But Rep. Eric Eisnaugle, an Orlando Republican who voted against the bill, questioned whether the appointment process, and the ability of the governor to ax judges for unspecified reasons, would put a damper on the administrative judges’ oversight of executive agencies.
The proposal “is going to undermine their willingness and their independence to say no to an agency,” said Eisnaugle, who, like Fitzenhagen, is an attorney.
“Agency overreach is one of the biggest problems we deal with,” Eisnaugle said. “We need to put more checks on agencies, not fewer. … An administrative law judge is one of the few opportunities that Floridians have to fight back against an agency that’s out of control.”
Currently, the director of the division is the agency’s chief judge, who answers to the governor and Cabinet and must be confirmed by the Senate.
The notion of limiting the tenure of administrative law judges comes as House Speaker Richard Corcoran pushes a constitutional proposal that would restrict appellate judges to serving a maximum of two consecutive six-year terms.
