WHEREAS, Article IV, Section 7 of
the Florida Constitution provides in relevant part that, “the Governor may
suspend from office ... any county officer for ... neglect of duty ... [or]
incompetence”; and
WHEREAS, Scott Israel is
presently serving as the Sheriff for Broward County, Florida, having been
reelected by the voters of Broward County in 2016 for a four-year term; and
WHEREAS, pursuant to Florida
Statute § 30.15, it is the duty of elected sheriffs to be the conservators of
the peace in their respective counties; and
WHEREAS,
pursuant to Florida Statute § 30.07, “sheriffs may appoint deputies to act
under them who shall have the same power as the sheriff appointing them, and
for the neglect and default of whom in the execution of their office the sheriff
shall be responsible”; and
WHEREAS,
sheriffs are responsible for appointing command staff who are responsible for
the training, response and security within the counties, including airports,
seaports and schools within their jurisdiction; and
WHEREAS, sheriffs are responsible
for the recruitment, hiring and promotion of their command staff and deputy
sheriffs; and
WHEREAS, on
February 14, 2018, Marjory Stoneman Douglas High School in Parkland, Broward
County, Florida, experienced a tragic shooting, taking the lives of seventeen
students and staff members; and
WHEREAS, prior
to the shooting at Marjory Stoneman Douglas High School, Broward County
Sheriffs Office had a total of 21 interactions with the shooter, including two
incidents that an internal affairs investigation later found warranted
additional follow-up; and
WHEREAS, the
first of the above incidents occurred in February 2016 when the Marjory
Stoneman Douglas shooter posted a picture of a gun with a statement similar to
“I am going to get this gun when I turn 18 and shoot up the school”; and
WHEREAS,
Broward County Deputy Eason, acting on behalf of and in place of Sheriff
Israel, did not complete an incident report, but instead noted in CAD, “No
threats noted and info forwarded to (SRO) Peterson at school.”; and
WHEREAS, the
second of the above incidents occurred in November 2017 when Broward County
Sheriffs Office received a call that the Marjory Stoneman Douglas shooter “had
weapons and wanted to join the military to kill people” and “that [he] ‘might
be a Columbine in the making’ and was a threat to kill himself.”; and
WHEREAS, Broward County Deputy
Treijs, acting on behalf of and in place of Sheriff Israel, did not complete an
incident report, but instead noted in CAD that the Marjory Stoneman Douglas
shooter was autistic, his location was unknown, and directed the caller to
contact another police department; and WHEREAS, on February 14, 2018, Broward
County Deputy Scot Peterson was at all times acting on behalf of and in place
of Sheriff Israel while serving as the School Resource Officer at Marjory
Stoneman Douglas High School; and
WHEREAS, on
February 14, 2018, Broward County Deputy Peterson exercised the discretion of
Sheriff Israel consciously deciding not to engage the Marjory Stoneman Douglas
shooter, while the shooter was actively killing and attempting to kill the
students and teachers of Marjory Stoneman Douglas High School; and
WHEREAS,
according to the Marjory Stoneman Douglas Public Safety Commission Report dated
January 2, 2019, there were six other Broward County Sheriff Deputies acting on
behalf of and in place of Sheriff Israel who were in close proximity to the
Marjory Stoneman Douglas High School that “did not immediately move towards the
gunshots to confront the shooter”; and
WHEREAS,
Sheriff Israel is responsible for developing, implementing and training his
deputies on policy related to active shooters; and
WHEREAS,
Sheriff Israel is responsible for inserting into the Broward County Sheriffs
Office Active Shooter Policy that a deputy “may” enter the area or structure to
engage an active shooter and preserve life; and
WHEREAS, on
November 15, 2018, Sheriff Israel stated to the Marjory Stoneman Douglas Public
Safety Commission “that he wanted his deputies to exercise discretion and he
did not want them engaging in ‘suicide missions.’”; and
WHEREAS, as
noted by the Marjory Stoneman Douglas Public Safety Commission Report dated
January 2, 2019, Broward County Sheriffs Office policy for responding to an
active shooter situation is inconsistent with current and standard law
enforcement practices; and
WHEREAS, even
if the duty to engage an active shooter was discretionary, the responsibility
for the exercise of that discretion falls upon the elected sheriff; and
WHEREAS, the Marjory Stoneman
Douglas Public Safety Commission Report further revealed a failure on the part
of Sheriff Israel and his deputies to timely establish an incident command
center; and WHEREAS, to meet the Sheriffs duty to be the conservator of the
peace, it is necessary for the Sheriff to provide adequate, up-to-date,
frequent, thorough and realistic training to handle high-risk, high- stress
situations, including mass casualty incidents; and
WHEREAS,
Sheriff Israel’s deputies interviewed by the Marjory Stoneman Douglas Public
Safety Commission could not remember the last time they attended active shooter
training or what type of training they received; and
WHEREAS, on
January 6, 2017, a tragic shooting occurred at the Fort Lauderdale-Hollywood
Airport in Broward County, Florida, taking the lives of five and injuring
dozens more; and
WHEREAS,
during the shooting at the Fort Lauderdale-Hollywood Airport the Broward County
Sheriffs Office failed to contain and maintain security resulting in a breach
of airport security; and
WHEREAS, an
internal investigation into the Fort Lauderdale Airport shooting uncovered a
lack of leadership by Sheriff Israel, including: a failure by Sheriff Israel to
establish proper containment procedures for the crime scene, a failure by
Sheriff Israel to establish a centralized command and response, a failure by
Sheriff Israel to provide his deputies adequate, thorough and realistic
training, and a failure by Sheriff Israel to establish an appropriate response
to a mass casualty incident; and
WHEREAS, the
investigation also revealed that Sheriff Israel’s neglect of duty and
incompetence lead to “most of the law enforcement personnel who responded
[lacking] clear instructions, objectives, and roles.”; and
WHEREAS, Sheriff Israel has
egregiously failed in his duties as Sheriff for Broward County; and WHEREAS,
Sheriff Israel failed to maintain a culture of vigilance and thoroughness
amongst his deputies in protecting the peace in Broward County, Florida; and
WHEREAS,
Sheriff Israel has demonstrated during multiple incidents that he has not
provided for the proper training of his deputies; and
WHEREAS, two
separate reports into the recent mass casualty shootings in Broward County specifically
found that Sheriff Israel has not and does not provide frequent training for
his deputies resulting in the deaths of twenty-two individuals and a response
that is inadequate for the future safety of Broward County residents; and
WHEREAS, two separate
reports into the recent mass casualty shootings in Broward County specifically
found that Sheriff Israel has not implemented proper protocols to provide
guaranteed access to emergency services, nor proper protocols to have timely,
unified command centers setup to control a crime scene, leading to confusion, a
lack of recognized chain-of-command, and ultimately a failure to contain the
dangerous situation; and
WHEREAS,
Sheriff Israel has contravened his oath of office as set forth in Article II,
section 5, of the Florida Constitution, to “...faithfully perform the duties”
of Sheriff of Broward County, Florida; and
WHEREAS, due
to his demonstrated neglect of duty and incompetence, Sheriff Israel can no
longer demonstrate the qualifications necessary to meet his duties in office;
and
WHEREAS, it is
in the best interests of the residents of Broward County, and the citizens of
the State of Florida, that Sheriff Israel be immediately suspended from the
public office, which he now holds;
NOW,
THEREFORE, I, RON DESANTIS, Governor of Florida, pursuant to the Constitution
and the laws of the State of Florida, do hereby find, determine, and for the
purposes of Article IV, section 7, of the Florida Constitution, allege as
follows:
A.
Scott Israel is, and at all times material was,
the Sheriff for Broward County, Florida.
B.
The office of sheriff is within the purview of
the suspension powers of the Governor, pursuant to Article IV, section 7, of
the Florida Constitution.
C.
The actions and omissions of Scott Israel as
referenced above and as noted in the Marjory Stoneman Douglas Public Safety
Commission Report, dated January 2, 2019 and attached hereto,
constitute neglect of duty and
incompetence for the purposes of Article IV, section 7, of the Florida
Constitution.
D.
If, after execution of this suspension,
additional facts are discovered that illustrate further neglect of duty and
incompetence—or other constitutional grounds for suspension of Sheriff
Israel—this Executive Order may be amended to allege those additional facts.
BEING FULLY
ADVISED in the premises, and in accordance with the Constitution and the laws
of the State of Florida, this Executive Order is issued, effective immediately:
Section 1. Scott
Israel is hereby suspended from the public office that he now holds, to wit:
Sheriff for Broward County, Florida.
Section 2.
Scott Israel is hereby prohibited from performing any official act, duty, or
function of public office; from receiving any pay or allowance; and from being
entitled to any of the emoluments or privileges of public office during the
period of this suspension, which period shall be from the effective date
hereof, until a further executive order is issued, or as otherwise provided by
law.
set my hand and caused the Great Seal of the State of Florida
to be affixed, at
Tallahassee, this 11th day of January, 2019.
CO
CO
