Florida Statute 120.65 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

View Entire Chapter

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 Citing Statute 120.65

Total Results: 20

Oracle America, Inc. v. Department of Revenue

Court: District Court of Appeal of Florida | Date Filed: 2024-12-04

Snippet: not apply to the Legislature or the courts); § 120.65(1), Fla. Stat. (stating that DOAH lies “within

Oracle America, Inc. v. Florida Department of Revenue

Court: District Court of Appeal of Florida | Date Filed: 2024-12-04

Snippet: not apply to the Legislature or the courts); § 120.65(1), Fla. Stat. (stating that DOAH lies “within

Oracle America, Inc. v. Florida Department of Revenue

Court: District Court of Appeal of Florida | Date Filed: 2024-12-04

Snippet: not apply to the Legislature or the courts); § 120.65(1), Fla. Stat. (stating that DOAH lies “within

School Board of Palm Beach County v. Ana Groover

Court: District Court of Appeal of Florida | Date Filed: 2024-02-28

Snippet: Division of Administrative Hearings under s. 120.65 to conduct hearings under this section. The

South Broward Hospital District d/b/a Memorial Healthcare System v. Kimarie Stratos

Court: District Court of Appeal of Florida | Date Filed: 2023-11-08

Snippet: Division of Administrative Hearings under s. 120.65 to conduct hearings under this section. § 112

THE SCHOOL BOARD OF HILLSBOROUGH COUNTY, FLORIDA v. STEPHANIE WOODFORD

Court: District Court of Appeal of Florida | Date Filed: 2019-04-26

Citation: 270 So. 3d 481

Snippet: administrative disputes" pursuant to section 120.65, Florida Statutes (2017). Under

Gerardo Castiello v. Florida Division of Administrative etc.

Court: District Court of Appeal of Florida | Date Filed: 2017-10-11

Citation: 229 So. 3d 861

Snippet: preside over Castiello’s cases pursuant to section 120.65(5), Florida Statutes, and OJCC published a notice

Bradshaw v. Bott

Court: District Court of Appeal of Florida | Date Filed: 2016-11-16

Citation: 205 So. 3d 815, 2016 Fla. App. LEXIS 17124

Snippet: the Division of Administrative Hearings under s. 120.65 to conduct hearings under this section. The administrative

Holly Julian v. Bay County District School Board

Court: District Court of Appeal of Florida | Date Filed: 2016-04-14

Citation: 189 So. 3d 310, 2016 WL 1458510, 2016 Fla. App. LEXIS 5674

Snippet: the Division of Administrative'Hearings under s. 120.65 to conduct hearings under this section. (Emphasis

University of Central Florida Board of Trustees v. Turkiewicz

Court: District Court of Appeal of Florida | Date Filed: 2009-11-06

Citation: 21 So. 3d 141, 29 I.E.R. Cas. (BNA) 1839, 2009 Fla. App. LEXIS 16555, 2009 WL 3672073

Snippet: the Division of Administrative Hearings under s. 120.65 to conduct hearings under this section ... Within

Gopman v. DEPARTMENT OF EDUC.

Court: District Court of Appeal of Florida | Date Filed: 2008-02-25

Citation: 974 So. 2d 1208, 2008 WL 482345

Snippet: inexpensive determination" of a case. Similarly, section 120.65(9), Florida Statutes, authorizes an ALJ to impose

Browne v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 2006-11-08

Citation: 948 So. 2d 792, 2006 Fla. App. LEXIS 18594, 2006 WL 3208504

Snippet: the Division of Administrative Hearings under s. 120.65 to conduct hearings under this section. The administrative

JM v. Florida Agency for Persons With Disabilities

Court: District Court of Appeal of Florida | Date Filed: 2006-08-08

Citation: 938 So. 2d 535, 2006 Fla. App. LEXIS 13199, 2006 WL 2251885

Snippet: supervision, or direction" by the department); 120.65(1), Fla. Stat. (2005) (providing that the Division

Ago

Court: Florida Attorney General Reports | Date Filed: 1999-09-01

Snippet: Stat. (Correctional Privatization Commission); s. 120.65, Fla. Stat. (Division of Administrative Hearings);

Mathis v. Florida Department of Corrections

Court: District Court of Appeal of Florida | Date Filed: 1999-02-15

Citation: 726 So. 2d 389, 1999 Fla. App. LEXIS 1406

Snippet: statute pertaining to PERC comparable to section 120.65(9), Florida Statutes (1997), which provides: Rules

Mathis v. Florida Dept. of Corrections

Court: District Court of Appeal of Florida | Date Filed: 1999-02-15

Citation: 726 So. 2d 389, 1999 WL 69631

Snippet: statute pertaining to PERC comparable to section 120.65(9), Florida Statutes (1997), which provides: Rules

City of Miami v. Del Rio

Court: District Court of Appeal of Florida | Date Filed: 1998-10-28

Citation: 723 So. 2d 299, 14 I.E.R. Cas. (BNA) 949, 1998 Fla. App. LEXIS 13664, 1998 WL 764717

Snippet: the Division of Administrative Hearings under s. 120.65(8) to conduct hearings under this section. The

Tallahassee Memorial Regional Medical Center, Inc. v. Kinsey

Court: District Court of Appeal of Florida | Date Filed: 1995-05-18

Citation: 655 So. 2d 1191, 1995 Fla. App. LEXIS 5342

Snippet: Hearings pursuant to this section, s. 120.53, or s. 120.65 may authorize any reasonable sanctions except contempt

TALLAHASSEE MEM. REG. MED. v. Kinsey

Court: District Court of Appeal of Florida | Date Filed: 1995-05-18

Citation: 655 So. 2d 1191

Snippet: Hearings pursuant to this section, s. 120.53, or s. 120.65 may authorize any reasonable sanctions except contempt

World Transportation, Inc. v. Central Florida Regional Transportation

Court: District Court of Appeal of Florida | Date Filed: 1994-07-21

Citation: 641 So. 2d 913, 1994 Fla. App. LEXIS 7216

Snippet: Division of Administrative Hearings. See generally § 120.65, Fla.Stat. (1993). In any event, selection of another