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Florida Statute 120.65 - Full Text and Legal Analysis
Florida Statute 120.65 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 120
ADMINISTRATIVE PROCEDURE ACT
View Entire Chapter
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

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Amendments to 120.65


Annotations, Discussions, Cases:

Cases Citing Statute 120.65

Total Results: 16  |  Sort by: Relevance  |  Newest First

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Mathis v. Florida Dept. of Corr., 726 So. 2d 389 (Fla. 1st DCA 1999).

Cited 7 times | Published | Florida 1st District Court of Appeal | 1999 WL 69631

...Even so, the Administrative Procedure Act applies to career service proceedings before PERC." Roberts v. Department of Corrections, 690 So.2d 1383, 1383 (Fla. 1st DCA 1997). But PERC lacks statutory authority for rules that authorize sanctions. There is no statute pertaining to PERC comparable to section 120.65(9), Florida Statutes (1997), which provides: Rules promulgated by the division [of administrative hearings] may authorize any reasonable sanctions except contempt for violation of the rules of the division or failure to comply with a r...
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Bradshaw v. Bott, 205 So. 3d 815 (Fla. 4th DCA 2016).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 17124

...tion may file a complaint with the appropriate local governmental authority, if that authority has established by ordinance an administrative procedure for handling such complaints or has contracted with the Division of Administrative Hearings under s. 120.65 to conduct hearings under this section....
...That section requires that the employee exhaust an administrative remedy “if that authority has established by ordinance an administrative procedure for handling such complaints or has contracted with the Division of Administrative Hearings under s. 120.65 to conduct hearings under this section.” § 112.3187(8)(b), Fla. Stat. Although the Sheriff cannot pass ordinances, he could contract with the Division of Administrative Hearings (“DOAH”) to satisfy the provisions of the Act. Section 120.65(6), Florida Statutes (2016), provides: “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.” § 120.65(6), Fla....
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Villas of Lake Jackson, Ltd. v. Leon Cnty., 884 F. Supp. 1544 (N.D. Fla. 1995).

Cited 4 times | Published | District Court, N.D. Florida | 1995 U.S. Dist. LEXIS 1725, 1995 WL 60734

...Metropolitan Dade County, 968 F.2d 1101, 1108 (11th Cir.1992). [5] The final administrative order of the state hearing officer, the order from which the appeal was taken to the circuit court, recites that the matter was before a hearing officer of the Florida Division of Administrative pursuant to § 120.65(9), Fla.Stat....
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Gopman v. Dep't of Educ., 974 So. 2d 1208 (Fla. 1st DCA 2008).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2008 WL 482345

...Without dispute, an ALJ has the authority to ensure an orderly hearing. Florida Administrative Code Rule 28-106.211 allows an ALJ to "issue any orders necessary to . . . prevent delay, and to promote the just, speedy, and inexpensive determination" of a case. Similarly, section 120.65(9), Florida Statutes, authorizes an ALJ to impose "any reasonable sanction[ ] except contempt for violation of the rules of the division or failure to comply with a reasonable order." Although these provisions would not permit the ALJ...
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Woodard v. Florida State Univ., 518 So. 2d 336 (Fla. 1st DCA 1987).

Cited 2 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2857, 1987 Fla. App. LEXIS 11615, 1987 WL 2672

...to the last known address." The words "presiding officer" indicate that the administrative proces has already begun, a fact borne out by Chapter 120's provision for appointment of hearing officers to conduct hearings "required by this chapter. ..." Section 120.65(2), Florida Statutes, (1985) (emphasis added)....
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The Sch. Bd. of Hillsborough Cnty., Florida v. Stephanie Woodford, 270 So. 3d 481 (Fla. 2d DCA 2019).

Cited 2 times | Published | Florida 2nd District Court of Appeal

...Woodford failed to exhaust her administrative remedies prior to bringing suit as required by the Whistle-blower's Act. In support of its motion, the School Board attached its 2004 contract with the Division of Administrative Hearings (DOAH) for the "adjudication of administrative disputes" pursuant to section 120.65, Florida Statutes (2017). Under "Scope of Services," the contract provides that "DOAH agrees to make Administrative Law Judges available to" the School Board....
...ernmental authority, if that authority has established by ordinance an administrative procedure for handling such complaints or has contracted with the Division of Administrative Hearings under s. 120.65 to conduct hearings under this section....
...ental authority, if that authority has established by ordinance an administrative procedure for handling such complaints or has contracted with the Division of Administrative Hearings under s. 120.65 to conduct hearings under this section....
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Gerardo Castiello v. Florida Div. of Admin. etc., 229 So. 3d 861 (Fla. 1st DCA 2017).

Published | Florida 1st District Court of Appeal

...Compensation Claims (OJCC) to take action on the petition to initiate rulemaking he filed under section 120.54(7), Florida Statutes. Subsequent to the filing of the mandamus petition, DOAH’s chief judge designated a hearing officer to preside over Castiello’s cases pursuant to section 120.65(5), Florida Statutes, and OJCC published a notice of rule development on the subject of Castiello’s petition to initiate rulemaking. Based on these actions, we dismiss the mandamus petition as moot....
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Ago (Fla. Att'y Gen. 1994).

Published | Florida Attorney General Reports

prior to its amendment in 1984. At that time, section 120.65(12)(b) provided for remand if the agency action
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World Transp., Inc. v. Cent. Florida Reg'l Transp., 641 So. 2d 913 (Fla. Dist. Ct. App. 1994).

Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 7216, 1994 WL 380171

...Hurt, 411 So.2d 266 (Fla. 1st DCA 1982). In view of the adverse posture of the petitioner and the two agencies involved, we strongly recommend that the agencies request an independent hearing officer from the Division of Administrative Hearings. See generally § 120.65, Fla.Stat....
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Ago (Fla. Att'y Gen. 1975).

Published | Florida Attorney General Reports

...rs must be employees of or on contract with the new division. Section 120.57 (1)(c). No person may be employed by the division as a hearing officer unless he or she has been a member of The Florida Bar in good standing for the preceding three years. Section 120.65 (2), F.S....
...the agency or its designee may conduct the hearing if a fulltime hearing officer conducts the hearing or if the division advises the agency that it cannot provide a hearing officer within a reasonable time. This exception was originally contained in s. 120.65 (3)(b), F.S., in both the House and Senate versions: (b) The agency may conduct the hearings without regard to the provision of subsection (2) [now 120.57 (1)] if within two (2) years after the effective date of this act: (i) the director a...
...is insufficient to provide the requested hearing officer within a reasonable time, or (ii) a full-time hearing officer conducts the hearing. See 1 J. of the House of Rep. 917 (1974); and 1 J. of the Senate 555 (1974). Had this provision remained in s. 120.65 , it would have been part of the enacted s. 120.57 (1)(c) and s. 120.65 (2), F.S. The enacted transitional clause provides an exception to the hearing officer qualifications of s. 120.65 (2), F.S., which applies only to full-time hearing officers employed by the division. Cf. proposed s. 120.65 (3)(a) at 1 J....
...Although what is reasonable must be ascertained in each instance by the factual situation presented, it is my opinion that the agency designee under the second exception of s. 120.57 (1)(b), F.S., need not be a full-time hearing officer. The Legislature has clearly stated in ss. 120.57 (1)(c) and (d), 120.65 , and 120.71, F.S., the requirements of hearing officers and the instances when it is mandatory for a full-time hearing officer to preside....
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Varon v. Florida Dep't of Health & Rehabilitative Servs., 366 So. 2d 506 (Fla. Dist. Ct. App. 1979).

Published | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 13980

...However, the Commission was unable to do so because of a case backlog caused by the death of several Commission members. The appeal was therefore heard, at the request of the Commission, by a hearing officer of the Division of Administrative Hearings. See Section 120.65, Florida Statutes (1977); Fla.Admin.Code Rule 221-3.01....
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Mathis v. Florida Dep't of Corr., 726 So. 2d 389 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 1406

...Even so, the Administrative Procedure Act applies to career service proceedings before PERC.” Roberts v. Department of Corrections, 690 So.2d 1383, 1383 (Fla. 1st DCA 1997). But PERC lacks statutory authority for rules that authorize sanctions. There is no statute pertaining to PERC comparable to section 120.65(9), Florida Statutes (1997), which provides: Rules promulgated by the division [of administrative hearings] may authorize any reasonable sanctions except contempt for violation of the rules of tire division or failure to comply with a...
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Oracle Am., Inc. v. Florida Dep't of Revenue (Fla. 1st DCA 2024).

Published | Florida 1st District Court of Appeal

...* DOAH is an administrative agency, not a court. See Art. V, § 1, Fla. Const. (“No other courts may be established by the state . . . .”); see also § 120.50, Fla. Stat. (stating that the APA shall not apply to the Legislature or the courts); § 120.65(1), Fla....
...Likewise, administrative law judges hold offices created by the Legislature; they are not judicial officers holding positions established by the Constitution. Compare Art. V, § 8, Fla. Const. (establishing the eligibility criteria for the “office of justice” and the “office of judge”) with § 120.65(4), Fla....
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Oracle Am., Inc. v. Florida Dep't of Revenue (Fla. 1st DCA 2024).

Published | Florida 1st District Court of Appeal

...* DOAH is an administrative agency, not a court. See Art. V, § 1, Fla. Const. (“No other courts may be established by the state . . . .”); see also § 120.50, Fla. Stat. (stating that the APA shall not apply to the Legislature or the courts); § 120.65(1), Fla....
...Likewise, administrative law judges hold offices created by the Legislature; they are not judicial officers holding positions established by the Constitution. Compare Art. V, § 8, Fla. Const. (establishing the eligibility criteria for the “office of justice” and the “office of judge”) with § 120.65(4), Fla....
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Oracle Am., Inc. v. Dep't of Revenue (Fla. 1st DCA 2024).

Published | Florida 1st District Court of Appeal

...* DOAH is an administrative agency, not a court. See Art. V, § 1, Fla. Const. (“No other courts may be established by the state . . . .”); see also § 120.50, Fla. Stat. (stating that the APA shall not apply to the Legislature or the courts); § 120.65(1), Fla....
...Likewise, administrative law judges hold offices created by the Legislature; they are not judicial officers holding positions established by the Constitution. Compare Art. V, § 8, Fla. Const. (establishing the eligibility criteria for the “office of justice” and the “office of judge”) with § 120.65(4), Fla....
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Cotter v. Dist. Bd. of Trs. of Pensacola Junior Coll., 548 So. 2d 731 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 1949, 1989 Fla. App. LEXIS 4731, 1989 WL 97685

...PJC counters that the Board, not the Board’s attorney, conducted the hearing, with the Board’s attorney merely acting as legal advisor. The APA does not address the actions that may properly be taken by an attorney serving as a legal advisor to an agency in an administrative hearing. However, PJC notes section 120.65(7), Florida Statutes, which provides that the director of DOAH is allowed the discretion of designating qualified laypersons to conduct administrative hearings....

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