A Brevard County judge's decision to retire days before his term ended has canceled an election for his seat, triggering a legal challenge against Governor Ron DeSantis. Judge Benjamin Garagozlo announced his retirement in a letter dated April 15, just days before the August election that would have filled his vacancy. State law now allows DeSantis to appoint a replacement, a move that has drawn criticism from a former judicial candidate who filed a lawsuit last week. The lawsuit claims the governor is exploiting a technicality to skip the election process and install a preferred judge.
Garagozlo's retirement comes months before his term was set to end in December 2026. Under Florida statutes, when a judge leaves before their term concludes, the governor can appoint a successor to serve until the next election, which in this case would not occur until 2028. DeSantis has confirmed he will name a replacement, effectively canceling the August election. The decision has raised questions about the timing of Garagozlo's retirement, which occurred just weeks after the filing deadline for judicial candidates.
A court spokeswoman said judges often retire at year-end for administrative reasons and noted no prior elections had been canceled due to such retirements. However, the lawsuit argues the governor's office is using the gap between Garagozlo's retirement and the end of his term to sidestep voters. The plaintiff, who ran for the seat but did not win, alleges the process violates the intent of the state's judicial election laws.
Similar cases have emerged in other Florida counties, according to court records. The lawsuit seeks to block DeSantis' appointment and force a special election. A hearing is scheduled for May 15 in Brevard County Circuit Court. The outcome could set a precedent for how judicial vacancies are handled when officials retire early.