OFFICE OF THE GENERAL COUNSEL/ATTORNEY - 79011076

Requisition No: 827420 

Agency: Business and Professional Regulations

Working Title: OFFICE OF THE GENERAL COUNSEL/ATTORNEY - 79011076

 Pay Plan: SES

Position Number: 79011076 

Salary:  Hiring Salary: $ 60,816.00 

Posting Closing Date: 04/30/2024 

Total Compensation Estimator Tool

OFFICE OF THE GENERAL COUNSEL
ATTORNEY
Multiple Positions Available
Hiring Salary: $ 60,816.00

**Open Competitive**

Our Organization and Mission:

License efficiently. Regulate fairly. Florida counts on DBPR to ensure a lot of important matters are handled well. They range from the safety of food service to the integrity of real estate transactions, to the transparency of condominium governance, and of course, the qualifications of licensure that ensure work requiring a skilled professional is performed safely and sufficiently.  Our stakeholders include these professionals and their customers alike.

Under the direction of Secretary Melanie S. Griffin, the agency oversees many of Florida’s professions and industries in the areas above, and many more which can be seen on our website: http://www.myfloridalicense.com/DBPR/.

The General Counsel’s Office has many areas of business and administrative law.

The Work You Will Do:

As prosecutors, OGC has a unique role within the Department.

OGC has units in:

• Alcoholic, Beverages, & Tobacco
• Hotels & Restaurants, Condos
• Timeshares, & Mobile Homes
• Drugs, Devices, & Cosmetics
• Construction & Unlicensed Activity
• Arbitration
• Certified Public Accounting
• Real Estate.

Whereas other divisions and offices in the Department are dedicated to efficient licensing and customer service, we are responsible for the fair disciplining of licensees and advocating for each division’s best interests. Unlike those whose core mission is customer service, we will rarely satisfy everyone, and it is not our role to do so.

Our task is to stay focused on our unique role, and not allow others to distract us from it, or to redefine our core mission.

We often need to talk to witnesses, including complainants, to evaluate cases. A key part of our job is to determine the witnesses’ knowledge and their motives and biases. People often have their own agendas which do not mirror our core mission.

Our overriding responsibility is to encourage compliance, and to protect the safety, health and welfare of Florida’s citizens and visitors.

It is important for us to be polite, respectful, understanding and tactful. However, we are not expected to take abuse from anyone. If someone insists on being impolite, or is otherwise inappropriate, you may end the communication and document the reasons.

We need to provide complainants with the opportunity to make their cases. Sometimes, this will involve multiple contacts and reviews of the same, or supplemental, information. However, fairness requires that the time we spend on any one case be balanced against the needs of other people who have an established place in line, and who have not already had the benefit of multiple reviews. Exercise discretion regarding when enough is enough, and close out cases accordingly.

Provide general explanations to complainants regarding how their cases will progress as well as periodic generic updates so they understand the status of their cases.

Do not discuss or explain your mental impressions, thought process, legal strategy, the evidence, potential settlement terms, or the specifics about any case. Likewise, do not answer questions covering such material. Protect your work product.

Your Specific Responsibilities:

This position is primarily responsible for performing administrative prosecution of violations for assigned professions/occupations/businesses under the jurisdiction of the department.

• Analyze violations of statutes or administrative rules for regulated professions/occupations/businesses, including reviewing investigative reports and evidence;
• Recommends appropriate action, including finding of probable cause;
• Draft administrative complaints, letters of guidance, dismissal orders, settlement stipulations, consent orders, closing orders, and emergency action documents;
• Present recommendations to probable cause panels or agency management;
• Identify cases where emergency action (including licensure suspension or restriction or remedy in circuit court) may be appropriate;
• Prosecute administrative complaints at the Division of Administrative Hearings or before the Department’s designated hearing officer or board;
• Conduct other civil and administrative litigation on behalf of the Department in all judicial forums as requested and required by law;
• Prepares pleadings, motions, memoranda, discovery, proposed orders, etc.;
• Conducts legal research and participates in settlement negotiations;
• Participate in meetings for non-board matters, probable cause panels, final agency action, board/division rule workshops;
• Provide legal advice on Department matters to management, other divisions and general staff as needed;
• Prosecutes and defends final orders, emergency suspension orders, declaratory judgments, and rule waiver and variance decisions;
• Responds to or reviews responses to public records requests;
• Prepares correspondence applicable to particular cases or complaints as appropriate and on behalf of the Department;
• Performs other duties as directed by the supervisor or the Office of the General Counsel;
• Assists other units as needed.

Knowledge, Skills, and Abilities:

• Skill in drafting legal documents;
• Skill in managing multiple complex cases;
• Ability to prioritize work;
• Ability to work independently and in a team environment;
• Ability to communicate effectively;
• Ability to conduct legal research;
• Ability to make oral presentations in court and in large groups;
• Ability to plan, organize and coordinate work assignments;
• Ability to utilize problem-solving techniques;
• Ability to work independently. 
• Ability to recognize and act on emerging issues and shifting priorities.
• Ability to travel.

Minimum Requirements: 

• Must have a valid driver's license.
• Must have a Bachelor of Laws or Juris Doctor from a law school accredited by the American Bar Association.
• Must be a current member of the Florida Bar or pass the Florida Bar exam within one year of appointment to this position.

Preferred:

Please meet minimum requirements.

The Benefits of Working for the State of Florida:

 “Working for the State of Florida is more than a paycheck. The State’s total compensation package for employees features a highly competitive set of employee benefits including:

• State of Florida retirement package: 3% employee contribution required.
• Nine annual paid holidays and one personal holiday
• Ability to earn up to 104 hours of paid annual leave annually as a new employee with the State of Florida
• Ability to earn up to 104 hours of paid sick leave annually.
• The State of Florida offers health insurance coverage (i.e. individual and family coverage) to eligible employees.
• The State of Florida provides a $25,000 life insurance policy to eligible employees.
• Additional supplemental insurance policies are available for dental, vision, hospital supplement, cancer, etc.
• Tax deferred medical and childcare reimbursement accounts are available.
• Tuition waiver program to attend an approved State of Florida College or University

For additional benefit information, please visit the following website: http://www.mybenefits.myflorida.com

***Information contained in responses to Qualifying Questions concerning education, experience, knowledge, skills and/or abilities must also be disclosed on the State of Florida Employment Application. ***

Applicant Note: If you are the selected candidate for this position and hold a current license through the Florida Department of Business & Professional Regulation, you may be required to place your license in an inactive status.
 
NOTE: This position requires a security background check, physician assessment, drug screening, and participation in direct deposit. You will be required to provide your Social Security Number (SSN) and date of birth in order to conduct this background check.
 
Applicants are required to apply through the People First system by the closing date, by applying online.  All required documentation must be received by the closing date of the advertisement.  If you have any questions regarding your application, you may call 1-877-562-7287.

 
The Florida Department of Business & Professional Regulation is committed to increasing recruitment and hiring of individuals with disabilities and improving employment outcomes. 
 

Candidates requiring a reasonable accommodation, as defined by the Americans with Disabilities Act, must contact the DBPR Human Resources (HR) Office at (850) 487-2074. DBPR requests applicants notify HR in advance to allow sufficient time to provide the accommodation.

SPECIAL REMINDERS:

Male applicants born on or after October 1, 1962, will not be eligible for hire or promotion unless they are registered with the Selective Services System (SSS) before their 26th birthday, or have a Letter of Registration Exemption from the SSS.  For more information, please visit the SSS website: http://www.sss.gov .

If you are a retiree of the Florida Retirement System (FRS), please check with the FRS on how your current benefits will be affected if you are re-employed with the State of Florida. Your current retirement benefits may be canceled, suspended or deemed ineligible depending upon the date of your retirement.

The Florida Department of Business & Professional Regulation values the sacrifices veterans and their family members have given to our country and support the hiring of returning service members and military spouses.
 

A candidate for veterans’ preference who believes he or she was not afforded employment preference may file a complaint in accordance with Rule 55A-7.016, F.A.C., with the Florida Department of Veterans’ Affairs, Veterans’ Preference Coordinator, 11351 Ulmerton Road, Suite 311, Largo, FL, 33778. The Department of Veterans’ Affairs has also established an email where people can electronically file claims or ask questions. The email is veteranspreference@fdva.state.fl.us.

The Department of Business and Professional Regulation will only hire U. S. citizens and lawfully authorized alien workers. Our agency participates in the E-Verify System which is a federal government electronic database available for employers to use to verify the identity and employment eligibility of all persons hired to work in the United States.

 

The State of Florida is an Equal Opportunity Employer/Affirmative Action Employer, and does not tolerate discrimination or violence in the workplace.

Candidates requiring a reasonable accommodation, as defined by the Americans with Disabilities Act, must notify the agency hiring authority and/or People First Service Center (1-866-663-4735). Notification to the hiring authority must be made in advance to allow sufficient time to provide the accommodation.

The State of Florida supports a Drug-Free workplace. All employees are subject to reasonable suspicion drug testing in accordance with Section 112.0455, F.S., Drug-Free Workplace Act.