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Florida House Democrats want AG Uthmeier impeached. How does impeachment work?

A man with brown hair and a beard and wearing glasses speaks in front of a microphone. He has on a red tie and blue jacket.
Rebecca Blackwell
/
AP
Florida Attorney General James Uthmeier speaks during a meeting between Gov. Ron DeSantis and the state cabinet at the Florida Capitol in Tallahassee, Florida, Wednesday, March 5, 2025.

Florida House Democrats want Attorney General James Uthmeier impeached over the Hope Florida controversy. But what would it actually take to remove him from office? Republicans aren't likely to go for it.

Florida House Democrats are calling for the impeachment of state Attorney General James Uthmeier.

It comes after a leaked grand jury report saying the DeSantis administration misappropriated taxpayer money.

Settlement money meant for needy children went to the Hope Florida Foundation, a charity, and from there traveled to other groups to oppose the unsuccessful 2024 recreational marijuana ballot proposal.

Before Gov. Ron DeSantis appointed him as attorney general, Uthmeier was his chief of staff.

The grand jury says Uthmeier was involved in directing the money.

It didn't issue any indictments, saying no one would take responsibility or say they remembered who was responsible for the Hope Florida transfer.

Uthmeier insists there was no wrongdoing and says the only person who broke the law was the person who leaked the report to CBS News Miami.

But House Democrats say there needs to be accountability.

"This is a betrayal of the public trust, and everyone involved should be held accountable for their actions," said House Democratic Leader Fentrice Driskell of Tampa.

How does impeachment work?

Some Republicans are joining Democrats to call for reform after the leak, including U.S. Rep. Byron Donalds, the Republican nominee for governor.

But legislative Republicans are not likely to consider impeachment.

House leadership representatives didn't respond to WUSF's questions.

Senate President-Designate Jim Boyd sent a statement that didn't directly address the Hope Florida controversy and Uthmeier: "As Senate President, I will fight for every hard-earned tax dollar Floridians contribute to ensure it brings meaningful benefit to the families we serve," he said.

Impeachment proceedings have to start in the Florida House.

Here's who can be impeached, per the state Constitution: "The governor, lieutenant governor, members of the cabinet, justices of the supreme court, judges of district courts of appeal, judges of circuit courts, and judges of county courts shall be liable to impeachment for misdemeanor in office."

The House speaker can appoint a committee to investigate charges against an official. Regardless, the House can impeach that official with a two-thirds vote.

Impeached officials are sidelined, prevented from doing official duties until and unless the Senate acquits them. The governor can appoint someone to temporarily take their place.

The House impeachments are tried in the Senate.

The Florida Supreme Court's chief justice — or a justice appointed by that person — would preside over the trial. (If it's the chief justice who gets impeached, the governor steps in.)

That trial must happen within six months of the initial impeachment.

After, there can't be a "conviction" without two-thirds of the present senators voting for it. A conviction means that official is removed from office and, if the Senate chooses, barred from future public office.

How does Uthmeier respond?

Uthmeier's deputy chief of staff, Jeremy Redfern, dismissed the impeachment push and criticized Democrats for not seeking the impeachment of a judge in an unrelated case.

"House Democrats’ calls for impeachment are about as relevant as their super minority in the Legislature," Redfern wrote in an email.

"The left never misses an opportunity to weaponize the government over a hoax, but they remain silent on impeaching Judge Tiffany Baker after she let a 5-year-old girl get murdered by a convicted child predator," he continued. "It really shows where their priorities lie."

Yet Republican lawmakers have supermajority control and have not pursued Baker's impeachment, despite DeSantis' and Uthmeier's urging. (Former House Speaker Daniel Perez said that "future legislatures can make that decision.")

Some advocacy organizations, like Equal Ground, say it wasn't clear whether Baker had full information about the defendant's risk, with "reports suggesting prosecutors may not have fully presented the danger."

Equal Ground is a Black-led Florida voting rights group. It warned impeaching Baker under those circumstances could threaten judicial independence.

More on what Democrats want

Uthmeier wasn't the only official mentioned in the report.

It also details how Former Attorney General Ashley Moody's office signed off on the settlement.

DeSantis has since appointed her to the U.S. Senate. Moody is pushing back on any criticism, saying the Florida Agency for Health Care Administration (AHCA) negotiated the settlement, not her office. Moody also says she didn't know where the money would ultimately end up.

Regardless, the Legislature doesn't have the constitutional power to impeach her, since she's in a federal office.

But House Democrats are calling on its chamber leadership to create a committee to investigate and call a special session to consider impeaching Uthmeier and "other individuals implicated."

They didn't specify who.

Moody and Uthmeier aren't the only people named in the grand jury report whom DeSantis later appointed to a new position.

DeSantis also appointed Moody's former chief deputy who signed the settlement, John Guard, as a state appeals court judge. And DeSantis appointed Andrew Sheeran, AHCA general counsel at the time of the settlement, to a circuit judge position.

Jason Weida, the former AHCA secretary, is now DeSantis' chief of staff.

If you have any questions about state government or the legislative process, you can ask the Your Florida team by clicking here.

This story was produced by WUSF as part of a statewide journalism initiative funded by the Corporation for Public Broadcasting.

Tallahassee can feel far away — especially for anyone who’s driven on a congested Florida interstate. But for me, it’s home.
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