Treasure, Inc. v. State Beverage Department

The majority opinion equates an appointment by the Governor of a substitute tem*587porary hearing officer for the State Beverage Director pursuant to the authority of F.S. Section 120.09(2) (3) F.S.A., with the constitutional filling of an “unexpired term” because of vacancy in office which usually occurs due to resignation, death or suspension from office. See Section 7, Article IV of the 1885 Constitution (relating to the Governor’s filling vacancies).

The majority opinion holds that all the formalities required in filling a vacancy in a state office in the constitutional sense for an unexpired…