Bill Text: FL S1352 | 2017 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Division of Administrative Hearings

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Failed) 2017-05-05 - Died in Appropriations [S1352 Detail]

Download: Florida-2017-S1352-Comm_Sub.html

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       Florida Senate - 2017                             CS for SB 1352
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Young
       
       
       
       
       585-03375-17                                          20171352c1
    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 chief administrative law judge to
    7         appoint administrative law judges; prohibiting an
    8         administrative law judge from engaging in the private
    9         practice of law during his or her term of office;
   10         requiring the chief administrative law judge to
   11         appoint administrative law judges from nominees
   12         recommended by a statewide nominating commission;
   13         specifying the composition and term lengths of members
   14         of the commission; providing that meetings and
   15         determinations of the commission be open to the
   16         public; providing that the commission be
   17         administratively housed within the division;
   18         specifying term lengths of administrative law judges;
   19         prescribing procedures for the commission to review a
   20         judge’s performance before the expiration of a term;
   21         requiring the chief administrative law judge to take
   22         certain action regarding a judge after the
   23         commission’s review; providing for initial
   24         appointments of administrative law judges and
   25         staggered terms; providing transitional provisions;
   26         providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraphs (j), (r), and (w) of subsection (2)
   31  of section 110.205, Florida Statutes, are amended to read:
   32         110.205 Career service; exemptions.—
   33         (2) EXEMPT POSITIONS.—The exempt positions that are not
   34  covered by this part include the following:
   35         (j) The appointed secretaries and the State Surgeon
   36  General, assistant secretaries, deputy secretaries, and deputy
   37  assistant secretaries of all departments; attorneys who serve as
   38  administrative law judges pursuant to s. 120.65; the executive
   39  directors, assistant executive directors, deputy executive
   40  directors, and deputy assistant executive directors of all
   41  departments; the directors of all divisions and those positions
   42  determined by the department to have managerial responsibilities
   43  comparable to such positions, which positions include, but are
   44  not limited to, program directors, assistant program directors,
   45  district administrators, deputy district administrators, the
   46  Director of Central Operations Services of the Department of
   47  Children and Families, the State Transportation Development
   48  Administrator, the State Public Transportation and Modal
   49  Administrator, district secretaries, district directors of
   50  transportation development, transportation operations,
   51  transportation support, and the managers of the offices of the
   52  Department of Transportation specified in s. 20.23(3)(b). Unless
   53  otherwise fixed by law, the department shall set the salary and
   54  benefits of these positions and the positions of county health
   55  department directors and county health department administrators
   56  of the Department of Health in accordance with the rules of the
   57  Senior Management Service.
   58         (r) All positions not otherwise exempt under this
   59  subsection which require as a prerequisite to employment:
   60  licensure as a physician pursuant to chapter 458, licensure as
   61  an osteopathic physician pursuant to chapter 459, licensure as a
   62  chiropractic physician pursuant to chapter 460, including those
   63  positions which are occupied by employees who are exempted from
   64  licensure pursuant to s. 409.352; licensure as an engineer
   65  pursuant to chapter 471, which are supervisory positions; or for
   66  12 calendar months, which require as a prerequisite to
   67  employment that the employee have received the degree of
   68  Bachelor of Laws or Juris Doctor from a law school accredited by
   69  the American Bar Association and thereafter membership in The
   70  Florida Bar, except for any attorney who serves as an
   71  administrative law judge pursuant to s. 120.65 or for hearings
   72  conducted pursuant to s. 120.57(1)(a). Unless otherwise fixed by
   73  law, the department shall set the salary and benefits for these
   74  positions in accordance with the rules established for the
   75  Selected Exempt Service.
   76         (w) Managerial employees, as defined in s. 447.203(4),
   77  confidential employees, as defined in s. 447.203(5), and
   78  supervisory employees who spend the majority of their time
   79  communicating with, motivating, training, and evaluating
   80  employees, and planning and directing employees’ work, and who
   81  have the authority to hire, transfer, suspend, lay off, recall,
   82  promote, discharge, assign, reward, or discipline subordinate
   83  employees or effectively recommend such action, including all
   84  employees serving as supervisors, administrators, and directors.
   85  Excluded are employees also designated as special risk or
   86  special risk administrative support and attorneys who serve as
   87  administrative law judges pursuant to s. 120.65 or for hearings
   88  conducted pursuant to s. 120.57(1)(a). Additionally, registered
   89  nurses licensed under chapter 464, dentists licensed under
   90  chapter 466, psychologists licensed under chapter 490 or chapter
   91  491, nutritionists or dietitians licensed under part X of
   92  chapter 468, pharmacists licensed under chapter 465,
   93  psychological specialists licensed under chapter 491, physical
   94  therapists licensed under chapter 486, and speech therapists
   95  licensed under part I of chapter 468 are excluded, unless
   96  otherwise collectively bargained.
   97         Section 2. Subsections (1) through (4) of section 120.65,
   98  Florida Statutes, are amended to read:
   99         120.65 Administrative law judges.—
  100         (1) The Division of Administrative Hearings within the
  101  Department of Management Services shall be headed by a director
  102  who shall be appointed by the Administration Commission and
  103  confirmed by the Senate. The director, who shall also serve as
  104  the chief administrative law judge, and any deputy chief
  105  administrative law judge must possess the same minimum
  106  qualifications as the administrative law judges employed by the
  107  division. The Deputy Chief Judge of Compensation Claims must
  108  possess the minimum qualifications established in s. 440.45(2)
  109  and shall report to the director. The division is shall be a
  110  separate budget entity, and the director shall be its agency
  111  head for all purposes. The Department of Management Services
  112  shall provide administrative support and service to the division
  113  to the extent requested by the director. The division shall not
  114  be subject to control, supervision, or direction by the
  115  Department of Management Services in any manner, including, but
  116  not limited to, personnel, purchasing, transactions involving
  117  real or personal property, and budgetary matters.
  118         (2) The chief administrative law judge shall appoint full
  119  time administrative law judges to conduct hearings in accordance
  120  with this chapter. A person may not serve as an administrative
  121  law judge unless he or she has been a member of The Florida Bar
  122  in good standing for the previous 5 years. An administrative law
  123  judge may not engage in the private practice of law during his
  124  or her term of office.
  125         (a)1. Except as provided in paragraph (b), the chief
  126  administrative law judge shall appoint an administrative law
  127  judge from a list of three persons nominated by a statewide
  128  nominating commission. The statewide nominating commission shall
  129  be composed of three members, at least one of whom must be a
  130  minority person as defined in s. 288.703, appointed by the
  131  Governor; two members appointed by the Attorney General; two
  132  members appointed by the Chief Financial Officer; and two
  133  members appointed by the Commissioner of Agriculture.
  134         2. Beginning July 1, 2017, the Governor and each member of
  135  the Cabinet shall appoint one member of the statewide nominating
  136  commission to serve a 2-year term and appoint the remaining
  137  members to serve 4-year terms. Thereafter, each member shall be
  138  appointed for a 4-year term. A vacancy occurring on the
  139  commission shall be filled by the original appointing authority
  140  for the unexpired balance of the term.
  141         3. The meetings and determinations of the statewide
  142  nominating commission as to the administrative law judges shall
  143  be open to the public.
  144         4. The statewide nominating commission shall be
  145  administratively housed within the division.
  146         (b) Each administrative law judge shall be appointed for an
  147  8-year term, but during his or her term of office may be removed
  148  by the chief administrative law judge for cause. Before the
  149  expiration of a judge’s term of office, the statewide nominating
  150  commission shall review the judge’s conduct and determine
  151  whether the judge’s performance is satisfactory. In determining
  152  whether a judge’s performance is satisfactory, the commission
  153  shall consider the extent to which the judge has met the
  154  requirements of this chapter. The commission shall report its
  155  finding to the chief administrative law judge no later than 6
  156  months before the expiration of the judge’s term of office. The
  157  chief administrative law judge shall review the commission’s
  158  report and may reappoint the administrative law judge for an
  159  additional 8-year term. If the chief administrative law judge
  160  does not reappoint the judge, the chief administrative law judge
  161  shall inform the commission. The judge shall remain in office
  162  until the chief administrative law judge has appointed a
  163  successor judge in accordance with this subsection. If a vacancy
  164  occurs during a judge’s unexpired term, the commission does not
  165  find the judge’s performance satisfactory, or the chief
  166  administrative law judge does not reappoint the judge, the chief
  167  administrative law judge must appoint a successor judge for an
  168  8-year term in accordance with paragraph (a).
  169         (c) The chief administrative law judge shall appoint each
  170  administrative law judge by June 30, 2018, for a term beginning
  171  on July 1, 2018. For the term beginning on July 1, 2018,
  172  administrative law judges shall be appointed in the following
  173  manner: eight judges appointed to a 2-year term, eight judges
  174  appointed to a 4-year term, eight judges appointed to a 6-year
  175  term, and nine judges appointed to an 8-year term. Thereafter,
  176  each term of office shall be 8 years. Nothing herein limits a
  177  chief administrative law judge’s ability to reappoint an
  178  administrative law judge to additional terms in accordance with
  179  this subsection.
  180         (d) The Division of Administrative Hearings shall maintain
  181  33 administrative law judges as they existed on June 30, 2017.
  182  Each administrative law judge may continue to serve until June
  183  30, 2018, and may be appointed for additional terms under the
  184  process for reappointments in paragraphs (b) and (c).
  185         (3)(2) The director has the right to appeal actions by the
  186  Executive Office of the Governor that affect amendments to the
  187  division’s approved operating budget or any personnel actions
  188  pursuant to chapter 216 to the Administration Commission, which
  189  shall decide such issue by majority vote. The appropriations
  190  committees may advise the Administration Commission on the
  191  issue. If the President of the Senate and the Speaker of the
  192  House of Representatives object in writing to the effects of the
  193  appeal, the appeal may be affirmed by the affirmative vote of
  194  two-thirds of the commission members present.
  195         (4)(3) Each state agency as defined in chapter 216 and each
  196  political subdivision shall make its facilities available, at a
  197  time convenient to the provider, for use by the division in
  198  conducting proceedings pursuant to this chapter.
  199         (4) The division shall employ administrative law judges to
  200  conduct hearings required by this chapter or other law. Any
  201  person employed by the division as an administrative law judge
  202  must have been a member of The Florida Bar in good standing for
  203  the preceding 5 years.
  204         Section 3. This act shall take effect July 1, 2017.