ENROLLED 2022 Legislature CS for SB 1658 20221658er 1 2 An act relating to executive appointments; amending s. 3 20.201, F.S.; requiring that the executive director of 4 the Department of Law Enforcement be appointed subject 5 to a majority vote of the Governor and Cabinet, with 6 the Governor on the prevailing side; amending s. 7 20.255, F.S.; requiring the appointment of the 8 secretary of the Department of Environmental 9 Protection be subject to the concurrence of three 10 members of the Cabinet or confirmation by the Senate; 11 requiring the Governor to notify the Cabinet and the 12 President of the Senate in writing of the method of 13 confirmation; requiring the Governor, if seeking the 14 concurrence of the Cabinet, to seek such concurrence 15 at the first scheduled meeting after appointment; 16 providing that an appointee who does not receive the 17 concurrence of the Cabinet may serve for a specified 18 timeframe; providing that an appointee who does not 19 receive concurrence from the Cabinet is not eligible 20 for appointment to the same office for a specified 21 timeframe; providing procedures for confirmation by 22 the Senate; amending s. 20.37, F.S.; requiring that 23 the executive director of the Department of Veterans 24 Affairs be appointed subject to a majority vote of the 25 Governor and Cabinet, with the Governor on the 26 prevailing side; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1.Subsection (1) of section 20.201, Florida 31 Statutes, is amended to read: 32 20.201Department of Law Enforcement. 33 (1)There is created a Department of Law Enforcement. The 34 head of the department is the Governor and Cabinet. The 35 executive director of the department shall be appointed by the 36 Governor subject to a majority vote of the Governor and Cabinet, 37 with the Governor on the prevailing side. The appointment is 38 with the approval of three members of the Cabinet and subject to 39 confirmation by the Senate. The executive director shall serve 40 at the pleasure of the Governor and Cabinet. The executive 41 director may establish a command, operational, and 42 administrative services structure to assist, manage, and support 43 the department in operating programs and delivering services. 44 Section 2.Subsection (1) of section 20.255, Florida 45 Statutes, is amended to read: 46 20.255Department of Environmental Protection.There is 47 created a Department of Environmental Protection. 48 (1)Notwithstanding s. 20.05(2), the head of the Department 49 of Environmental Protection shall be a secretary, who shall be 50 appointed by the Governor, with the concurrence of three members 51 of the Cabinet or subject to confirmation by the Senate. 52 (a)Upon appointment, the Governor shall, in writing, 53 notify the Cabinet and the President of the Senate that he or 54 she will seek either the concurrence of three members of the 55 Cabinet or confirmation of the appointee by the Senate. 56 (b)If the Governor seeks the concurrence of three members 57 of the Cabinet for the appointment, such concurrence must be 58 obtained at the first scheduled meeting of the Cabinet following 59 the appointment. If concurrence of three members of the Cabinet 60 is not obtained at such meeting, the appointee may be held over 61 until his or her successor is appointed and qualified, but the 62 period of such holdover may not exceed 30 days from the date of 63 the Cabinet meeting at which the appointment was considered. An 64 appointee who does not receive the concurrence of three members 65 of the Cabinet is not eligible for appointment to the same 66 office for 1 year after the date of the Cabinet meeting at which 67 the appointment was considered. 68 (c)If the Governor seeks confirmation of the appointee by 69 the Senate, s. 114.05 applies The secretary shall be confirmed 70 by the Florida Senate. 71 (d)The secretary shall serve at the pleasure of the 72 Governor. 73 Section 3.Subsection (1) of section 20.37, Florida 74 Statutes, is amended to read: 75 20.37Department of Veterans Affairs.There is created a 76 Department of Veterans Affairs. 77 (1)The head of the department is the Governor and Cabinet. 78 The executive director of the department shall be appointed by 79 the Governor subject to a majority vote of the Governor and 80 Cabinet, with the Governor on the prevailing side. The 81 appointment is with the approval of three members of the Cabinet 82 and subject to confirmation by the Senate. The executive 83 director shall serve at the pleasure of the Governor and 84 Cabinet. 85 Section 4.This act shall take effect upon becoming a law.