Brevard judge's retirement cancels election, provokes suit against DeSantis

A Brevard County judge's recent decision to retire just days before his term would otherwise end has resulted in the cancellation of the upcoming election for the seat.

One of the former candidates for that seat has filed a lawsuit against Gov. Ron DeSantis, claiming that he is using routine days-long gap between the judge's retirement and the official end of his term to cancel the election of the judge's replacement and instead choose a new judge himself.

On April 15, county court Judge Benjamin Garagozlo wrote a letter announcing that he would retire at the end of the year, only days before a newly elected judge would take over his seat following this August's elections.

Because Garagozlo is leaving before the end of his term, state law allows for the governor, who himself would be in the final days of his term, to appoint a replacement to serve out the remaining days of his term and to continue to serve until the next election after that, which would not be until 2028.



https://www.floridatoday.com/story/news/2026/04/27/brevard-judges-retirement-cancels-election-provokes-suit-against-desantis/89824682007/