Gov. Desantis fills Broward School Board seat after Rod Velez missed deadline
FORT LAUDERDALE - Time has run out for Rod Velez to be sworn in to serve on the Broward County School Board.
On Thursday, Governor Ron DeSantis issued an executive order declaring a vacancy in the District 1 seat on the board.
The issue stems from Velez's felony conviction in 1995. His candidacy led to a legal challenge disputing his qualifications.
Florida law change in 2018 and restored a felon's right to vote if they met certain conditions.
In 2020, Velez's voting rights were restored, but that didn't guarantee other civil rights, including holding public office.
"I wholeheartedly felt I was able to serve with just my Amendment 4 voting rights restored," explained Velez, referring back to when he filed to run for the school board seat in June.
The state attorney's office investigated the challenge and on Tuesday declined to file a criminal charge. On Wednesday, a judge granted his motion for dismissal in the case disputing his qualification to serve
However, one legal hurdle remained.
During the state prosecutor's investigation, they determined this week that he did not have his full rights restored and could not hold office without clemency from the state.
That didn't happen in time. State law requires an elected official to be sworn in within 30 days of an election being certified. The School Board's current term of office began on November 22nd.
Velez was set to be sworn in on Thursday, December 22nd, but the governor decided to declare the vacancy and appointed Daniel Foganholi to the seat. Foganholi was previously appointed to the board by DeSantis to fill the seat vacated by Dr. Rosalind Osgood who is now a state senator. He lost the seat in the November election.
In issuing his executive order, DeSantis cited a section of the Florida Constitution which states, "No person convicted of a felony .. . shall be qualified to . .. hold office until restoration of civil rights."
He said Velez's civil rights had not been restored and that Velez has publicly stated that he would continue to refuse to accept the office until receiving a favorable decision on a pending clemency application.
DeSantis cited a state statute that declares a vacancy in office shall occur "[u]pon the refusal of the person elected or appointed to accept the office."