The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

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F.S. 120.65

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.

F.S. 120.65 on Google Scholar

F.S. 120.65 on Casetext

Amendments to 120.65

Arrestable Offenses / Crimes under Fla. Stat. 120.65

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.65.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SCHOOL BOARD OF HILLSBOROUGH COUNTY, v. WOODFORD,, 270 So. 3d 481 (Fla. App. Ct. 2019)

. . . for handling such complaints or has contracted with the Division of Administrative Hearings under s. 120.65 . . . Administrative Hearings (DOAH) for the "adjudication of administrative disputes" pursuant to section 120.65 . . . for handling such complaints or has contracted with the Division of Administrative Hearings under s. 120.65 . . .

CASTIELLO, v. FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS, 229 So. 3d 861 (Fla. Dist. Ct. App. 2017)

. . . DOAH’s chief judge designated a hearing officer to preside over Castiello’s cases pursuant to section 120.65 . . .

BRADSHAW, v. BOTT,, 205 So. 3d 815 (Fla. Dist. Ct. App. 2016)

. . . for handling such complaints or has contracted with the Division of Administrative Hearings under s. 120.65 . . . for handling such complaints or has contracted with the Division of Administrative Hearings under s. 120.65 . . . Section 120.65(6), Florida Statutes (2016), provides: “The division is authorized to provide administrative . . . a contract basis to any governmental entity to conduct any hearing not covered by this section.” § 120.65 . . .

JULIAN, v. BAY COUNTY DISTRICT SCHOOL BOARD,, 189 So. 3d 310 (Fla. Dist. Ct. App. 2016)

. . . handling such complaints " or' has contracted with ■ the Division of Administrative'Hearings under s. 120.65 . . .

UNIVERSITY OF CENTRAL FLORIDA BOARD OF TRUSTEES, v. TURKIEWICZ,, 21 So. 3d 141 (Fla. Dist. Ct. App. 2009)

. . . for handling such complaints or has contracted with the Division of Administrative Hearings under s. 120.65 . . .

B. GOPMAN, v. DEPARTMENT OF EDUCATION,, 974 So. 2d 1208 (Fla. Dist. Ct. App. 2008)

. . . Similarly, section 120.65(9), Florida Statutes, authorizes an ALJ to impose “any reasonable sanction . . .

BROWNE, v. CITY OF MIAMI,, 948 So. 2d 792 (Fla. Dist. Ct. App. 2006)

. . . for handling such complaints or has contracted with the Division of Administrative Hearings under s. 120.65 . . .

J. M. v. FLORIDA AGENCY FOR PERSONS WITH DISABILITIES,, 938 So. 2d 535 (Fla. Dist. Ct. App. 2006)

. . . purposes, and that the agency is not “subject to control, supervision, or direction” by the department); § 120.65 . . .

PINO, v. THE CITY OF MIAMI, a, 315 F. Supp. 2d 1230 (S.D. Fla. 2004)

. . . for handling such complaints or has contracted with the Division of Administrative Hearings under s. 120.65 . . .

In AUTO INTERNATIONAL REFRIGERATION, H. v., 275 B.R. 789 (Bankr. N.D. Tex. 2002)

. . . 11/1/98 OO 5,824.22 $222,438.86 0.05% $ 111.22 0.00 11/2/98 'OO 4.143.16 $241,295.70 0.05% 23,000.00 120.65 . . .

MATHIS, Jr. v. FLORIDA DEPARTMENT OF CORRECTIONS,, 726 So. 2d 389 (Fla. Dist. Ct. App. 1999)

. . . There is no statute pertaining to PERC comparable to section 120.65(9), Florida Statutes (1997), which . . .

CITY OF MIAMI, v. DEL RIO,, 723 So. 2d 299 (Fla. Dist. Ct. App. 1998)

. . . for handling such complaints or has contracted with the Division of Administrative Hearings under s. 120.65 . . .

WALLACE, NORTHEAST UTILITIES, v. M. FOX,, 7 F. Supp. 2d 132 (D. Conn. 1998)

. . . 11,775.00 Gross Pomerantz Haudek Partner 667.10 410.00 275.00 183,452.50 Grossman Pomerantz Haudek Partner 120.65 . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. C. M. D. v. E. KINSEY, Jr., 655 So. 2d 1191 (Fla. Dist. Ct. App. 1995)

. . . Rules promulgated by the Division of Administrative Hearings pursuant to this section, s. 120.53, or s. 120.65 . . .

VILLAS OF LAKE JACKSON, LTD. v. LEON COUNTY,, 884 F. Supp. 1544 (N.D. Fla. 1995)

. . . that the matter was before a hearing officer of the Florida Division of Administrative pursuant to § 120.65 . . .

WORLD TRANSPORTATION, INC. v. CENTRAL FLORIDA REGIONAL TRANSPORTATION,, 641 So. 2d 913 (Fla. Dist. Ct. App. 1994)

. . . See generally § 120.65, Fla.Stat. (1993). . . .

UNIVERSITY OF MIAMI, d b a a v. ECHARTE, a ECHARTE, 585 So. 2d 293 (Fla. Dist. Ct. App. 1991)

. . . Rules promulgated by the Division of Administrative Hearings pursuant to this section, s. 120.53, or s. 120.65 . . .

Dr. P. COTTER, v. DISTRICT BOARD OF TRUSTEES OF PENSACOLA JUNIOR COLLEGE,, 548 So. 2d 731 (Fla. Dist. Ct. App. 1989)

. . . However, PJC notes section 120.65(7), Florida Statutes, which provides that the director of DOAH is allowed . . .

DYKES, v. QUINCY TELEPHONE COMPANY, a ZEIGLER, v. QUINCY TELEPHONE COMPANY, a, 539 So. 2d 503 (Fla. Dist. Ct. App. 1989)

. . . hearing officers of the Division of Administrative Hearings are set forth under Sections 120.57 and 120.65 . . .

S. WOODARD, v. FLORIDA STATE UNIVERSITY,, 518 So. 2d 336 (Fla. Dist. Ct. App. 1987)

. . . provision for appointment of hearing officers to conduct hearings “required by this chap-ter_” Section 120.65 . . .

ARTEMIS RESTAURANT v. CITY OF CLEARWATER, 24 Fla. Supp. 2d 276 (Fla. Div. Admin. Hearings 1986)

. . . Section 120.65, Florida Statutes; Section 137.013, Clearwater Land Development Code. . . .

UNIVERSITY COMMUNITY HOSPITAL, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 492 So. 2d 1339 (Fla. Dist. Ct. App. 1985)

. . . or request the Division of Administrative Hearings in accordance with sections 120.57(l)(b)(3) and 120.65 . . .

HILLSBOROUGH COUNTY HOSPITAL AUTHORITY, d b a v. TAMPA HEART INSTITUTE UNIVERSITY COMMUNITY HOSPITAL, v. TAMPA HEART INSTITUTE, St. s, 472 So. 2d 748 (Fla. Dist. Ct. App. 1985)

. . . exercise of power authorized by construing together sections 120.53(l)(c), 120.54(10), 120.57(1) and 120.65 . . .

D. VARON, v. FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 366 So. 2d 506 (Fla. Dist. Ct. App. 1979)

. . . See Section 120.65, Florida Statutes (1977); Fla.Admin.Code Rule 221-3.01. . . .

FLORIDA RETAIL FEDERATION, INC. a v. T. MAYO, 331 So. 2d 308 (Fla. 1976)

. . . Sections 120.54(9) and 120.65, Florida Statutes, and section 2 of this act shall take effect October . . .

v., 46 T.C. 821 (T.C. 1966)

. . . accounts: Oakland Plat expenses_ 1,202.02 All other construction costs_ 38,197.13 Rental expenses_ 120.65 . . .

v. v., 35 F. 796 (C.C.E.D.N.Y. 1888)

. . . with costs of the district court to the claimants of the cotton, in the suit against it, taxed at $120.65 . . .