Florida Senate - 2017                                    SB 1352
       
       
        
       By Senator Young
       
       
       
       
       
       18-00554-17                                           20171352__
    1                        A bill to be entitled                      
    2         An act relating to the Division of Administrative
    3         Hearings; amending s. 110.205, F.S.; revising
    4         positions at the division that are exempt from the
    5         Career Service System; amending s. 120.65, F.S.;
    6         requiring the Administration Commission to select from
    7         full-time administrative law judges employed with the
    8         division in appointing a division director; removing
    9         the requirement that the division director is subject
   10         to Senate confirmation; deleting provisions regarding
   11         minimum qualifications of the division director and
   12         deputy chief administrative law judges; requiring the
   13         Governor to appoint administrative law judges;
   14         prohibiting an administrative law judge from engaging
   15         in the private practice of law during his or her term
   16         of office; requiring the Governor to appoint
   17         administrative law judges from nominees recommended by
   18         a statewide nominating commission unless otherwise
   19         provided; specifying the composition and term lengths
   20         of members of the commission; prohibiting certain
   21         attorneys from serving on the commission; providing
   22         that meetings and determinations of the commission are
   23         open to the public; specifying term lengths of
   24         administrative law judges; prescribing procedures for
   25         the commission to review a judge’s performance before
   26         the expiration of a term; requiring the Governor to
   27         take certain action regarding a judge after the
   28         commission’s review; providing for initial
   29         appointments of administrative law judges and
   30         staggered terms; providing transitional provisions;
   31         providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Paragraph (r) of subsection (2) of section
   36  110.205, Florida Statutes, is amended to read:
   37         110.205 Career service; exemptions.—
   38         (2) EXEMPT POSITIONS.—The exempt positions that are not
   39  covered by this part include the following:
   40         (r) All positions not otherwise exempt under this
   41  subsection which require as a prerequisite to employment:
   42  licensure as a physician pursuant to chapter 458, licensure as
   43  an osteopathic physician pursuant to chapter 459, licensure as a
   44  chiropractic physician pursuant to chapter 460, including those
   45  positions which are occupied by employees who are exempted from
   46  licensure pursuant to s. 409.352; licensure as an engineer
   47  pursuant to chapter 471, which are supervisory positions; or for
   48  12 calendar months, which require as a prerequisite to
   49  employment that the employee have received the degree of
   50  Bachelor of Laws or Juris Doctor from a law school accredited by
   51  the American Bar Association and thereafter membership in The
   52  Florida Bar, except for any attorney who serves as an
   53  administrative law judge pursuant to s. 120.65 or for hearings
   54  conducted pursuant to s. 120.57(1)(a). Unless otherwise fixed by
   55  law, the department shall set the salary and benefits for these
   56  positions in accordance with the rules established for the
   57  Selected Exempt Service.
   58         Section 2. Subsections (1) through (4) of section 120.65,
   59  Florida Statutes, are amended to read:
   60         120.65 Administrative law judges.—
   61         (1) The Division of Administrative Hearings within the
   62  Department of Management Services shall be headed by the a
   63  director of the Division of Administrative Hearings. The
   64  director who shall be appointed by the Administration Commission
   65  and must be a full-time administrative law judge employed by the
   66  division and confirmed by the Senate. The director, who shall
   67  also serve as the chief administrative law judge, and any deputy
   68  chief administrative law judge must possess the same minimum
   69  qualifications as the administrative law judges employed by the
   70  division. The Deputy Chief Judge of Compensation Claims must
   71  possess the minimum qualifications established in s. 440.45(2)
   72  and shall report to the director. The division is shall be a
   73  separate budget entity, and the director shall be its agency
   74  head for all purposes. The Department of Management Services
   75  shall provide administrative support and service to the division
   76  to the extent requested by the director. The division is shall
   77  not be subject to control, supervision, or direction by the
   78  Department of Management Services in any manner, including, but
   79  not limited to, personnel, purchasing, transactions involving
   80  real or personal property, and budgetary matters.
   81         (2) The Governor shall appoint full-time administrative law
   82  judges to conduct hearings in accordance with this chapter. A
   83  person may not serve as an administrative law judge unless he or
   84  she has been a member of The Florida Bar in good standing for
   85  the previous 5 years. An administrative law judge may not engage
   86  in the private practice of law during his or her term of office.
   87         (a)1. Except as provided in paragraph (b), the Governor
   88  shall appoint an administrative law judge from a list of three
   89  persons nominated by a statewide nominating commission. The
   90  statewide nominating commission shall be composed of three
   91  members, at least one of whom must be a minority person as
   92  defined in s. 288.703, appointed by the Governor; two members
   93  appointed by the Attorney General; two members appointed by the
   94  Chief Financial Officer; and two members appointed by the
   95  Commissioner of Agriculture.
   96         2. Beginning July 1, 2017, the Governor and each member of
   97  the Cabinet shall appoint one member to serve a 2-year term and
   98  appoint the remaining members to serve 4-year terms. Thereafter,
   99  each member shall be appointed for a 4-year term. A vacancy
  100  occurring on the commission shall be filled by the original
  101  appointing authority for the unexpired balance of the term.
  102         3. An attorney who appears before any administrative law
  103  judge more than 4 times a year may not serve on the statewide
  104  nominating commission. The meetings and determinations of the
  105  nominating commission as to the administrative law judges shall
  106  be open to the public.
  107         (b) Each administrative law judge shall be appointed for a
  108  4-year term, but during his or her term of office may be removed
  109  by the Governor for cause. Before the expiration of a judge’s
  110  term of office, the statewide nominating commission shall review
  111  the judge’s conduct and determine whether the judge’s
  112  performance is satisfactory. In determining whether a judge’s
  113  performance is satisfactory, the commission shall consider the
  114  extent to which the judge has met the requirements of this
  115  chapter. The commission shall report its finding to the Governor
  116  no later than 6 months before the expiration of the judge’s term
  117  of office. The Governor shall review the commission’s report and
  118  may reappoint the administrative law judge for an additional 4
  119  year term. If the Governor does not reappoint the judge, the
  120  Governor shall inform the commission. The judge shall remain in
  121  office until the Governor has appointed a successor judge in
  122  accordance with this subsection. If a vacancy occurs during a
  123  judge’s unexpired term, the commission does not find the judge’s
  124  performance satisfactory, or the Governor does not reappoint the
  125  judge, the Governor shall appoint a successor judge for a 4-year
  126  term in accordance with paragraph (c).
  127         (c) The Governor shall appoint each administrative law
  128  judge by June 30, 2018, for a term beginning on July 1, 2018.
  129  For the term beginning on July 1, 2018, administrative law
  130  judges shall be appointed in the following manner: 8 judges
  131  appointed to a 1-year term; 8 judges appointed to a 2-year term;
  132  8 judges appointed to a 3-year term; and 9 judges appointed to a
  133  4-year term. Thereafter, each term of office shall be 4 years.
  134         (d) The division shall maintain the 33 administrative law
  135  judge positions in existence as of June 30, 2017. Each
  136  administrative law judge may continue to serve until June 30,
  137  2018. This subsection does not prohibit an administrative law
  138  judge serving before July 1, 2018, from being appointed to serve
  139  as an administrative law judge pursuant to paragraph (c).
  140         (3)(2) The director has the right to appeal actions by the
  141  Executive Office of the Governor that affect amendments to the
  142  division’s approved operating budget or any personnel actions
  143  pursuant to chapter 216 to the Administration Commission, which
  144  shall decide such issue by majority vote. The appropriations
  145  committees may advise the Administration Commission on the
  146  issue. If the President of the Senate and the Speaker of the
  147  House of Representatives object in writing to the effects of the
  148  appeal, the appeal may be affirmed by the affirmative vote of
  149  two-thirds of the commission members present.
  150         (4)(3) Each state agency as defined in chapter 216 and each
  151  political subdivision shall make its facilities available, at a
  152  time convenient to the provider, for use by the division in
  153  conducting proceedings pursuant to this chapter.
  154         (4) The division shall employ administrative law judges to
  155  conduct hearings required by this chapter or other law. Any
  156  person employed by the division as an administrative law judge
  157  must have been a member of The Florida Bar in good standing for
  158  the preceding 5 years.
  159         Section 3. This act shall take effect July 1, 2017.