Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 1352
Ì667558YÎ667558
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/03/2017 .
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The Committee on Governmental Oversight and Accountability
(Young) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraphs (j), (r), and (w) of subsection (2)
6 of section 110.205, Florida Statutes, are amended to read:
7 110.205 Career service; exemptions.—
8 (2) EXEMPT POSITIONS.—The exempt positions that are not
9 covered by this part include the following:
10 (j) The appointed secretaries and the State Surgeon
11 General, assistant secretaries, deputy secretaries, and deputy
12 assistant secretaries of all departments; attorneys who serve as
13 administrative law judges pursuant to s. 120.65; the executive
14 directors, assistant executive directors, deputy executive
15 directors, and deputy assistant executive directors of all
16 departments; the directors of all divisions and those positions
17 determined by the department to have managerial responsibilities
18 comparable to such positions, which positions include, but are
19 not limited to, program directors, assistant program directors,
20 district administrators, deputy district administrators, the
21 Director of Central Operations Services of the Department of
22 Children and Families, the State Transportation Development
23 Administrator, the State Public Transportation and Modal
24 Administrator, district secretaries, district directors of
25 transportation development, transportation operations,
26 transportation support, and the managers of the offices of the
27 Department of Transportation specified in s. 20.23(3)(b). Unless
28 otherwise fixed by law, the department shall set the salary and
29 benefits of these positions and the positions of county health
30 department directors and county health department administrators
31 of the Department of Health in accordance with the rules of the
32 Senior Management Service.
33 (r) All positions not otherwise exempt under this
34 subsection which require as a prerequisite to employment:
35 licensure as a physician pursuant to chapter 458, licensure as
36 an osteopathic physician pursuant to chapter 459, licensure as a
37 chiropractic physician pursuant to chapter 460, including those
38 positions which are occupied by employees who are exempted from
39 licensure pursuant to s. 409.352; licensure as an engineer
40 pursuant to chapter 471, which are supervisory positions; or for
41 12 calendar months, which require as a prerequisite to
42 employment that the employee have received the degree of
43 Bachelor of Laws or Juris Doctor from a law school accredited by
44 the American Bar Association and thereafter membership in The
45 Florida Bar, except for any attorney who serves as an
46 administrative law judge pursuant to s. 120.65 or for hearings
47 conducted pursuant to s. 120.57(1)(a). Unless otherwise fixed by
48 law, the department shall set the salary and benefits for these
49 positions in accordance with the rules established for the
50 Selected Exempt Service.
51 (w) Managerial employees, as defined in s. 447.203(4),
52 confidential employees, as defined in s. 447.203(5), and
53 supervisory employees who spend the majority of their time
54 communicating with, motivating, training, and evaluating
55 employees, and planning and directing employees’ work, and who
56 have the authority to hire, transfer, suspend, lay off, recall,
57 promote, discharge, assign, reward, or discipline subordinate
58 employees or effectively recommend such action, including all
59 employees serving as supervisors, administrators, and directors.
60 Excluded are employees also designated as special risk or
61 special risk administrative support and attorneys who serve as
62 administrative law judges pursuant to s. 120.65 or for hearings
63 conducted pursuant to s. 120.57(1)(a). Additionally, registered
64 nurses licensed under chapter 464, dentists licensed under
65 chapter 466, psychologists licensed under chapter 490 or chapter
66 491, nutritionists or dietitians licensed under part X of
67 chapter 468, pharmacists licensed under chapter 465,
68 psychological specialists licensed under chapter 491, physical
69 therapists licensed under chapter 486, and speech therapists
70 licensed under part I of chapter 468 are excluded, unless
71 otherwise collectively bargained.
72 Section 2. Subsections (1) through (4) of section 120.65,
73 Florida Statutes, are amended to read:
74 120.65 Administrative law judges.—
75 (1) The Division of Administrative Hearings within the
76 Department of Management Services shall be headed by a director
77 who shall be appointed by the Administration Commission and
78 confirmed by the Senate. The director, who shall also serve as
79 the chief administrative law judge, and any deputy chief
80 administrative law judge must possess the same minimum
81 qualifications as the administrative law judges employed by the
82 division. The Deputy Chief Judge of Compensation Claims must
83 possess the minimum qualifications established in s. 440.45(2)
84 and shall report to the director. The division is shall be a
85 separate budget entity, and the director shall be its agency
86 head for all purposes. The Department of Management Services
87 shall provide administrative support and service to the division
88 to the extent requested by the director. The division shall not
89 be subject to control, supervision, or direction by the
90 Department of Management Services in any manner, including, but
91 not limited to, personnel, purchasing, transactions involving
92 real or personal property, and budgetary matters.
93 (2) The chief administrative law judge shall appoint full
94 time administrative law judges to conduct hearings in accordance
95 with this chapter. A person may not serve as an administrative
96 law judge unless he or she has been a member of The Florida Bar
97 in good standing for the previous 5 years. An administrative law
98 judge may not engage in the private practice of law during his
99 or her term of office.
100 (a)1. Except as provided in paragraph (b), the chief
101 administrative law judge shall appoint an administrative law
102 judge from a list of three persons nominated by a statewide
103 nominating commission. The statewide nominating commission shall
104 be composed of three members, at least one of whom must be a
105 minority person as defined in s. 288.703, appointed by the
106 Governor; two members appointed by the Attorney General; two
107 members appointed by the Chief Financial Officer; and two
108 members appointed by the Commissioner of Agriculture.
109 2. Beginning July 1, 2017, the Governor and each member of
110 the Cabinet shall appoint one member of the statewide nominating
111 commission to serve a 2-year term and appoint the remaining
112 members to serve 4-year terms. Thereafter, each member shall be
113 appointed for a 4-year term. A vacancy occurring on the
114 commission shall be filled by the original appointing authority
115 for the unexpired balance of the term.
116 3. The meetings and determinations of the statewide
117 nominating commission as to the administrative law judges shall
118 be open to the public.
119 4. The statewide nominating commission shall be
120 administratively housed within the division.
121 (b) Each administrative law judge shall be appointed for an
122 8-year term, but during his or her term of office may be removed
123 by the chief administrative law judge for cause. Before the
124 expiration of a judge’s term of office, the statewide nominating
125 commission shall review the judge’s conduct and determine
126 whether the judge’s performance is satisfactory. In determining
127 whether a judge’s performance is satisfactory, the commission
128 shall consider the extent to which the judge has met the
129 requirements of this chapter. The commission shall report its
130 finding to the chief administrative law judge no later than 6
131 months before the expiration of the judge’s term of office. The
132 chief administrative law judge shall review the commission’s
133 report and may reappoint the administrative law judge for an
134 additional 8-year term. If the chief administrative law judge
135 does not reappoint the judge, the chief administrative law judge
136 shall inform the commission. The judge shall remain in office
137 until the chief administrative law judge has appointed a
138 successor judge in accordance with this subsection. If a vacancy
139 occurs during a judge’s unexpired term, the commission does not
140 find the judge’s performance satisfactory, or the chief
141 administrative law judge does not reappoint the judge, the chief
142 administrative law judge must appoint a successor judge for an
143 8-year term in accordance with paragraph (a).
144 (c) The chief administrative law judge shall appoint each
145 administrative law judge by June 30, 2018, for a term beginning
146 on July 1, 2018. For the term beginning on July 1, 2018,
147 administrative law judges shall be appointed in the following
148 manner: eight judges appointed to a 2-year term, eight judges
149 appointed to a 4-year term, eight judges appointed to a 6-year
150 term, and nine judges appointed to an 8-year term. Thereafter,
151 each term of office shall be 8 years. Nothing herein limits a
152 chief administrative law judge’s ability to reappoint an
153 administrative law judge to additional terms in accordance with
154 this subsection.
155 (d) The Division of Administrative Hearings shall maintain
156 33 administrative law judges as they existed on June 30, 2017.
157 Each administrative law judge may continue to serve until June
158 30, 2018, and may be appointed for additional terms under the
159 process for reappointments in paragraphs (b) and (c).
160 (3)(2) The director has the right to appeal actions by the
161 Executive Office of the Governor that affect amendments to the
162 division’s approved operating budget or any personnel actions
163 pursuant to chapter 216 to the Administration Commission, which
164 shall decide such issue by majority vote. The appropriations
165 committees may advise the Administration Commission on the
166 issue. If the President of the Senate and the Speaker of the
167 House of Representatives object in writing to the effects of the
168 appeal, the appeal may be affirmed by the affirmative vote of
169 two-thirds of the commission members present.
170 (4)(3) Each state agency as defined in chapter 216 and each
171 political subdivision shall make its facilities available, at a
172 time convenient to the provider, for use by the division in
173 conducting proceedings pursuant to this chapter.
174 (4) The division shall employ administrative law judges to
175 conduct hearings required by this chapter or other law. Any
176 person employed by the division as an administrative law judge
177 must have been a member of The Florida Bar in good standing for
178 the preceding 5 years.
179 Section 3. This act shall take effect July 1, 2017.
180
181 ================= T I T L E A M E N D M E N T ================
182 And the title is amended as follows:
183 Delete everything before the enacting clause
184 and insert:
185 A bill to be entitled
186 An act relating to the Division of Administrative
187 Hearings; amending s. 110.205, F.S.; revising
188 positions at the division that are exempt from the
189 Career Service System; amending s. 120.65, F.S.;
190 requiring the chief administrative law judge to
191 appoint administrative law judges; prohibiting an
192 administrative law judge from engaging in the private
193 practice of law during his or her term of office;
194 requiring the chief administrative law judge to
195 appoint administrative law judges from nominees
196 recommended by a statewide nominating commission;
197 specifying the composition and term lengths of members
198 of the commission; providing that meetings and
199 determinations of the commission be open to the
200 public; providing that the commission be
201 administratively housed within the division;
202 specifying term lengths of administrative law judges;
203 prescribing procedures for the commission to review a
204 judge’s performance before the expiration of a term;
205 requiring the chief administrative law judge to take
206 certain action regarding a judge after the
207 commission’s review; providing for initial
208 appointments of administrative law judges and
209 staggered terms; providing transitional provisions;
210 providing an effective date.