”
The governor’s office did not respond to an email this week asking if DeSantis will re-suspend Worrell or try to block her from taking office.
DeSantis suspended Worrell in August 2023 and then appointed Bain to the post. He accused her of neglecting her duties and failing to aggressively prosecute crime, allegations that Worrell vigorously denies. As he campaigned for president, DeSantis touted the suspensions to conservative voters as an example of how he was taking on liberal prosecutors.
Orange and Osceola voters saw Worrell’s performance differently. Worrelldefeated Bain with about 57 percent of the vote.
In his email to staff, Bain reasoned that the suspension could only be lifted by DeSantis or by a vote from the Florida Senate, which is charged with upholding or overturning suspensions.
Two legal experts disagreed with Bain’s legal analysis. Though Florida law is somewhat vague on the issue, a reasonable interpretation would be a suspension is temporary and could not extend into a new term, said Lou Virelli, a professor at Stetson Law.
“The best reading of the Florida Constitution is to say the election wipes the slate clean,” he said.
Bob Jarvis, a law professor at Nova Southeastern University, pointed to an 1893 legal opinion in which justices wrote that a Duval County tax collector who had been suspended could reclaim his office.
While DeSantis has the authority to re-suspend Worrell, he would likely need new grounds for doing so, Jarvis said.
In his email, Bain referenced a 2019 concurring opinion from former Florida Supreme Court Justice Barbara Lagoa, who was appointed to the court by DeSantis. That case stemmed from a legal challenge brought by former Okaloosa County Superintendent of Schools Mary Beth Jackson, who DeSantis suspended following scathing grand jury reports criticizing her handling of child abuse allegations in the district.
In the opinion siding with DeSantis, Lagoa wrote the governor has broad authority to suspend officials, concluding that “nothing in the constitutional text limits the executive suspension power to acts occurring within the suspended officer’s current term.”
But that language addresses only the possible basis for a suspension, not whether the suspension itself can endure into a future term, Jarvis said.
DeSantis left the suspension period open-ended in his August 2023 order ousting Worrell, writing that it would be “from the effective date hereof, until a further executive order is issued, or as otherwise provided by law.”
As legal questions swirl, Worrell is focused on the job ahead, her spokeswoman Keisha Mulfort said in an email.
“This moment marks a powerful reclamation of justice and accountability, and State Attorney Worrell remains steadfast in her mission to serve the people with integrity and resolve,” she said.
Though DeSantis has not indicated what, if anything, he might do with Worrell, he told reporters in 2019 he wouldn’t re-suspend ex-Broward County Sheriff Scott Israel if he won reelection. DeSantis suspended Israel over his agency’s handling of the 2018 Parkland school shooting. Israel ran to get his job back but ultimately lost.
“No, no, no. The people can make that decision going forward,” DeSantis said then.
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