The Broward school board member-elect whose seat was declared vacant by Florida Gov. Ron DeSantis over a decades-old felony conviction is suing the governor and the man who was appointed to the seat.
The lawsuit filed Monday seeks to have Rod Velez sworn into office to represent District 1 on the Broward County School Board, which is currently being held by Daniel Foganholi.
Velez won the District 1 seat in November and was set to be sworn in On Dec. 22 but was blocked by an executive order signed by DeSantis.
"Per Florida Statutes, a vacancy in office occurs 'upon the refusal of the person elected or appointed to accept the office,' and that a vacancy in office shall occur 'upon the failure of a person elected or appointed to office to qualify for office within 30 days from the commencement of the term of office,'" DeSantis order read.
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The suit said DeSantis' executive order was issued prematurely, since the law states a vacancy occurs after 30 days and the rest of the school board had been sworn in on Nov. 22, exactly 30 days before Velez was set to be sworn in on Dec. 22.
The lawsuit also said Velez didn't "refuse" to take office but was waiting to be cleared by the Broward State Attorney's Office, which announced he wouldn't be prosecuted on Dec. 20, following a criminal complaint made by an opponent in the November race.
"Velez is eligible, and has a clear legal right, to hold the office of Broward County School Board, District 1, as overwhelmingly chosen by the voters," the suit said.
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Velez had been charged with felony aggravated assault with a deadly weapon and pleaded guilty to a lesser charge in 1995, when he was a teenager.
According to his lawsuit, Velez is eligible to hold office under a 2018 amendment to Florida's constitution that restores voting rights of convicted felons.
After issuing the executive order, DeSantis announced that Foganholi would be taking Velez's spot on the board.
Foganholi, of Coral Springs, just finished a short term as a school board member for District 5 after being sworn-in in May to replace Dr. Rosalind Osgood, who was elected to the Florida State Senate.
