Florida Senate - 2022                             CS for SB 1658
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senators Bean and Rodrigues
       
       
       
       
       592-02539-22                                          20221658c1
    1                        A bill to be entitled                      
    2         An act relating to executive appointments; amending s.
    3         20.201, F.S.; requiring that the executive director of
    4         the Department of Law Enforcement be appointed subject
    5         to a majority vote of the Governor and Cabinet, with
    6         the Governor on the prevailing side; amending s.
    7         20.255, F.S.; requiring the appointment of the
    8         secretary of the Department of Environmental
    9         Protection be subject to the concurrence of three
   10         members of the Cabinet or confirmation by the Senate;
   11         requiring the Governor to notify the Cabinet and the
   12         President of the Senate in writing of the method of
   13         confirmation; requiring the Governor, if seeking the
   14         concurrence of the Cabinet, to seek such concurrence
   15         at the first scheduled meeting after appointment;
   16         providing that an appointee who does not receive the
   17         concurrence of the Cabinet may serve for a specified
   18         timeframe; providing that an appointee who does not
   19         receive concurrence from the Cabinet is not eligible
   20         for appointment to the same office for a specified
   21         timeframe; providing procedures for confirmation by
   22         the Senate; amending s. 20.37, F.S.; requiring that
   23         the executive director of the Department of Veterans’
   24         Affairs be appointed subject to a majority vote of the
   25         Governor and Cabinet, with the Governor on the
   26         prevailing side; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsection (1) of section 20.201, Florida
   31  Statutes, is amended to read:
   32         20.201 Department of Law Enforcement.—
   33         (1) There is created a Department of Law Enforcement. The
   34  head of the department is the Governor and Cabinet. The
   35  executive director of the department shall be appointed by the
   36  Governor subject to a majority vote of the Governor and Cabinet,
   37  with the Governor on the prevailing side. The appointment is
   38  with the approval of three members of the Cabinet and subject to
   39  confirmation by the Senate. The executive director shall serve
   40  at the pleasure of the Governor and Cabinet. The executive
   41  director may establish a command, operational, and
   42  administrative services structure to assist, manage, and support
   43  the department in operating programs and delivering services.
   44         Section 2. Subsection (1) of section 20.255, Florida
   45  Statutes, is amended to read:
   46         20.255 Department of Environmental Protection.—There is
   47  created a Department of Environmental Protection.
   48         (1) Notwithstanding s. 20.05(2), the head of the Department
   49  of Environmental Protection shall be a secretary, who shall be
   50  appointed by the Governor, with the concurrence of three members
   51  of the Cabinet or subject to confirmation by the Senate.
   52         (a) Upon appointment, the Governor shall, in writing,
   53  notify the Cabinet and the President of the Senate that he or
   54  she will seek either the concurrence of three members of the
   55  Cabinet or confirmation of the appointee by the Senate.
   56         (b) If the Governor seeks the concurrence of three members
   57  of the Cabinet for the appointment, such concurrence must be
   58  obtained at the first scheduled meeting of the Cabinet following
   59  the appointment. If concurrence of three members of the Cabinet
   60  is not obtained at such meeting, the appointee may be held over
   61  until his or her successor is appointed and qualified, but the
   62  period of such holdover may not exceed 30 days from the date of
   63  the Cabinet meeting at which the appointment was considered. An
   64  appointee who does not receive the concurrence of three members
   65  of the Cabinet is not eligible for appointment to the same
   66  office for 1 year after the date of the Cabinet meeting at which
   67  the appointment was considered.
   68         (c) If the Governor seeks confirmation of the appointee by
   69  the Senate, s. 114.05 applies The secretary shall be confirmed
   70  by the Florida Senate.
   71         (d) The secretary shall serve at the pleasure of the
   72  Governor.
   73         Section 3. Subsection (1) of section 20.37, Florida
   74  Statutes, is amended to read:
   75         20.37 Department of Veterans’ Affairs.—There is created a
   76  Department of Veterans’ Affairs.
   77         (1) The head of the department is the Governor and Cabinet.
   78  The executive director of the department shall be appointed by
   79  the Governor subject to a majority vote of the Governor and
   80  Cabinet, with the Governor on the prevailing side. The
   81  appointment is with the approval of three members of the Cabinet
   82  and subject to confirmation by the Senate. The executive
   83  director shall serve at the pleasure of the Governor and
   84  Cabinet.
   85         Section 4. This act shall take effect upon becoming a law.