Bill would revamp selection of administrative judges

The Florida House signed off Wednesday on a measure that would give the governor and Cabinet control of appointing administrative law judges, who make decisions on state agency actions.

Currently, the judges are hired by the chief judge of the Division of Administrative Hearings.

The House bill (HB 1225) would give Gov. Rick Scott and the Cabinet authority to appoint the judges, who would be limited to serving a maximum of eight years --- unless they get fired by the statewide officials.

The judges would be picked from lists of nominees provided by a commission, also appointed by the governor and Cabinet.

The House passed the measure in an 86-28 vote Wednesday, but some Democrats complained that the plan attacks the independence of the administrative hearings process, which involves judges making decisions about agencies controlled by the governor or Cabinet.

The legislation "dramatically undermines the reliability and fairness" of the administrative hearing system, said Rep. Joe Geller, D-Aventura.

"I am all for accountability," said Rep. Loranne Ausley, D-Tallahassee. "But I think this bill goes too far."

But Rep. Heather Fitzenhagen, the bill's sponsor, said her proposal would improve the process by requiring "more robust" vetting and selection.

"A good system, which we have now, should not be where we want to stop. Let's strive for excellence," Fitzenhagen, R-Fort Myers, said.

A similar proposal has not received a floor vote in the Senate.

The Senate measure (SB 1352) would also limit administrative judges to serving two, four-year terms, and create a nominating commission appointed by the governor and Cabinet, but the chief judge would still have control over hiring and firing.