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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
A bill to be entitled 1
An act relating to executive appointments; amending s. 2
20.201, F.S.; providing that the executive director of 3
the Department of Law Enforcement shall be appointed 4
by the Governor subject to a majority vote of the 5
Governor and Cabinet with the Governor and Attorney 6
General on the prevailing side; amending 20.24, F.S.; 7
providing that the head of the Department of Hi ghway 8
Safety and Motor Vehicles shall be a secretary 9
appointed by the Governor and confirmed by the Senate; 10
providing that the secretary shall serve at the 11
pleasure of the Governor; amending s. 20.255, F.S.; 12
removing the requirement that the appointment of the 13
Secretary of Environmental Protection be subject to 14
the concurrence of three members of the Cabinet; 15
amending s. 20.37, F.S.; providing that the executive 16
director of the Department of Veterans' Affairs shall 17
be appointed by the Governor subject to a majority 18
vote of the Governor and Cabinet with the Governor on 19
the prevailing side; amending ss. 206.27, 207.021, 20
316.545, 320.275, 322.125, 397.333, 943.0313, and 21
943.06, F.S.; conforming provisions to changes made by 22
the act; providing an effective date. 23
24
Be It Enacted by the Legislature of the State of Florida: 25
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26
Section 1. Subsection (1) of section 20.201, Florida 27
Statutes, is amended to read: 28
20.201 Department of Law Enforcement. — 29
(1) There is created a Department of Law Enforcement. The 30
head of the department is the Governor and Cabinet. The 31
executive director of the department shall be appointed by the 32
Governor subject to a majority vote of the Governor and Cabinet, 33
with the Governor and Attorney General on the prevailing side. 34
The appointment is with the approval of three members of the 35
Cabinet and subject to confirmation by the Senate. The executive 36
director shall serve at the pleasure of the Governor and 37
Cabinet. The executive director may establish a command, 38
operational, and administrat ive services structure to assist, 39
manage, and support the department in operating programs and 40
delivering services. 41
Section 2. Subsection (1) of section 20.24, Florida 42
Statutes, is amended to read: 43
20.24 Department of Highway Safety and Motor Vehicle s.—44
There is created a Department of Highway Safety and Motor 45
Vehicles. 46
(1) The head of the Department of Highway Safety and Motor 47
Vehicles shall be a secretary appointed by the Governor and 48
confirmed by the Senate. The secretary shall serve at the 49
pleasure of the Governor is the Governor and Cabinet . 50
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Section 3. Subsection (1) of section 20.255, Florida 51
Statutes, is amended to read: 52
20.255 Department of Environmental Protection. —There is 53
created a Department of Environmental Protection. 54
(1) The head of the Department of Environmental Protection 55
shall be a secretary, who shall be appointed by the Governor . 56
The appointment is subject to confirmation , with the concurrence 57
of three members of the Cabinet. The secretary shall be 58
confirmed by the Florida Senate. The secretary shall serve at 59
the pleasure of the Governor. 60
Section 4. Subsection (1) of section 20.37, Florida 61
Statutes, is amended to read: 62
20.37 Department of Veterans' Affairs. —There is created a 63
Department of Veterans' Affairs. 64
(1) The head of the department is the Governor and 65
Cabinet. The executive director of the department shall be 66
appointed by the Governor subject to a majority vote of the 67
Governor and Cabinet, with the Governor on the prevailing side. 68
The appointment is with the approval of three members of the 69
Cabinet and subject to confirmation by the Senate. The executive 70
director shall serve at the pleasure of the Governor and 71
Cabinet. 72
Section 5. Subsection (2) of section 206.27, Florida 73
Statutes, is amended to read: 74
206.27 Records and files as public records. — 75
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(2) Nothing herein shall be construed as requiring the 76
department to provide as a public record any information 77
concerning audits in progress or those records and files of the 78
department described in this section w hich are currently the 79
subject of pending investigation by the Department of Revenue or 80
the Florida Department of Law Enforcement. It is specifically 81
provided that the foregoing information shall be exempt from the 82
provisions of s. 119.07(1) and shall be c onsidered confidential 83
pursuant to s. 213.053; however, the department may make 84
available to the Secretary executive director of the Department 85
of Highway Safety and Motor Vehicles or his or her designee, 86
exclusively for official purposes in administering chapter 207, 87
any information concerning any audit in progress, and the 88
provisions of s. 213.053(8) requiring a written agreement and 89
maintenance of confidentiality by the recipient, and the penalty 90
for breach of confidentiality, shall apply if the departme nt 91
makes such information available. Any officer, employee, or 92
former officer or employee of the department who divulges any 93
such information in any manner except for such official purposes 94
or under s. 213.053 is guilty of a misdemeanor of the first 95
degree, punishable as provided in s. 775.082 or s. 775.083. 96
Section 6. Paragraph (a) of subsection (2) of section 97
207.021, Florida Statutes, is amended to read: 98
207.021 Informal conferences; settlement or compromise of 99
taxes, penalties, or interest. — 100
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(2)(a) The secretary executive director or his or her 101
designee may enter into a closing agreement with a taxpayer 102
settling or compromising the taxpayer's liability for any tax, 103
interest, or penalty assessed under this chapter. Each agreement 104
must be in writing, in the form of a closing agreement approved 105
by the department, and signed by the secretary executive 106
director or his or her designee. The agreement is final and 107
conclusive, except upon a showing of material fraud or 108
misrepresentation of material fact. T he department may not make 109
an additional assessment against the taxpayer for the tax, 110
interest, or penalty specified in the closing agreement for the 111
time specified in the closing agreement, and the taxpayer may 112
not institute a judicial or administrative p roceeding to recover 113
any tax, interest, or penalty paid pursuant to the closing 114
agreement. The secretary executive director of the department or 115
his or her designee may approve the closing agreement. 116
Section 7. Subsection (7) of section 316.545, Florid a 117
Statutes, is amended to read: 118
316.545 Weight and load unlawful; special fuel and motor 119
fuel tax enforcement; inspection; penalty; review. — 120
(7) There is created within the Department of 121
Transportation the Commercial Motor Vehicle Review Board, 122
consisting of three permanent members who shall be the Secretary 123
of Transportation, the Secretary executive director of the 124
Department of Highway Safety and Motor Vehicles, and the 125
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Commissioner of Agriculture, or their authorized 126
representatives, and four additio nal members appointed pursuant 127
to paragraph (b), which may review any penalty imposed upon any 128
vehicle or person under the provisions of this chapter relating 129
to weights imposed on the highways by the axles and wheels of 130
motor vehicles, to special fuel and motor fuel tax compliance, 131
or to violations of safety regulations. 132
(a) The Secretary of Transportation or his or her 133
authorized representative shall be the chair of the review 134
board. 135
(b) The Governor shall appoint one member from the road 136
construction industry, one member from the trucking industry, 137
and one member with a general business or legal background. The 138
Commissioner of Agriculture shall appoint one member from the 139
agriculture industry. Each member appointed under this paragraph 140
must be a registered voter and resident of the state and must 141
possess business experience in the private sector. Members 142
appointed pursuant to this paragraph shall each serve a 2 -year 143
term. A vacancy occurring during the term of a member appointed 144
under this paragraph sh all be filled only for the remainder of 145
the unexpired term. Members of the board appointed under this 146
paragraph may be removed from office by the Governor for 147
misconduct, malfeasance, misfeasance, or nonfeasance in office. 148
(c) Each member, before enterin g upon his or her official 149
duties, shall take and subscribe to an oath before an official 150
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authorized by law to administer oaths that he or she will 151
honestly, faithfully, and impartially perform the duties 152
devolving upon him or her in office as a member of the review 153
board and that he or she will not neglect any duties imposed 154
upon him or her by s. 316.3025, s. 316.550, or this section. 155
(d) The chair of the review board is responsible for the 156
administrative functions of the review board. 157
(e) Four members of the board constitute a quorum, and the 158
vote of four members shall be necessary for any action taken by 159
the board. A vacancy on the board does not impair the right of a 160
quorum of the board to exercise all of the rights and perform 161
all of the duties of t he board. 162
(f) The review board may hold sessions and conduct 163
proceedings at any place within the state. As an alternative to 164
physical appearance, the Department of Transportation shall 165
allow a person requesting a hearing to appear remotely before 166
the board via communications media technology as authorized by 167
chapter 28-109, Florida Administrative Code, regardless of the 168
physical location of the board proceeding. 169
Section 8. Subsections (1) and (2) of section 320.275, 170
Florida Statutes, are amended to re ad: 171
320.275 Automobile Dealers Industry Advisory Board. — 172
(1) AUTOMOBILE DEALERS INDUSTRY ADVISORY BOARD. —The 173
Automobile Dealers Industry Advisory Board is created within the 174
Department of Highway Safety and Motor Vehicles. The board shall 175
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make recommendations on proposed legislation, make 176
recommendations on proposed rules and procedures, present 177
licensed motor vehicle dealer industry issues to the department 178
for its consideration, consider any matters relating to the 179
motor vehicle dealer industry presen ted to it by the department, 180
and submit an annual report to the secretary executive director 181
of the department and file copies with the Governor, the 182
President of the Senate, and the Speaker of the House of 183
Representatives. 184
(2) MEMBERSHIP, TERMS, MEETING S.— 185
(a) The board shall be composed of 12 members. The 186
secretary executive director of the department of Highway Safety 187
and Motor Vehicles shall appoint the members from names 188
submitted by the entities for the designated categories the 189
member will represent. The secretary executive director shall 190
appoint one representative of the Department of Highway Safety 191
and Motor Vehicles; two representatives of the independent motor 192
vehicle industry as recommended by the Florida Independent 193
Automobile Dealers Associ ation; two representatives of the 194
franchise motor vehicle industry as recommended by the Florida 195
Automobile Dealers Association; one representative of the 196
auction motor vehicle industry who is from an auction chain and 197
is recommended by a group affiliated with the National Auto 198
Auction Association; one representative of the auction motor 199
vehicle industry who is from an independent auction and is 200
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recommended by a group affiliated with the National Auto Auction 201
Association; one representative from the Departm ent of Revenue; 202
a Florida tax collector representative recommended by the 203
Florida Tax Collectors Association; one representative from the 204
Better Business Bureau; one representative from the Department 205
of Agriculture and Consumer Services, who must represen t the 206
Division of Consumer Services; and one representative of the 207
insurance industry who writes motor vehicle dealer surety bonds. 208
(b)1. The secretary executive director shall appoint the 209
following initial members to 1 -year terms: one representative 210
from the motor vehicle auction industry who represents an 211
auction chain, one representative from the independent motor 212
vehicle industry, one representative from the franchise motor 213
vehicle industry, one representative from the Department of 214
Revenue, one Florida tax collector, and one representative from 215
the Better Business Bureau. 216
2. The secretary executive director shall appoint the 217
following initial members to 2 -year terms: one representative 218
from the motor vehicle auction industry who represents an 219
independent auction, one representative from the independent 220
motor vehicle industry, one representative from the franchise 221
motor vehicle industry, one representative from the Division of 222
Consumer Services, one representative from the insurance 223
industry, and one representative from the department. 224
3. As the initial terms expire, the secretary executive 225
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director shall appoint successors from the same designated 226
category for terms of 2 years. If renominated, a member may 227
succeed himself or herself. 228
4. The board shall appoint a chair and vice chair at its 229
initial meeting and every 2 years thereafter. 230
(c) The board shall meet at least two times per year. 231
Meetings may be called by the chair of the board or by the 232
secretary executive director of the department. One meeting 233
shall be held in the fall of the year to review legislative 234
proposals. The board shall conduct all meetings in accordance 235
with applicable Florida Statutes and shall keep minutes of all 236
meetings. Meetings may be held in locat ions around the state in 237
department facilities or in other appropriate locations. 238
Section 9. Subsection (1) of section 322.125, Florida 239
Statutes, is amended to read: 240
322.125 Medical Advisory Board. — 241
(1) There shall be a Medical Advisory Board compo sed of 242
not fewer than 12 or more than 25 members, at least one of whom 243
must be 60 years of age or older and all but one of whose 244
medical and other specialties must relate to driving abilities, 245
which number must include a doctor of medicine who is employed 246
by the Department of Highway Safety and Motor Vehicles in 247
Tallahassee, who shall serve as administrative officer for the 248
board. The Secretary executive director of the Department of 249
Highway Safety and Motor Vehicles shall recommend persons to 250
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serve as board members. Every member but two must be a doctor of 251
medicine licensed to practice medicine in this or any other 252
state. One member must be an optometrist licensed to practice 253
optometry in this state. One member must be a chiropractic 254
physician licensed to p ractice chiropractic medicine in this 255
state. Members shall be approved by the Cabinet and shall serve 256
4-year staggered terms. The board membership must, to the 257
maximum extent possible, consist of equal representation of the 258
disciplines of the medical commu nity treating the mental or 259
physical disabilities that could affect the safe operation of 260
motor vehicles. 261
Section 10. Paragraph (b) of subsection (1) of section 262
397.333, Florida Statutes, is amended to read: 263
397.333 Statewide Drug Policy Advisory Council.— 264
(1) 265
(b) The following state officials shall be appointed to 266
serve on the advisory council: 267
1. The Attorney General, or his or her designee. 268
2. The executive director of the Department of Law 269
Enforcement, or his or her designee. 270
3. The Secretary of Children and Families, or his or her 271
designee. 272
4. The director of the Office of Planning and Budgeting in 273
the Executive Office of the Governor, or his or her designee. 274
5. The Secretary of Corrections, or his or her designee. 275
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6. The Secretary of Juvenile Justice, or his or her 276
designee. 277
7. The Commissioner of Education, or his or her designee. 278
8. The Secretary executive director of the Department of 279
Highway Safety and Motor Vehicles, or his or her designee. 280
9. The Adjutant General of t he state as the Chief of the 281
Department of Military Affairs, or his or her designee. 282
Section 11. Paragraph (b) of subsection (1) of section 283
943.0313, Florida Statutes, is amended to read: 284
943.0313 Domestic Security Oversight Council. —The 285
Legislature finds that there exists a need to provide executive 286
direction and leadership with respect to terrorism prevention, 287
preparation, protection, response, and recovery efforts by state 288
and local agencies in this state. In recognition of this need, 289
the Domestic Security Oversight Council is hereby created. The 290
council shall serve as an advisory council pursuant to s. 291
20.03(7) to provide guidance to the state's regional domestic 292
security task forces and other domestic security working groups 293
and to make recommenda tions to the Governor and the Legislature 294
regarding the expenditure of funds and allocation of resources 295
related to counter-terrorism and domestic security efforts. 296
(1) MEMBERSHIP.— 297
(b) In addition to the members designated in paragraph 298
(a), the council may invite other ex officio, nonvoting members 299
to attend and participate in council meetings. Those nonvoting 300
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members may include, but need not be limited to: 301
1. The Secretary executive director of the Department of 302
Highway Safety and Motor Vehicles. 303
2. The Secretary of Health Care Administration. 304
3. The Secretary of Environmental Protection. 305
4. The director of the Division of Law Enforcement within 306
the Fish and Wildlife Conservation Commission. 307
5. A representative of the Commission on Human Rel ations. 308
6. A representative of the United States Coast Guard. 309
7. A United States Attorney from a federal judicial 310
circuit within this state. 311
8. A special agent in charge from an office of the Federal 312
Bureau of Investigation within this state. 313
Section 12. Subsection (1) of section 943.06, Florida 314
Statutes, is amended to read: 315
943.06 Criminal and Juvenile Justice Information Systems 316
Council.—There is created a Criminal and Juvenile Justice 317
Information Systems Council within the department. 318
(1) The council shall be composed of 15 members, 319
consisting of the Attorney General or a designated assistant; 320
the executive director of the Department of Law Enforcement or a 321
designated assistant; the secretary of the Department of 322
Corrections or a designated assistant; the chair of the Florida 323
Commission on Offender Review or a designated assistant; the 324
Secretary of Juvenile Justice or a designated assistant; the 325
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Secretary executive director of the Department of Highway Safety 326
and Motor Vehicles or a designate d assistant; the Secretary of 327
Children and Families or a designated assistant; the State 328
Courts Administrator or a designated assistant; 1 public 329
defender appointed by the Florida Public Defender Association, 330
Inc.; 1 state attorney appointed by the Florida Prosecuting 331
Attorneys Association, Inc.; and 5 members, to be appointed by 332
the Governor, consisting of 2 sheriffs, 2 police chiefs, and 1 333
clerk of the circuit court. 334
Section 13. This act shall take effect July 1, 2022. 335