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03/05/2019 Journal 160 JOURNAL OF THE SENATE March 5, 2019 The Committee on Health Policy recommends a committee substitute WHEREAS, it is in the best interests of the residents of Jefferson for the following: CS for SB 322 County, and the citizens of the State of Florida, that Kirk Reams be immediately suspended from the public office he now holds, upon the The Committee on Innovation, Industry, and Technology recommends grounds set forth in this Executive Order. a committee substitute for the following: CS for SB 182 NOW, THEREFORE, I, RICK SCOTT, Governor of Florida, pursuant The Committee on Judiciary recommends committee substitutes for to Article IV, Section 7, Florida Constitution, Florida Statues, find as the following: SB 124; SB 262; SM 804 follows: The bills with committee substitute attached contained in the A. Kirk Reams is, and at all times material hereto, was serving as foregoing reports were referred to the Committee on Rules the Clerk of Court of Jefferson County, Florida. under the original reference. B. The office of Clerk of Court of Jefferson County, Florida, is within the purview of the suspension powers of the Governor, pursuant to Article IV, Section 7, of the Florida Constitution. The Committee on Rules recommends committee substitutes for the C. An investigation by the Florida Department of Law Enforce- following: CS for CS for SB 182; SB 7006 ment revealed Kirk Reams committed malfeasance and/or misfeasance in the abuse of his position of public trust through The bills with committee substitute attached were placed on the improper acts described above, as evidenced by the Affi- the Calendar. davit in Support of Arrest Warrant attached hereto, which is incorporated as if fully set forth in this Executive Order. D. Kirk Reams has been arrested and charged with one count of REPORTS OF SUBCOMMITTEES Petit Theft ($100 or more), a first-degree misdemeanor in violation of section 812.014(2)(e), Florida Statutes, as evi- The Appropriations Subcommittee on Health and Human Services denced by the Warrant attached hereto, which is incorporated recommends the following pass: CS for SB 104; SB 184 as if fully set forth in this Executive Order. The Appropriations Subcommittee on Transportation, Tourism, and BEING FULLY ADVISED in the premises, and in accordance with Economic Development recommends the following pass: SB 178; SB 414 the Constitution and the laws of the State of Florida, this Executive Order is issued, effective immediately: The bills contained in the foregoing reports were referred to the Committee on Appropriations under the original reference. Section 1. Kirk Reams is suspended from the public office that he now holds, to wit: Clerk of Court of Jefferson County, Florida. The Appropriations Subcommittee on Agriculture, Environment, and Section 2. Kirk Reams is prohibited from performing any official act, General Government recommends a committee substitute for the fol- duty, or function of public office; from receiving any pay or allowance; lowing: CS for SB 92 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 Appropriations Subcommittee on Health and Human Services today, until a further Executive Order is issued, or as otherwise pro- recommends a committee substitute for the following: CS for SB 188 vided by law. The bills with committee substitute attached contained in the IN TESTIMONY WHEREOF, I have hereunto foregoing reports were referred to the Committee on Appro- set my hand and have caused the Great Seal of priations under the original reference. the State of Florida to be affixed at Tallahassee, this 18th day of October, 2017. MESSAGES FROM THE GOVERNOR AND Rick Scott OTHER EXECUTIVE COMMUNICATIONS GOVERNOR ATTEST: EXECUTIVE BUSINESS Ken Detzner SECRETARY OF STATE The following Executive Orders were filed with the Secretary: EXECUTIVE ORDER NUMBER 18-341 SUSPENSION REPORTS WHEREAS, on October 18, 2017, I issued Executive Order 17-273 EXECUTIVE ORDER NUMBER 17-273 suspending Kirk Reams from the Office of Clerk of the Court for Jef- (Executive Order of Suspension) ferson County, Florida; and WHEREAS, Kirk Reams is currently serving as the Clerk of Court of WHEREAS, Article IV, section 7, Florida Constitution provides that a Jefferson County, Florida; and suspended officer may be reinstated by the Governor at any time prior to removal; WHEREAS, an investigation by the Florida Department of Law En- forcement (“FDLE”) has revealed Kirk Reams improperly used his of- NOW THEREFORE, I, RICK SCOTT, Governor of Florida, pursuant ficial position to gain access to a government facility after business to section Article IV, Section 7(a), Florida Constitution, issue this Ex- hours in February 2013 for the purpose of engaging in inappropriate ecutive Order: conduct with a paramour therein; and Section 1. Effective December 1,2018, Kirk Reams is reinstated to the WHEREAS, the FDLE investigation further revealed Kirk Reams public office that he held at the time of the above-mentioned suspension, misappropriated the resources of his public office between January 2013 to-wit Clerk of the Court for Jefferson County, Florida. and February 2014 by providing the paramour with unauthorized ac- cess to, and personal use of, a government laptop computer purchased Section 2. Effective December 1, 2018, Executive Order 17-273 is re- and owned by the Jefferson County Commission; and voked and the suspension of Kirk Reams is terminated. WHEREAS, Article IV, Section 7, Florida Constitution, provides that IN TESTIMONY WHEREOF, I have hereunto the Governor may suspend from office any county officer for mal- set my hand and seal of the State of Florida to be feasance, misfeasance, neglect of duty, drunkenness, incompetence, affixed at Tallahassee this 30th day of No- permanent inability to perform official duties, or commission of a felony; vember, 2018. and March 5, 2019 JOURNAL OF THE SENATE 161 Rick Scott IN TESTIMONY WHEREOF, I have hereunto GOVERNOR set my hand and have caused the Great Seal of the State of Florida to be affixed at Tallahassee, ATTEST: this 26th day of April, 2018. Ken Detzner SECRETARY OF STATE Rick Scott GOVERNOR [This matter having been resolved was closed.] ATTEST: Ken Detzner EXECUTIVE ORDER NUMBER 18-121 SECRETARY OF STATE (Executive Order of Suspension) [Referred to the Committee on Rules] WHEREAS, Nicholas William Nicholson (Nicholson) is currently serving as County Commissioner for District One of the Hernando Board of County Commissioners in Hernando County, Florida; and The Florida Senate February 21, 2019 WHEREAS, on April 19, 2018, Nicholson was arrested based on an Office of the Secretary arrest warrant alleging that he committed the following offenses: two 404 S. Monroe Street counts of purchasing the services of any person engaged in prostitution Tallahassee, FL 32399-1100 and one count of owning, maintaining, or operating any place, structure, In Re: EO Number 18-121 building, or conveyance for the purpose of lewdness, assignation, or prostitution; and Dear Secretary Brown, WHEREAS, on April 26, 2018, Nicholson was charged by information I understand that my previous letter did not make clear my inten- with two counts of purchasing the services of any person engaged in tions. I am resigning my office immediately. prostitution and one count of owning, maintaining, or operating any place, structure, building, or conveyance for the purpose of lewdness, Very Truly Yours, assignation, or prostitution; and Nicholas W. Nicholson WHEREAS, Article IV, Section 7, Florida Constitution, provides that the Governor may suspend from office any county officer for mal- feasance, misfeasance, neglect of duty, drunkenness, incompetence, MEMORANDUM permanent inability to perform official duties, or commission of a felony; and To: Debbie Brown, Secretary From: Bill Galvano, President WHEREAS, it is in the best interests of the residents of Hernando Subject: Executive Order of Suspension Number 18-121 County, and the citizens of the State of Florida, that Nicholson be im- Date: March 4, 2019 mediately suspended from the public office he now holds, upon the grounds set forth in this executive order. On February 4, 2019, I referred Executive Order Number 18-121 re- garding the suspension of Nicholas W. Nicholson from the office of NOW, THEREFORE, I, RICK SCOTT, Governor of Florida, pursuant County Commissioner for District One of the Hernando County Board of to Article IV, Section 7, Florida Constitution, Florida Statues, find as County Commissioners to the Senate Committee on Rules. follows: The Senate has received a letter of resignation from Nicholas W. Nicholson, dated February 21, 2019, in which he has resigned from A. Nicholas William Nicholson is, and at all times material office as County Commissioner for District One of the Hernando County hereto was, serving as County Commissioner in and for Her- Board of County Commissioners. nando County, Florida. B. The office of County Commissioner for Hernando County, Based on the resignation, the referral to the Senate Committee on Florida, is within the purview of the suspension powers of the Rules is withdrawn. There being no further action required by the Governor, pursuant to Article IV, Section 7, of the Florida Senate on this suspension, the matter is closed. Constitution. C. On April 26, 2018, Nicholson was charged by information with two counts of purchasing the services of any person engaged in EXECUTIVE ORDER NUMBER 18-203 prostitution and one count of owning, maintaining, or oper- ating any place, structure, building, or conveyance for the WHEREAS, Nichole Cummings (Cummings) is presently serving as a purpose of lewdness, assignation, or prostitution in violation of member of the Putnam County School Board; and section 796.07, Florida Statutes, D. Nicholson has committed malfeasance through the improper WHEREAS, on June 29, 2018, Cummings was charged by Informa- acts described above, as evidenced by the attached Informa- tion with Grand Theft, a third-degree felony in violation of section tion, which is incorporated as if fully stated in this Executive 812.014, Florida Statutes; and Order, necessitating his suspension from office.
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