(1) Notwithstanding the provisions of s. 112.3143, any individual serving alone or with others as an agency head may be disqualified from serving in an agency proceeding for bias, prejudice, or interest when any party to the agency proceeding shows just cause by a suggestion filed within a reasonable period of time prior to the agency proceeding. If the disqualified individual was appointed, the appointing power may appoint a substitute to serve in the matter from which the individual is disqualified. If the individual is an elected official, the Governor may appoint a substitute to serve in the matter from which the individual is disqualified. However, if a quorum remains after the individual is disqualified, it shall not be necessary to appoint a substitute.
(2) Any agency action taken by a duly appointed substitute for a disqualified individual shall be as conclusive and effective as if agency action had been taken by the agency as it was constituted prior to any substitution.
History.—s. 1, ch. 74-310; s. 12, ch. 78-425; s. 2, ch. 83-329; s. 767, ch. 95-147; s. 34, ch. 96-159; s. 18, ch. 2013-36.
Note.—Former s. 120.71.
Structure Florida Statutes
Title X - Public Officers, Employees, and Records
Chapter 120 - Administrative Procedure Act
120.50 - Exception to Application of Chapter.
120.515 - Declaration of Policy.
120.525 - Meetings, Hearings, and Workshops.
120.53 - Maintenance of Agency Final Orders.
120.536 - Rulemaking Authority; Repeal; Challenge.
120.541 - Statement of Estimated Regulatory Costs.
120.542 - Variances and Waivers.
120.545 - Committee Review of Agency Rules.
120.555 - Summary Removal of Published Rules No Longer in Force and Effect.
120.565 - Declaratory Statement by Agencies.
120.569 - Decisions Which Affect Substantial Interests.
120.57 - Additional Procedures for Particular Cases.
120.573 - Mediation of Disputes.
120.62 - Agency Investigations.
120.65 - Administrative Law Judges.
120.655 - Withholding Funds to Pay for Administrative Law Judge Services to School Boards.
120.66 - Ex Parte Communications.
120.665 - Disqualification of Agency Personnel.
120.69 - Enforcement of Agency Action.
120.695 - Notice of Noncompliance; Designation of Minor Violation of Rules.
120.72 - Legislative Intent; References to Chapter 120 or Portions Thereof.
120.73 - Circuit Court Proceedings; Declaratory Judgments.
120.74 - Agency Annual Rulemaking and Regulatory Plans; Reports.
120.80 - Exceptions and Special Requirements; Agencies.
120.81 - Exceptions and Special Requirements; General Areas.