CS/CS/HB 1295 2022
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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.; requiring that the executive director of 3
the Department of Law Enforcement be appointed by the 4
Governor subject to a majority vote of the Governor 5
and Cabinet with the Governor on the prevailing side; 6
amending s. 20.255, F.S.; requiring that the 7
appointment of the Secretary of Environmental 8
Protection be subject to the concurrence of three 9
members of the Cabinet or confirmation by the Senate; 10
requiring the Governor to provide certain notification 11
to the Cabinet and the President of the Senate; 12
providing procedures for concurrence of the Cabinet 13
and confirmation by the Senate; amending s. 20.37, 14
F.S.; requiring that the executive director of the 15
Department of Veterans' Affairs be appointed by the 16
Governor subject to a majority vote of the Governor 17
and Cabinet with the Governor on the prevailing side; 18
providing an effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
22
Section 1. Subsection (1) of section 20.201, Florida 23
Statutes, is amended to read: 24
20.201 Department of Law Enforcement. — 25
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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
(1) There is created a Department of Law Enforcement. The 26
head of the department is the Governor and Cabinet. The 27
executive director of the department shall be appointed by the 28
Governor subject to a majority vote of the Governor and Cabinet, 29
with the Governor on the prevailing side. The appointment is 30
with the approval of three members of the Cabinet and subject to 31
confirmation by the Senate. The executive director shall serve 32
at the pleasure of the Governor and Cabinet. The executive 33
director may establish a command, operational, and 34
administrative services structure to assist, manage, and support 35
the department in operating programs and delivering services. 36
Section 2. Subsection (1) of section 20.255, Florida 37
Statutes, is amended to read: 38
20.255 Department of Environmental Protection. —There is 39
created a Department of Environmenta l Protection. 40
(1) Notwithstanding s. 20.05(2), the head of the 41
Department of Environmental Protection shall be a secretary, who 42
shall be appointed by the Governor, with the concurrence of 43
three members of the Cabinet or subject to confirmation by the 44
Senate. 45
(a) Upon making the appointment, the Governor shall, in 46
writing, notify the Cabinet and the President of the Senate that 47
he or she will seek either the concurrence of three members of 48
the Cabinet or confirmation of the appointee by the Senate. 49
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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
(b) If the Governor seeks the concurrence of three members 50
of the Cabinet for the appointment, such concurrence must be 51
obtained at the first scheduled meeting of the Cabinet following 52
the appointment. If the concurrence of three members of the 53
Cabinet is not obtained at such meeting, the appointee may be 54
held over until his or her successor is appointed and qualified, 55
but the period of such holdover may not exceed 30 days from the 56
date of the Cabinet meeting at which the appointment was 57
considered. An appoint ee who does not receive the concurrence of 58
three members of the Cabinet is not eligible for appointment to 59
the same office for 1 year after the date of the Cabinet meeting 60
at which the appointment was considered. 61
(c) If the Governor seeks confirmation of the appointee by 62
the Senate, s. 114.05 applies The secretary shall be confirmed 63
by the Florida Senate . 64
(d) The secretary shall serve at the pleasure of the 65
Governor. 66
Section 3. Subsection (1) of section 20.37, Florida 67
Statutes, is amended to read: 68
20.37 Department of Veterans' Affairs. —There is created a 69
Department of Veterans' Affairs. 70
(1) The head of the department is the Governor and 71
Cabinet. The executive director of the department shall be 72
appointed by the Governor subject to a majority vote of the 73
Governor and Cabinet, with the Governor on the prevailing side. 74
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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
The appointment is with the approval of three members of the 75
Cabinet and subject to confirmation by the Senate. The executive 76
director shall serve at the pleasure of the Governor and 77
Cabinet. 78
Section 4. This act shall take effect upon becoming a law. 79