Benedict Benedict "Ben" Kuehne, with Kuehne Davis Law. Courtesy photo

The Miami-based litigator representing former Broward County Sheriff Scott Israel is evaluating whether more legal action will follow a vote by the Florida Senate to uphold Israel's ouster from office by Florida Gov. Ron DeSantis.

Benedict "Ben" Kuehne said Israel has authorized him to determine if the law enforcement officer's forced removal from his elected position constituted a violation of due process.

"If there is an actionable denial of due process that infringed the people's right to choose their sheriff by election, then there will be an opportunity for litigation, perhaps in the Florida Supreme Court or perhaps in federal court," the attorney said, adding a potential lawsuit "has to be more fully evaluated."

"If my research determines there is a significant case, I will make appropriate recommendations to the sheriff," Kuehne said.

The Florida Senate in a 25-15 vote Wednesday declined to reinstate Israel as Broward County sheriff. The senate's decision upheld Executive Order 19-14, the suspension order issued by DeSantis against Israel in January, and disregarded the recommendation of Florida Senate Special Master Dudley Goodlette to reinstate the ex-sheriff. Goodlette, an attorney and former member of the Florida House of Representatives, said DeSantis failed to substantiate his charges of negligence and incompetence against Israel.

The governor's executive order said the responses by the Broward Sheriff's Office to mass shootings at the Fort Lauderdale-Hollywood International Airport and Marjory Stoneman Douglas High School, in January 2017 and February 2018 respectively, demonstrated failed leadership on Israel's part.

Kuehne criticized the results of the vote, calling it a "totally political process" and "completely contrary" to the Florida Supreme Court's order regarding the hearing.

"The Florida Supreme Court has made clear that the process of senate review must be based on evidence and cannot be arbitrary," Kuehne said, adding DeSantis' senate allies "decided to change the rules, tilt the playing field and absolve the governor of any obligation under the Constitution to prove the case by evidence."

Israel's case against DeSantis landed before the Florida Senate after both the state's appellate and supreme courts ruled in favor of the governor, authorizing his ability to remove elected officials via decree.

Kuehne said a prospective case before the Florida Supreme Court would challenge what he calls the arbitrary nature of the senate's review process. The attorney cited State ex rel. Hardie v. Coleman, a 1934 Florida Supreme Court ruling that stressed the seriousness of stripping elected officials of their title.

"It says in its text that the process cannot be an arbitrary one; that means it can't be based on whim or conjecture, it has to be based on real evidence," Kuehne said.

Meanwhile, DeSantis thanked the Florida Senate for its decision.

"I felt this needed to be done and the majority in the Senate agreed," he said in a statement. "I hope the outcome provides some measure of relief to the Parkland families that have been doggedly pursuing accountability."

Israel has said he will campaign for the position of Broward County sheriff in the 2020 elections.

Related stories:

Ousted Broward Sheriff Scott Israel Appeals to Florida Senate for Reinstatement

Ex-Broward Sheriff Scott Israel's Reinstatement Recommended by Special Master

Florida Senate Panel Backs Ouster of Broward Sheriff