SENIOR ATTORNEY - 42005693

SENIOR ATTORNEY

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

OFFICE OF THE COMMISSIONER

  ***OPEN COMPETITIVE OPPORTUNITY***

CONTACT:

Blair Bodenmiller, 850-245-1034

MINIMUM REQUIREMENTS:

Admission to the Florida Bar and two (2) years of professional experience in the practice of law, legal research, teaching law or in administrative or judicial hearings.

EDUCATIONAL NOTE: Graduates utilizing education attained in the United States to meet the minimum requirements of a position will not be appointed until verification of the applicable degree has been obtained. Foreign trained graduates utilizing a degree attained outside of the United States to meet the minimum requirements of a position must be prepared to provide a copy of a credential evaluation conducted by an Approved Credential Evaluation Agency.  A list of approved agencies can be viewed at “Approved Credential Evaluation Agencies, Florida Department of Education.” Approved Credential Evaluation Agencies (fldoe.org) 

***ATTENTION CANDIDATES***

To be considered for a position with the Florida Department of Agriculture and Consumer Services:

• All fields in the Candidate Profile must be completed (an attached resume is not a substitution for the information required on the candidate profile).
• Work history, duties and responsibilities, hours worked, supervisor, and formal education fields, etc. must be filled out to determine qualifications for this position.
• Responses to Qualifying Questions must be verifiable in the Candidate Profile.
  
  

The Florida Department of Agriculture and Consumer Services values
and supports employment of individuals with disabilities. Qualified
individuals with disabilities are encouraged to apply.

ADDITIONAL REQUIREMENTS:

Occasional travel.

Membership in the Florida Bar.

NOTES:

To maintain fairness and integrity, applicants are required to provide honest and authentic responses during all stages of the evaluation and selection process. Applicants must rely on their own personal knowledge, thoughts, and impressions. A candidate’s use of Artificial Intelligence (AI) tools to answer qualifying questions or participate in interviews will be taken into consideration when determining qualification for the position.

Successful applicant must pass a background screening, including fingerprinting, as a condition of employment.

JOB DUTIES:

Under the Florida Constitution the Commissioner of Agriculture is responsible for all matters pertaining to agriculture except as otherwise provided by law.  The Florida Department of Agriculture and Consumer Services (FDACS), headed by the Commissioner of Agriculture, has a broad range of powers, functions and duties under various chapters of the Florida Statutes and, in carrying these out, has employed approximately 3500 employees assigned through several divisions and various offices.  To assist and guide the Commissioner and the employees in carrying out their responsibilities, the Commissioner has assigned the department's legal work to a General Counsel, Deputy General Counsels, Senior Attorneys, Attorneys and appropriate support staff.

An employee fulfilling the duties of a Senior Attorney is performing the most responsible professional legal work, other than that performed by a General Counsel and a Deputy General Counsel, that can be accomplished by an attorney for a state agency.  A high degree of independent, professional judgment, an intimate knowledge of the law, an ability and skill to handle complex litigation and all types of administrative actions as well as an ability to research and interpret complex provisions of the law as it relates to the powers, duties and functions of an agency are required of a Senior Attorney.  A Senior Attorney must be able to produce a high quality, professional work product in a timely, professional, and practical manner.  A Senior Attorney must also have a high degree of professional skill in client relations with an ability to listen and communicate effectively, to keep others informed, to deal effectively with conflict and change, and to develop and maintain a professional and effective working relationship with all department employees and the public.

Renders requested legal advice and counsel to the Commissioner, the commissioner's staff, and  the Divison of Food Safety within the department.

Handles complex cases on all levels of trial and appellate courts in the state and federal system as well as administrative proceedings under the Florida Administrative Procedures Act. Agency cases generally involve enforcement actions, defense of rules and statutes, mandatory or prohibitory injunctions, and contract matters. Reports to the General Counsel , Deputy General Counsel, and the Assistant Director and Director of Food Safety on the department's cases, their movement or resolution.

Represents the department and the Division of Food Safety (DFS) in trial and appellate work in civil and administrative cases including agency informal hearings upon request. Prepares pleadings and briefs and attends oral arguments incidental to these cases. Assists the DFS enforcement section with review of complex administrative actions and assists in drafting complex or unusual agency orders upon request. Reviews outgoing public record request documentation on request.

Serves as DFS Legal Advisor providing counsel and advice to the DFS Headquarters staff, Regional Managers and field personnel in matters pertaining to their duties and functions. Upon request, counsels and advises the Director and Assistant Director of DFS in the solution of administrative problems.

Renders legal advice in developing DFS programs, policies, rules, and regulations. Works with DFS staff to draft comprehensive rules and rule packages in support of Chapters 500 and 502, Florida Statutes. Conducts conferences, workshops, and public hearings, and institutes and conducts rule adoption procedures including correspondence with the Joint Administrative Procedures Committee. 

Prepares and promulgates legal opinions and statutory interpretation as necessary. Reviews DFS internal policies prior to promulgation.

Provides legal training for DFS personnel upon request. Speaks to other department employees and to other groups including assistant state attorneys and defense attorneys regarding programs related to DFS.

Answers telephone and written inquiries from attorneys and members of the public relating to DFS issues.

Attends General Counsel and DFS staff meetings and renders requested legal advice and counsel to the Commissioner and DFS staff involved with implementing the statutory responsibilities of the Commissioner and the department.  Stays abreast of litigation and court decisions which might affect statutes under which the department carries out its responsibilties.

Renders legal advice and counsel on other matters as requested. Performs other related duties as assigned.

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:

• Annual and Sick Leave benefits;
• Nine paid holidays and one Personal holiday each year;
• State Group Insurance coverage options, including health, life, dental, vision and other supplemental insurance options;
• Retirement plan options, including employer contributions (For more information, please visit www.myfrs.com;)
• Flexible Spending Accounts;
• Tuition waivers;
• And more!

For a complete list of benefits, visit www.mybenefits.myflorida.com.

For an estimate of the total compensation package for this position, please visit the “Total Compensation Estimator Tool” located above under the “Posting Closing Date.”

SPECIAL NOTES: