Florida 2018 Regular Session Status: Passed House

HB 941 — Administrative Procedures

Last action — Died in Governmental Oversight and Accountability

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1039 added · 856 removed

1039 line(s) added, 856 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 A bill to be entitled An act relating to administrative procedures;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 A bill to be entitled An act relating to administrative procedures;
110.205, F.S.;
revising positions at the Division of Administrative Hearings that are exempt from the Career Service System;
amending s.
requiring an agency to publish a notice of repromulgation in the Florida Administrative Register and file a rule for promulgation with the Department of State within a specified time period;
requiring an agency to publish a notice of repromulgation in the Florida Administrative Page 1 of 38 CODING:
requiring an agency to file a notice of repromulgation Page 1 of 31 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 with the committee within a specified time period;
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 Register and file a rule for promulgation with the Department of State within a specified time period;
requiring an agency to file a notice of repromulgation with the committee within a specified time period;
amending 120.569, F.S.;
amending s.
requiring that certain documents filed with the Division of Administrative Hearings be filed electronically;
120.569, F.S.;
requiring that certain documents filed Page 2 of 38 CODING:
Words stricken are deletions;
words underlined are additions.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 with the Division of Administrative Hearings be filed electronically;
amending Page 2 of 31 CODING:
amending s.
120.65, F.S.;
requiring the Administration Commission to select from full-time administrative law judges employed with the division in appointing a division director;
removing the requirement that the division director is subject to Senate confirmation;
deleting provisions regarding minimum qualifications of the division director and deputy chief administrative law judges;
prohibiting an administrative law judge from engaging in the private practice of law during his or her term of office;
requiring the Governor and Cabinet to appoint administrative law judges from nominees recommended by a statewide nominating commission unless otherwise provided;
specifying the composition and term lengths of members of the commission;
providing that meetings and determinations of the commission are open to the public;
specifying term lengths of administrative law judges;
prescribing procedures for the commission to review a judge's performance before the expiration of a term;
requiring the Governor and Cabinet to take certain action regarding a judge after the commission's review;
providing for initial Page 3 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 ss.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 appointments of administrative law judges and staggered terms;
providing transitional provisions;
amending ss.
Be It Enacted by the Legislature of the State of Florida:
82 Be It Enacted by the Legislature of the State of Florida:
Section 1.
84 Section 1.
Paragraphs (r) and (w) of subsection (2) of section 110.205, Florida Statutes, are amended to read:
110.205 Career service;
exemptions.— (2) EXEMPT POSITIONS.—The exempt positions that are not covered by this part include the following:
(r) All positions not otherwise exempt under this subsection which require as a prerequisite to employment:
licensure as a physician pursuant to chapter 458, licensure as an osteopathic physician pursuant to chapter 459, licensure as a chiropractic physician pursuant to chapter 460, including those positions which are occupied by employees who are exempted from licensure pursuant to s.
409.352;
licensure as an engineer pursuant to chapter 471, which are supervisory positions;
or for 12 calendar months, which require as a prerequisite to employment that the employee have received the degree of Bachelor of Laws or Juris Doctor from a law school accredited by the American Bar Association and thereafter membership in The Page 4 of 38 CODING:
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Words stricken are deletions;
words underlined are additions.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 Florida Bar, including except for any attorney who serves as an administrative law judge pursuant to s.
120.65 or for hearings conducted pursuant to s.
120.57(1)(a).
Unless otherwise fixed by law, the department shall set the salary and benefits for these positions in accordance with the rules established for the Selected Exempt Service.
(w) Managerial employees, as defined in s.
447.203(4), confidential employees, as defined in s.
447.203(5), and supervisory employees who spend the majority of their time communicating with, motivating, training, and evaluating employees, and planning and directing employees' work, and who have the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline subordinate employees or effectively recommend such action, including all employees serving as supervisors, administrators, and directors.
Excluded are employees also designated as special risk or special risk administrative support and attorneys who serve as administrative law judges pursuant to s.
120.65 or for hearings conducted pursuant to s.
120.57(1)(a).
Additionally, registered nurses licensed under chapter 464, dentists licensed under chapter 466, psychologists licensed under chapter 490 or chapter 491, nutritionists or dietitians licensed under part X of chapter 468, pharmacists licensed under chapter 465, psychological specialists licensed under chapter 491, physical therapists licensed under chapter 486, and speech therapists Page 5 of 38 CODING:
Words stricken are deletions;
words underlined are additions.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 licensed under part I of chapter 468 are excluded, unless otherwise collectively bargained.
Section 2.
Section 2.
Section 3.
Page 3 of 31 CODING:
120.54 Rulemaking.— (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN EMERGENCY RULES.— (i)1.
A rule may incorporate material by reference but Page 6 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 120.54 Rulemaking.— (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN EMERGENCY RULES.— (i)1.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 only as the material exists on the date the rule is adopted.
A rule may incorporate material by reference but only as the material exists on the date the rule is adopted.
The agency has determined that posting the material on the Internet for purposes of public examination and inspection would constitute a violation of federal copyright law, in which Page 4 of 31 CODING:
The agency has determined that posting the material on the Internet for purposes of public examination and inspection would constitute a violation of federal copyright law, in which case a statement to that effect, along with the address of locations at the Department of State and the agency at which the material is available for public inspection and examination, must be included in the notice required by subparagraph (3)(a)1.
Page 7 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 case a statement to that effect, along with the address of locations at the Department of State and the agency at which the material is available for public inspection and examination, must be included in the notice required by subparagraph (3)(a)1.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 4.
4.
Any substantially affected person may, within 14 days after the date of publication of the notice of intent in the Florida Administrative Register, file an Page 5 of 31 CODING:
Any substantially affected person may, within 14 days after the date of publication of the notice of intent in the Florida Administrative Register, file an objection to rulemaking with the agency.
The objection shall specify the portions of the rule incorporated by reference to which the person objects and the reasons for the objection.
The agency shall not have the authority under this subparagraph to Page 8 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 objection to rulemaking with the agency.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 adopt those portions of the rule specified in such objection.
The objection shall specify the portions of the rule incorporated by reference to which the person objects and the reasons for the objection.
The agency shall not have the authority under this subparagraph to adopt those portions of the rule specified in such objection.
a statement that any person who wishes to provide the agency with information Page 6 of 31 CODING:
a statement that any person who wishes to provide the agency with information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative as provided by s.
120.541(1), must do so in writing within 21 days after publication of the notice;
and a statement as to whether, Page 9 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative as provided by s.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 based on the statement of the estimated regulatory costs or other information expressly relied upon and described by the agency if no statement of regulatory costs is required, the proposed rule is expected to require legislative ratification pursuant to s.
120.541(1), must do so in writing within 21 days after publication of the notice;
and a statement as to whether, based on the statement of the estimated regulatory costs or other information expressly relied upon and described by the agency if no statement of regulatory costs is required, the proposed rule is expected to require legislative ratification pursuant to s.
The notice shall be mailed to all persons named in the proposed rule and to all persons who, at least 14 days prior to Page 7 of 31 CODING:
The notice shall be mailed to all persons named in the proposed rule and to all persons who, at least 14 days prior to such mailing, have made requests of the agency for advance notice of its proceedings.
The agency shall also give such notice as is prescribed by rule to those particular classes of persons to whom the intended action is directed.
Page 10 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 such mailing, have made requests of the agency for advance notice of its proceedings.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 4.
The agency shall also give such notice as is prescribed by rule to those particular classes of persons to whom the intended action is directed.
4.
The proposed rule is likely to directly or indirectly Page 8 of 31 CODING:
The proposed rule is likely to directly or indirectly increase regulatory costs in excess of $200,000 in the aggregate in this state within 1 year after the implementation of the rule.
2.
Small businesses, small counties, and small cities.— Page 11 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 increase regulatory costs in excess of $200,000 in the aggregate in this state within 1 year after the implementation of the rule.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 a.
2.
Small businesses, small counties, and small cities.— a.
Page 9 of 31 CODING:
(II) Establishing less stringent schedules or deadlines in the rule for compliance or reporting requirements.
(III) Consolidating or simplifying the rule's compliance or reporting requirements.
Page 12 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 (II) Establishing less stringent schedules or deadlines in the rule for compliance or reporting requirements.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 (IV) Establishing performance standards or best management practices to replace design or operational standards in the rule.
(III) Consolidating or simplifying the rule's compliance or reporting requirements.
(IV) Establishing performance standards or best management practices to replace design or operational standards in the rule.
The agency shall Page 10 of 31 CODING:
The agency shall provide notice to the committee of any regulatory alternative offered to the agency pursuant to this sub-subparagraph at least 21 days before filing the rule for adoption.
(III) If an agency does not adopt all alternatives offered Page 13 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 provide notice to the committee of any regulatory alternative offered to the agency pursuant to this sub-subparagraph at least 21 days before filing the rule for adoption.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 pursuant to this sub-subparagraph, it shall, before rule adoption or amendment and pursuant to subparagraph (d)1., file a detailed written statement with the committee explaining the reasons for failure to adopt such alternatives.
(III) If an agency does not adopt all alternatives offered pursuant to this sub-subparagraph, it shall, before rule adoption or amendment and pursuant to subparagraph (d)1., file a detailed written statement with the committee explaining the reasons for failure to adopt such alternatives.
20.43(3)(g), and one or more requested public hearings is Page 11 of 31 CODING:
20.43(3)(g), and one or more requested public hearings is scheduled, the board or other collegial body shall conduct at least one of the public hearings itself and may not delegate this responsibility without the consent of those persons requesting the public hearing.
Any material pertinent to the Page 14 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 scheduled, the board or other collegial body shall conduct at least one of the public hearings itself and may not delegate this responsibility without the consent of those persons requesting the public hearing.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 issues under consideration submitted to the agency within 21 days after the date of publication of the notice or submitted to the agency between the date of publication of the notice and the end of the final public hearing shall be considered by the agency and made a part of the record of the rulemaking proceeding.
Any material pertinent to the issues under consideration submitted to the agency within 21 days after the date of publication of the notice or submitted to the agency between the date of publication of the notice and the end of the final public hearing shall be considered by the agency and made a part of the record of the rulemaking proceeding.
After the final public hearing on the proposed rule, or after the time for requesting a hearing has expired, if the rule Page 12 of 31 CODING:
After the final public hearing on the proposed rule, or after the time for requesting a hearing has expired, if the rule has not been changed from the rule as previously filed with the committee, or contains only technical changes, the adopting agency shall file a notice to that effect with the committee at least 7 days prior to filing the rule for adoption.
Any change, Page 15 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 has not been changed from the rule as previously filed with the committee, or contains only technical changes, the adopting agency shall file a notice to that effect with the committee at least 7 days prior to filing the rule for adoption.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 other than a technical change that does not affect the substance of the rule, must be supported by the record of public hearings held on the rule, must be in response to written material submitted to the agency within 21 days after the date of publication of the notice of intended agency action or submitted to the agency between the date of publication of the notice and the end of the final public hearing, or must be in response to a proposed objection by the committee.
Any change, other than a technical change that does not affect the substance of the rule, must be supported by the record of public hearings held on the rule, must be in response to written material submitted to the agency within 21 days after the date of publication of the notice of intended agency action or submitted to the agency between the date of publication of the notice and the end of the final public hearing, or must be in response to a proposed objection by the committee.
After December 31, 2018, material proposed to Page 13 of 31 CODING:
After December 31, 2018, material proposed to be incorporated by reference in the notice required by this subparagraph shall be made available in the manner prescribed by sub-subparagraph (1)(i)3.a.
Words stricken are deletions;
words underlined are additions.
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 be incorporated by reference in the notice required by this subparagraph shall be made available in the manner prescribed by sub-subparagraph (1)(i)3.a.
After the notice required by paragraph (a) and prior to adoption, the agency may withdraw the rule in whole or in part.
After the notice required by paragraph (a) and prior to Page 16 of 38 CODING:
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words underlined are additions.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 adoption, the agency may withdraw the rule in whole or in part.
The agency shall give notice of its decision to withdraw or modify a rule in the first available issue of the publication in which the original notice of rulemaking was published, shall notify those persons described in subparagraph Page 14 of 31 CODING:
The agency shall give notice of its decision to withdraw or modify a rule in the first available issue of the publication in which the original notice of rulemaking was published, shall notify those persons described in subparagraph (a)3.
Words stricken are deletions;
words underlined are additions.
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 (a)3.
After a rule has become effective, it may be repealed or amended only through the rulemaking procedures specified in this chapter.
After a rule has become effective, it may be repealed Page 17 of 38 CODING:
Words stricken are deletions;
words underlined are additions.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 or amended only through the rulemaking procedures specified in this chapter.
120.541 has been provided to all persons who submitted a Page 15 of 31 CODING:
120.541 has been provided to all persons who submitted a lower cost regulatory alternative and made available to the public, or until the administrative law judge has rendered a decision under s.
120.56(2), whichever applies.
When a required notice of change is published prior to the expiration of the Page 18 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 lower cost regulatory alternative and made available to the public, or until the administrative law judge has rendered a decision under s.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 time to file the rule for adoption, the period during which a rule must be filed for adoption is extended to 45 days after the date of publication.
120.56(2), whichever applies.
When a required notice of change is published prior to the expiration of the time to file the rule for adoption, the period during which a rule must be filed for adoption is extended to 45 days after the date of publication.
Page 16 of 31 CODING:
4.
At the time a rule is filed, the committee shall certify whether the agency has responded in writing to all material and timely written comments or written inquiries made on behalf of the committee.
The department shall reject any rule Page 19 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 4.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 that is not filed within the prescribed time limits;
At the time a rule is filed, the committee shall certify whether the agency has responded in writing to all material and timely written comments or written inquiries made on behalf of the committee.
The department shall reject any rule that is not filed within the prescribed time limits;
Rules not required to be filed with the Department of State shall become effective when adopted by the agency head, on a later date specified by rule or statute, or upon ratification by the Page 17 of 31 CODING:
Rules not required to be filed with the Department of State shall become effective when adopted by the agency head, on a later date specified by rule or statute, or upon ratification by the Legislature pursuant to s.
Words stricken are deletions;
words underlined are additions.
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 Legislature pursuant to s.
When an agency postpones adoption of a rule to accommodate review by the committee, the 90-day period for filing the rule is tolled until the committee notifies the agency that it has completed its review of the rule.
When an agency postpones Page 20 of 38 CODING:
Words stricken are deletions;
words underlined are additions.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 adoption of a rule to accommodate review by the committee, the 90-day period for filing the rule is tolled until the committee notifies the agency that it has completed its review of the rule.
Section 3.
Section 4.
120.541 Statement of estimated regulatory costs.— Page 18 of 31 CODING:
120.541 Statement of estimated regulatory costs.— (1)(a) Within 21 days after publication of the notice required under s.
120.54(3)(a), a substantially affected person may submit to an agency a good faith written proposal for a lower cost regulatory alternative to a proposed rule which Page 21 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 (1)(a) Within 21 days after publication of the notice required under s.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 substantially accomplishes the objectives of the law being implemented.
120.54(3)(a), a substantially affected person may submit to an agency a good faith written proposal for a lower cost regulatory alternative to a proposed rule which substantially accomplishes the objectives of the law being implemented.
Section 4.
Section 5.
If an agency determines after review that substantive changes to update a Page 19 of 31 CODING:
If an agency determines after review that substantive changes to update a rule are not required, such agency shall repromulgate the rule to reflect the date of the review.
(2) Before repromulgation of the rule, an agency shall, upon approval by the agency head:
Page 22 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 rule are not required, such agency shall repromulgate the rule to reflect the date of the review.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 (a) Publish a notice of repromulgation in the Florida Administrative Register.
(2) Before repromulgation of the rule, an agency shall, upon approval by the agency head:
(a) Publish a notice of repromulgation in the Florida Administrative Register.
120.54 do not apply to Page 20 of 31 CODING:
120.54 do not apply to repromulgation of a rule.
(7)(a) The agency, upon approval of the agency head or his or her designee, shall file with the Department of State three certified copies of the repromulgated rule it proposes to adopt Page 23 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 repromulgation of a rule.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 and one certified copy of any material incorporated by reference in the rule.
(7)(a) The agency, upon approval of the agency head or his or her designee, shall file with the Department of State three certified copies of the repromulgated rule it proposes to adopt and one certified copy of any material incorporated by reference in the rule.
Section 5.
Section 6.
120.545(7), Page 21 of 31 CODING:
120.545(7), complete indexes to all rules contained in the code, and any other material required or authorized by law or deemed useful by the department.
The electronic code shall display each rule chapter currently in effect in browse mode and allow full text Page 24 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 complete indexes to all rules contained in the code, and any other material required or authorized by law or deemed useful by the department.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 search of the code and each rule chapter.
The electronic code shall display each rule chapter currently in effect in browse mode and allow full text search of the code and each rule chapter.
Page 22 of 31 CODING:
4.
Forms shall not be published in the Florida Administrative Code;
but any form which an agency uses in its dealings with the public, along with any accompanying instructions, shall be filed with the committee before it is Page 25 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 4.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 used.
Forms shall not be published in the Florida Administrative Code;
but any form which an agency uses in its dealings with the public, along with any accompanying instructions, shall be filed with the committee before it is used.
When a rule is filed for adoption or repromulgation with incorporated material in electronic form, the department's publication of the Florida Administrative Code on its website must contain a hyperlink from the incorporating reference in the rule directly to that Page 23 of 31 CODING:
When a rule is filed for adoption or repromulgation with incorporated material in electronic form, the department's publication of the Florida Administrative Code on its website must contain a hyperlink from the incorporating reference in the rule directly to that material.
The department may not allow hyperlinks from rules in the Florida Administrative Code to any material other than that filed with and maintained by the department, but may allow hyperlinks to incorporated material maintained by the department Page 26 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 material.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 from the adopting agency's website or other sites.
The department may not allow hyperlinks from rules in the Florida Administrative Code to any material other than that filed with and maintained by the department, but may allow hyperlinks to incorporated material maintained by the department from the adopting agency's website or other sites.
Section 6.
Section 7.
If a disputed issue of material fact Page 24 of 31 CODING:
If a disputed issue of material fact arises during a proceeding under s.
Words stricken are deletions;
words underlined are additions.
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 arises during a proceeding under s.
Parties shall be notified of any order, including a final order.
Parties shall be notified of any order, including a Page 27 of 38 CODING:
Words stricken are deletions;
words underlined are additions.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 final order.
Section 7.
Section 8.
Subsection (11) of section 120.80, Florida Statutes, is amended to read:
Subsections (2) and (3) of section 120.65, Florida Statutes, are renumbered as subsections (3) and (4), respectively, subsection (1) and present subsection (4) of that section are amended, and a new subsection (2) is added to that section, to read:
Page 25 of 31 CODING:
120.65 Administrative law judges.— Page 28 of 38 CODING:
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 120.80 Exceptions and special requirements;
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 (1) The Division of Administrative Hearings within the Department of Management Services shall be headed by the a director of the Division of Administrative Hearings.
The director who shall be appointed by the Administration Commission and must be a full-time administrative law judge employed by the division and confirmed by the Senate.
The director, who shall also serve as the chief administrative law judge, and any deputy chief administrative law judge must possess the same minimum qualifications as the administrative law judges employed by the division.
The Deputy Chief Judge of Compensation Claims must possess the minimum qualifications established in s.
440.45(2) and shall report to the director.
The division is shall be a separate budget entity, and the director shall be its agency head for all purposes.
The Department of Management Services shall provide administrative support and service to the division to the extent requested by the director.
The division shall not be subject to control, supervision, or direction by the Department of Management Services in any manner, including, but not limited to, personnel, purchasing, transactions involving real or personal property, and budgetary matters.
(2) The Governor and Cabinet shall appoint full-time administrative law judges to conduct hearings in accordance with this chapter.
A person may not serve as an administrative law judge unless he or she has been a member of The Florida Bar in good standing for the previous 5 years.
An administrative law Page 29 of 38 CODING:
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hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 judge may not engage in the private practice of law during his or her term of office.
(a)1.
Except as provided in paragraph (b), the Governor and Cabinet shall appoint an administrative law judge from a list of three persons nominated by a statewide nominating commission.
The statewide nominating commission shall be composed of three members, at least one of whom must be a minority person as defined in s.
288.703, appointed by the Governor;
two members appointed by the Attorney General;
two members appointed by the Chief Financial Officer;
and two members appointed by the Commissioner of Agriculture.
2.
Beginning July 1, 2018, the Governor and each member of the Cabinet shall appoint one member to serve a 2-year term and appoint the remaining members to serve 4-year terms.
Thereafter, each member shall be appointed for a 4-year term.
A vacancy occurring on the commission shall be filled by the original appointing authority for the unexpired balance of the term.
3.
The meetings and determinations of the nominating commission as to the administrative law judges shall be open to the public.
(b) Each administrative law judge shall be appointed for a 4-year term, but during his or her term of office may be removed by the Governor and Cabinet for cause.
Before the expiration of a judge's term of office, the statewide nominating commission shall review the judge's conduct and determine whether the Page 30 of 38 CODING:
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hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 judge's performance is satisfactory.
In determining whether a judge's performance is satisfactory, the commission shall consider the extent to which the judge has met the requirements of this chapter.
The commission shall report its finding to the Governor and Cabinet no later than 6 months before the expiration of the judge's term of office.
The Governor and Cabinet shall review the commission's report and may reappoint the administrative law judge for an additional 4-year term.
If the Governor and Cabinet do not reappoint the judge, the Governor and Cabinet shall inform the commission.
The judge shall remain in office until the Governor and Cabinet have appointed a successor judge in accordance with this subsection.
If a vacancy occurs during a judge's unexpired term, the commission does not find the judge's performance satisfactory, or the Governor and Cabinet do not reappoint the judge, the Governor and Cabinet shall appoint a successor judge for a 4- year term in accordance with paragraph (a).
(c) The Governor and Cabinet shall appoint each administrative law judge by June 30, 2019, for a term beginning on July 1, 2019.
For the term beginning on July 1, 2019, administrative law judges shall be appointed in the following manner:
8 judges appointed to a 1-year term;
8 judges appointed to a 2-year term;
8 judges appointed to a 3-year term;
and 8 judges appointed to a 4-year term.
Thereafter, each term of office shall be 4 years.
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hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 (d) The Division of Administrative Hearings shall maintain 32 administrative law judges as they existed on June 30, 2018.
Each administrative law judge may continue to serve until June 30, 2019, and may be appointed for an additional term under the process for reappointments in paragraph (b).
(4) The division shall employ administrative law judges to conduct hearings required by this chapter or other law.
Any person employed by the division as an administrative law judge must have been a member of The Florida Bar in good standing for the preceding 5 years.
Section 9.
Subsection (11) of section 120.80, Florida Statutes, is amended to read:
120.80 Exceptions and special requirements;
Section 8.
Section 10.
120.52(16), any tests, test scoring criteria, or testing procedures relating to student assessment which are developed or administered by the Department of Education pursuant to s.
120.52(16), any Page 32 of 38 CODING:
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hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 tests, test scoring criteria, or testing procedures relating to student assessment which are developed or administered by the Department of Education pursuant to s.
Section 9.
Section 11.
420.9072 State Housing Initiatives Partnership Program.— The State Housing Initiatives Partnership Program is created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand production of and preserve affordable Page 26 of 31 CODING:
420.9072 State Housing Initiatives Partnership Program.— The State Housing Initiatives Partnership Program is created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing, and to increase housing-related employment.
Words stricken are deletions;
words underlined are additions.
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 housing, to further the housing element of the local government comprehensive plan specific to affordable housing, and to increase housing-related employment.
The Legislature further intends that local governments achieve this combination of resources by encouraging active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low-income persons, and community groups to produce affordable housing and provide related services.
The Page 33 of 38 CODING:
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hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 Legislature further intends that local governments achieve this combination of resources by encouraging active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low-income persons, and community groups to produce affordable housing and provide related services.
Page 27 of 31 CODING:
Section 12.
Words stricken are deletions;
words underlined are additions.
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 Section 10.
A county or an eligible municipality may not exceed the 5-percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan.
A county or an eligible municipality may not exceed the 5-percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing Page 34 of 38 CODING:
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hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 assistance plan.
Section 11.
Section 13.
443.091 Benefit eligibility conditions.— (1) An unemployed individual is eligible to receive benefits for any week only if the Department of Economic Page 28 of 31 CODING:
443.091 Benefit eligibility conditions.— (1) An unemployed individual is eligible to receive benefits for any week only if the Department of Economic Opportunity finds that:
Words stricken are deletions;
words underlined are additions.
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 Opportunity finds that:
A claimant's proof of work search efforts may not include the same prospective employer at the same location in 3 consecutive weeks, unless the employer has indicated since the time of the initial contact that the employer is hiring.
A claimant's proof of work search efforts may not include the same prospective employer at the same Page 35 of 38 CODING:
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words underlined are additions.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 location in 3 consecutive weeks, unless the employer has indicated since the time of the initial contact that the employer is hiring.
Page 29 of 31 CODING:
1.
Words stricken are deletions;
words underlined are additions.
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 1.
236(a)(1) of the Trade Act of 1974, as amended, may not be determined ineligible or disqualified for benefits due to enrollment in such training or because of leaving work that is not suitable employment to enter such training.
236(a)(1) of the Trade Act of 1974, as amended, may not be determined ineligible or disqualified for benefits due to Page 36 of 38 CODING:
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hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 enrollment in such training or because of leaving work that is not suitable employment to enter such training.
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4.
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words underlined are additions.
hb0941-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 941 2018 4.
The work search requirements of this paragraph do not apply to persons required to participate in reemployment services under paragraph (e).
The work search requirements of this paragraph do not apply to persons required to participate in reemployment Page 37 of 38 CODING:
Section 12.
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words underlined are additions.
hb0941-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 941 2018 services under paragraph (e).
Section 14.
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hb0941-01-c1
hb0941-02-c2
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Action History

  1. Died in Governmental Oversight and Accountability

  2. Indefinitely postponed and withdrawn from consideration

  3. Received

  4. Referred to Governmental Oversight and Accountability; Judiciary; Rules

  5. In Messages

  6. CS passed; YEAS 113 NAYS 0

  7. Read 3rd time

  8. Placed on 3rd reading

  9. Read 2nd time

  10. Placed on Special Order Calendar, 02/28/18

  11. CS/CS by Government Accountability Committee read 1st time

  12. Placed on Calendar

  13. Pending review of CS -under Rule 7.18(c)

  14. CS/CS by- Government Accountability Committee; YEAS 18 NAYS 0

  15. On Committee agenda-- Government Accountability Committee, 02/08/18, 9:00 am, Morris Hall

  16. Now in Government Accountability Committee

  17. CS referred to Government Accountability Committee

  18. Original reference(s) removed: Government Operations and Technology Appropriations Subcommittee

  19. CS by Oversight, Transparency and Administration Subcommittee read 1st time

  20. Pending review of CS under Rule 7.18(c)

  21. CS by Oversight, Transparency and Administration Subcommittee; YEAS 12 NAYS 0

  22. On Committee agenda-- Oversight, Transparency and Administration Subcommittee, 01/23/18, 3:30 pm, Morris Hall

  23. Introduced

  24. Referred to Oversight, Transparency and Administration Subcommittee; Government Operations and Technology Appropriations Subcommittee; Government Accountability Committee

  25. Filed

Sponsors

  • Moraitis · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 159 not signed on

Sponsors (1)

  • Moraitis

Co-sponsors (0)

None.

Not signed on (159)

159 members have not signed on to this bill.

Show all 159 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage, Third Reading

Passed 113 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 89003
Republican 20000
Democrat 4001
Total 113004
% of votes cast 97%0%0%3%
How each member voted (117)
Member Party Vote
Abruzzo — Yea
Gonzalez — Yea
Alexander — Yea
Grant, J. — Yea
Grant, M. — Yea
Raschein — Yea
Caldwell — Yea
Slosberg — Yea
Clemons — Yea
Smith — Yea
Latvala — Yea
Cortes, B. — Yea
Lee — Yea
Cortes, J. — Yea
Sullivan — Yea
Diaz, M. — Yea
Moraitis — Yea
Watson, B. — Yea
Watson, C. — Yea
Nunez — Yea
Williams — Yea
Fitzenhagen — Yea
Altman — Not Voting
Ahern — Yea
Ausley — Yea
Asencio — Yea
Beshears — Not Voting
Bileca — Yea
Brown — Yea
Corcoran — Yea
Cruz — Yea
Byrd — Yea
Cummings — Yea
Diamond — Yea
Donalds — Yea
Drake — Yea
DuBose — Yea
Duran — Yea
Eagle — Yea
Edwards-Walpole — Yea
Fant — Yea
Fine — Yea
Fischer — Yea
Geller — Yea
Good — Yea
Goodson — Yea
Hager — Yea
Hardemon — Yea
Harrison — Yea
Henry — Yea
Ingoglia — Yea
Ingram — Yea
Jacobs — Yea
Jacquet — Not Voting
Jenne — Yea
Killebrew — Yea
Magar — Yea
Mariano — Yea
McGhee — Yea
Mercado — Yea
Metz — Yea
Moskowitz — Yea
Newton — Yea
Oliva — Yea
Payne — Yea
Olszewski — Yea
Peters — Yea
Pigman — Yea
Ponder — Yea
Porter — Yea
Pritchett — Yea
Raburn — Yea
Richardson — Yea
Renner — Yea
Rodrigues — Yea
Rommel — Yea
Roth — Yea
Russell — Yea
Santiago — Yea
Shaw — Yea
Silvers — Yea
Sprowls — Yea
Spano — Yea
Stafford — Yea
Stevenson — Yea
Stone — Yea
Toledo — Yea
Trujillo — Yea
White — Yea
Willhite — Yea
Williamson — Yea
La Rosa — Yea
Antone, Bruce Hadley Democrat Yea
Berman, Lori Democrat Yea
Daniels, Kimberly Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Not Voting
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Grall, Erin Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
Miller, Monique Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Stark, Paula A. Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable With Committee Substitute (Government Accountability Committee)

Passed 18 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 15004
Democrat 0001
Republican 3000
Total 18005
% of votes cast 78%0%0%22%
How each member voted (23)
Member Party Vote
Abruzzo — Not Voting
Watson, B. — Yea
Watson, C. — Yea
Caldwell — Yea
Latvala — Yea
Raschein — Yea
Sullivan — Yea
Drake — Yea
Fant — Not Voting
Henry — Yea
Jacobs — Yea
Newton — Yea
Olszewski — Yea
Pigman — Yea
Rommel — Yea
Santiago — Not Voting
Stone — Yea
Willhite — Yea
Williamson — Not Voting
Smith, Carlos Guillermo Democrat Not Voting
Albritton, Ben Republican Yea
McClain, Stan Republican Yea
Plakon, Rachel Saunders Republican Yea

Official roll call →

Favorable With Committee Substitute (Oversight, Transparency & Administration Subcommittee)

Passed 12 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 2001
Democrat 2000
Unaffiliated 8002
Total 12003
% of votes cast 80%0%0%20%
How each member voted (15)
Member Party Vote
Sullivan — Not Voting
Caldwell — Yea
Drake — Yea
Edwards-Walpole — Yea
Henry — Yea
Ingoglia — Yea
Pigman — Yea
Rommel — Not Voting
Stone — Yea
Williamson — Yea
Daniels, Kimberly Democrat Yea
Davis, Tracie Democrat Yea
Burgess, Danny Republican Yea
McClure, Lawrence Republican Yea
Yarborough, Clay Republican Not Voting

Official roll call →

Subjects

public-safety taxation
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Frequently asked questions

Who sponsors HB 941?
HB 941 is sponsored by Moraitis.
What is the current status of HB 941?
This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 941?
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