Florida Statutes

Fla. Stat. § 120.65 (2025)

Administrative law judges.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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120.65 Administrative law judges.—

(1) The Division of Administrative Hearings within the Department of Management Services shall be headed by a director who shall be appointed by the Administration Commission 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 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 director has the right to appeal actions by the Executive Office of the Governor that affect amendments to the division’s approved operating budget or any personnel actions pursuant to chapter 216 to the Administration Commission, which shall decide such issue by majority vote. The appropriations committees may advise the Administration Commission on the issue. If the President of the Senate and the Speaker of the House of Representatives object in writing to the effects of the appeal, the appeal may be affirmed by the affirmative vote of two-thirds of the commission members present.

(3) Each state agency as defined in chapter 216 and each political subdivision shall make its facilities available, at a time convenient to the provider, for use by the division in conducting proceedings pursuant to this chapter.

(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.

(5) If the division cannot furnish a division administrative law judge promptly in response to an agency request, the director shall designate in writing a qualified full-time employee of an agency other than the requesting agency to conduct the hearing. The director shall have the discretion to designate such a hearing officer who is located in that part of the state where the parties and witnesses reside.

(6) The division is authorized to provide administrative law judges on a contract basis to any governmental entity to conduct any hearing not covered by this section.

(7) Rules promulgated by the division may authorize any reasonable sanctions except contempt for violation of the rules of the division or failure to comply with a reasonable order issued by an administrative law judge, which is not under judicial review.

(8) Not later than February 1 of each year, the division shall issue a written report to the Administrative Procedures Committee and the Administration Commission, including at least the following information:

(a) A summary of the extent and effect of agencies’ utilization of administrative law judges, court reporters, and other personnel in proceedings under this chapter.

(b) Recommendations for change or improvement in the Administrative Procedure Act or any agency’s practice or policy with respect thereto.

(c) Recommendations as to those types of cases or disputes which should be conducted under the summary hearing process described in s. 120.574.

(d) A report regarding each agency’s compliance with the filing requirement in s. 120.57(1)(m).

(9) The division shall be reimbursed for administrative law judge services and travel expenses by the following entities: water management districts, regional planning councils, school districts, community colleges, the Division of Florida Colleges, state universities, the Board of Governors of the State University System, the State Board of Education, the Florida School for the Deaf and the Blind, and the Commission for Independent Education. These entities shall contract with the division to establish a contract rate for services and provisions for reimbursement of administrative law judge travel expenses and video teleconferencing expenses attributable to hearings conducted on behalf of these entities. The contract rate must be based on a total-cost-recovery methodology.

History.—s. 1, ch. 74-310; s. 9, ch. 75-191; s. 14, ch. 76-131; s. 9, ch. 78-425; s. 46, ch. 79-190; s. 1, ch. 86-297; s. 46, ch. 87-6; s. 25, ch. 87-101; s. 54, ch. 88-1; s. 30, ch. 88-277; s. 51, ch. 92-279; s. 23, ch. 92-315; s. 55, ch. 92-326; s. 764, ch. 95-147; s. 31, ch. 96-159; s. 13, ch. 97-176; s. 38, ch. 2000-371; s. 4, ch. 2001-91; s. 1, ch. 2004-247; s. 8, ch. 2006-82; s. 14, ch. 2007-217; s. 8, ch. 2009-228; s. 8, ch. 2013-18.

Notes of Decisions

Cited in 16 cases (3 in the last 5 years), 1979–2024 · leading case: Bradshaw v. Bott, 205 So. 3d 815 (Fla. 4th DCA 2016).

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Bradshaw v. Bott, 205 So. 3d 815 (Fla. 4th DCA 2016). · cites it 4× “” § 120.65(6), Fla. Stat. Because the Sheriff did not contract with the DOAH to conduct hearings, it did not comply with the provisions of the Act.”

Gopman v. Dep't of Educ., 974 So. 2d 1208 (Fla. 1st DCA 2008). · cites it 2× “Similarly, section 120.65(9), Florida Statutes, authorizes an ALJ to impose "any reasonable sanction[ ] except contempt for violation of the rules of the division or failure to comply with a reasonable order.”

Mathis v. Florida Dept. of Corr., 726 So. 2d 389 (Fla. 1st DCA 1999). · cites it 2× “There is no statute pertaining to PERC comparable to section 120.65(9), Florida Statutes (1997), which provides: Rules promulgated by the division [of administrative hearings] may authorize any reasonable sanctions except contempt for violation of the rules of the division or…”

Woodard v. Florida State Univ., 518 So. 2d 336 (Fla. 1st DCA 1987). · cites it 2× “" Section 120.65(2), Florida Statutes, (1985) (emphasis added).”

The Sch. Bd. of Hillsborough Cnty., Florida v. Stephanie Woodford, 270 So. 3d 481 (Fla. 2d DCA 2019). “In support of its motion, the School Board attached its 2004 contract with the Division of Administrative Hearings (DOAH) for the "adjudication of administrative disputes" pursuant to section 120.65, Florida Statutes (2017). Under "Scope of Services," the contract provides that…”

Villas of Lake Jackson, Ltd. v. Leon Cnty., 884 F. Supp. 1544 (N.D. Fla. 1995). · cites it 2× “The final administrative order of the state hearing officer, the order from which the appeal was taken to the circuit court, recites that the matter was before a hearing officer of the Florida Division of Administrative pursuant to § 120.65(9), Fla.Stat. (1989), which authorizes…”

Cotter v. Dist. Bd. of Trs. of Pensacola Junior Coll., 548 So. 2d 731 (Fla. 1st DCA 1989). · cites it 2× “However, PJC notes section 120.65(7), Florida Statutes, which provides that the director of DOAH is allowed the discretion of designating qualified laypersons to conduct administrative hearings.”

Mathis v. Florida Dep't of Corr., 726 So. 2d 389 (Fla. 1st DCA 1999). · cites it 2× “There is no statute pertaining to PERC comparable to section 120.65(9), Florida Statutes (1997), which provides: Rules promulgated by the division [of administrative hearings] may authorize any reasonable sanctions except contempt for violation of the rules of tire division or…”

World Transp., Inc. v. Cent. Florida Reg'l Transp., 641 So. 2d 913 (Fla. 5th DCA 1994). · cites it 2× “See generally § 120.65, Fla.Stat. (1993). In any event, selection of another board member would not be appropriate.”

Oracle Am., Inc. v. Florida Dep't of Revenue (Fla. 1st DCA 2024). · cites it 4× “(stating that the APA shall not apply to the Legislature or the courts); § 120.65(1), Fla. Stat. (stating that DOAH lies “within the Department of Management Services”).”

Oracle Am., Inc. v. Dep't of Revenue (Fla. 1st DCA 2024). · cites it 4× “(stating that the APA shall not apply to the Legislature or the courts); § 120.65(1), Fla. Stat. (stating that DOAH lies “within the Department of Management Services”).”

Show all 16 citing cases →

— 120.65(1) — 3 cases

Oracle Am., Inc. v. Florida Dep't of Revenue (Fla. 1st DCA 2024). “(stating that the APA shall not apply to the Legislature or the courts); § 120.65(1), Fla. Stat. (stating that DOAH lies “within the Department of Management Services”).”

Oracle Am., Inc. v. Dep't of Revenue (Fla. 1st DCA 2024). “(stating that the APA shall not apply to the Legislature or the courts); § 120.65(1), Fla. Stat. (stating that DOAH lies “within the Department of Management Services”).”

— 120.65(2) — 1 case

Woodard v. Florida State Univ., 518 So. 2d 336 (Fla. 1st DCA 1987). “" Section 120.65(2), Florida Statutes, (1985) (emphasis added).”

— 120.65(4) — 3 cases

— 120.65(5) — 1 case

Gerardo Castiello v. Florida Div. of Admin. etc., 229 So. 3d 861 (Fla. 1st DCA 2017).

— 120.65(6) — 1 case

Bradshaw v. Bott, 205 So. 3d 815 (Fla. 4th DCA 2016). “” § 120.65(6), Fla. Stat. Because the Sheriff did not contract with the DOAH to conduct hearings, it did not comply with the provisions of the Act.”

— 120.65(7) — 1 case

Cotter v. Dist. Bd. of Trs. of Pensacola Junior Coll., 548 So. 2d 731 (Fla. 1st DCA 1989). “However, PJC notes section 120.65(7), Florida Statutes, which provides that the director of DOAH is allowed the discretion of designating qualified laypersons to conduct administrative hearings.”

— 120.65(9) — 4 cases

Gopman v. Dep't of Educ., 974 So. 2d 1208 (Fla. 1st DCA 2008). “Similarly, section 120.65(9), Florida Statutes, authorizes an ALJ to impose "any reasonable sanction[ ] except contempt for violation of the rules of the division or failure to comply with a reasonable order.”

Mathis v. Florida Dept. of Corr., 726 So. 2d 389 (Fla. 1st DCA 1999). “There is no statute pertaining to PERC comparable to section 120.65(9), Florida Statutes (1997), which provides: Rules promulgated by the division [of administrative hearings] may authorize any reasonable sanctions except contempt for violation of the rules of the division or…”

Villas of Lake Jackson, Ltd. v. Leon Cnty., 884 F. Supp. 1544 (N.D. Fla. 1995). “The final administrative order of the state hearing officer, the order from which the appeal was taken to the circuit court, recites that the matter was before a hearing officer of the Florida Division of Administrative pursuant to § 120.65(9), Fla.Stat. (1989), which authorizes…”

Mathis v. Florida Dep't of Corr., 726 So. 2d 389 (Fla. 1st DCA 1999). “There is no statute pertaining to PERC comparable to section 120.65(9), Florida Statutes (1997), which provides: Rules promulgated by the division [of administrative hearings] may authorize any reasonable sanctions except contempt for violation of the rules of tire division or…”

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