Requisition No: 792236
Agency: Elder Affairs
Working Title: SENIOR ATTORNEY (PENDING RECLASSIFICATION) - 65000140
Position Number: 65000140
Salary: $3,432.20-$5,166.70 MONTHLY
Posting Closing Date: 01/27/2023
DEPARTMENT OF ELDER AFFAIRS
OFFICE OF GENERAL COUNSEL
- All fields in the candidate profile must be completed.
- Work history, hours worked, and formal education fields must be filled out to determine qualifications for this position. Putting "see resume" does not substitute for completing all sections of the candidate profile.
- Selection of candidate will be based on a review of their overall scores, KSAs, primary and supplemental applications, as well as completion of any required work samples, willingness questionnaires, and interview responses, as applicable.
- References and file reviews from previous employment may be verified to determine suitability.
- Resumes and other documentation can be attached to provide additional information.
- The successful candidate must be able to pass a Level II Background screening.
- All previous periods of employment must be listed with address of employer, supervisor name and contact phone number. If there is more than a one-month gap in the employment history that period must be included in its own paragraph block within the employment history section.
PAPER APPLICATIONS WILL NOT BE ACCEPTED BY THE AGENCY. APPLICATIONS MUST BE SUBMITTED THROUGH THE PEOPLE FIRST SYSTEM.
Mission Statement: To promote the well-being, safety, and independence of Florida’s elders, their families, and caregivers.
Vision Statement: For all Floridians to live well and age well.
We are seeking an enthusiastic attorney with a desire to share our Agency’s mission to promote the well-being, safety, and independence of Florida's seniors, their families, and caregivers, and the vision for all Floridians to live well and age well. If you have good judgment, a desire to enrich the lives of others, and share our mission and vision, please consider joining our team.
Where You Will Work:
The Department of Elder Affairs is located in the Southwood Office complex in Tallahassee, Florida’s Capital City. Lined with rolling hills, oak trees, and canopied roads Tallahassee combines traditional charm with a modern pace of life. Home to two major universities, Tallahassee has a vibrant art and music scene, stately gardens, as well as a vast number of nature trails for those who love the outdoors. Tallahassee is a highly desirable location for both those seeking their first job and those ready to enter the next exciting chapter in their career. Also, with no state income tax, Florida is a great place to work regardless of where you are on the career ladder. For more information about Tallahassee, please visit: https://www.talchamber.com/visit-tallahassee/.
Benefits of Working for the State of Florida:
Working for the State of Florida is more than a paycheck. The State’s total compensations package for employees features highly competitive 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 click www.myfrs.com);
- Flexible Spending Accounts;
- Tuition waivers to attend TCC, FAMU, and FSU and more!
For a more complete list of benefits, click: https://www.mybenefits.myflorida.com/health/eligibility_and_enrollment/ops_employees
What You Will Do:
Under the supervision of the General Counsel, this position incumbent applies her/his legal expertise to handle litigation, to research federal and state rules and statues to conduct legal discovery, and to prepare legal pleadings and briefs. The attorney must be able to assimilate and analyze a variety of complex legislative and legal concepts relating to Department program and/or administrative issues. The attorney will be relied upon to provide legal counsel to Department leadership, management, and staff about the Department’s legal rights and obligations and suggest courses of action.
Examples of Work Performed:
- Handles Department public records requests to ensure all responsive records are collected, appropriately redacted, any fee requirements applied, and requests are finalized.
- Assists with legal research in evaluating state statutes and preparation of legal opinions on questions relating to Department program and/or administrative issues.
- Drafts and reviews proposed rules for both substantive and technical legality.
- Develops, drafts, and reviews contracts and contract amendments and addresses any legal issues related to contract procurement.
- Represents the Department in litigation in various forums to include state trial and appellate courts, federal trial and appellate courts, and state and federal administrative forums.
- Performs legal research concerning the interpretation of Florida Statutes and the Florida Administrate Code as it relates to the various functions of the Department.
- Performs other related duties as required.
Knowledge, Skills, and Abilities:
- Knowledge of Florida laws and legal procedure.
- Skill in reading comprehension, analysis, research, and organization.
- Ability to provide legal counsel.
- Ability to interpret state and federal legislation, laws, and rules.
- Ability to employ legal reasoning and to foresee possible legal problems.
- Ability to communicate effectively and concisely, both orally and in writing.
- Ability to take action in situations which lack clear direction.
- Ability to take initiative on independent research projects.
- Ability to deal tactfully and courteously with the public and coworkers.
- Ability to plan, organize, and coordinate work assignments.
- Ability to establish and maintain effective working relationships with others.
- Ability to use independent judgment and maintain confidentiality.
- Ability to collect and analyze data.
- Ability to perform legal writing and prepare various legal documents.
- Ability to research legal documents and legal references.
- Possess a juris doctorate degree and be an active member in good standing with the Florida Bar.
- Have a minimum of two (2) years legal experience in the practice of law.
Duties and Responsibilities:
This is a highly responsible Attorney position reporting directly to the General Counsel. The incumbent in this position provides legal representation to the Department of Elder Affairs (Department) under the direction of the General Counsel.
Public Records. Receives public records requests, identifies the appropriate records custodians within the Department, works with the records custodians to ensure all responsive documents are collected, assembled, and appropriately redacted, identifies and addresses any fee issues, drafts final invoices, and finalizes the requests. Maintains the public records request log. Collaborates on the public records Department’s policies with other staff, as appropriate.
Office of Public and Professional Guardians. Receives OPPG public records requests; works with the records custodian to ensure all responsive documents are collected, assembled, and appropriately redacted; identifies and addresses any fee issues; finalizes invoice and submits to requestor as appropriate; and completes the requests.
- Assist OPPG in the prosecution of registered professional guardians who have violated the practice act and/or Florida law.
- Evaluate new complaints for legal sufficiency;
- Prosecute cases involving violations of state law and/or administrative rules;
- Perform legal research and writing regarding guardian cases;
- Draft administrative complaints and letters, as appropriate;
- Represent the Department before the Division of Administrative Hearings;
- Engage in motion practice;
- Prepare proposed recommended orders; and
- Timely respond to inquiries from opposing counsel and pro se litigants.
Subpoenas. Process, manage and/or respond to subpoenas, as appropriate, to include but not limited to, drafting motions and attending hearings.
Agency Clerk. Assists the Department’s Agency Clerk in the processing of administrative complaints, hearing requests, recommended orders, final orders and appeals.
Rulemaking. Drafts and reviews proposed rules for both substantive and technical legality. Participates in rule development, rule workshops and rule hearings. Responsible for moving proposed rules through the statutory rulemaking process. Counsels, assists and guides Department staff on all aspects of rulemaking with the Bureau of Administrative Code, Office of Fiscal Accountability and Regulatory Reform (OFFAR), and the Joint Administrative Procedures Committee (JAPC). Supervises the handling of all rule-making activities of the Department.
Contract Review, Drafting and Procurement. Develops, drafts, and reviews contracts and contract amendments. Professionally addresses all legal issues related to contract procurement.
Legislation. Develops, drafts, reviews, monitors, and implements proposed legislation, prepares bill analyses, and reviews existing statutes for proposing any needed legislation. Monitors legislative activities for impacts on the Department.
Litigation. Represents the Department in litigation in various forums to include state trial and appellate courts, federal trial and appellate courts, and state and federal administrative forums. Department litigation includes federal and state challenges to the Department’s programs and policies, enforcement actions, and contract and real estate matters.
Public Hearings, Workshops, Meetings, and Conferences. Conducts or supervises the handling of public hearings, workshops, meetings and conferences. Prepares and files, as requested, notices in the Florida Administrative Register for public hearings, workshops, meetings, and conferences.
Legal Research. Conducts legal research in a thorough and professional manner on highly complex problems involved in the various functions of the Department. In conducting legal research, takes the time and effort to explore any underlying facts with appropriate Department staff. Stays well-informed of litigation and court decisions which might affect statutes and rules under which the Department carries out its responsibilities. Reviews and interprets statutes, regulations, rules, and operating procedures as necessary.
Legal Instruments. Prepares, reviews, or approves contracts, leases and other legal instruments as appropriate and necessary.
HIPPA. Professionally addresses legal inquiries regarding HIPAA and its applications to Department programs and operations.
Counsel and Advice. Assists the General Counsel and General Counsel staff in providing legal counsel and advice to the Secretary, Chief of Staff, General Counsel, and other administrative/managerial employees on complex legal issues relating to the Department’s programs and activities. Anticipates potential legal problems of new plans or programs and advises the Department of legal and administrative alternatives to achieve the Department’s objectives. Gives preventative legal advice to Department offices to avoid or mitigate the impact of litigation against the Department. Attends executive management and staff meetings and renders requested legal advice and counsel. Responds to oral and written requests from Department personnel as directed by the General Counsel. Legal advice and guidance require careful research, exploration of the underlying facts, and discussions with appropriate staff.
Performs other duties as assigned by the General Counsel.
Knowlege, Skills and Abilities:
Knowledge of Florida laws and legal procedure.
Skill in reading comprehension, analysis, research, and organization.
Ability to provide legal counsel.
Ability to interpret state and federal legislation, laws, and rules.
Ability to employ legal reasoning and to foresee possible legal problems.
Ability to communicate effectively and concisely, both orally and in writing.
Ability to take action in situations which lack clear direction.
Ability to take initiative on independent research projects.
Ability to deal tactfully and courteously with the public and coworkers.
Ability to plan, organize, and coordinate work assignments.
Ability to establish and maintain effective working relationships with others.
Ability to use independent judgment and maintain confidentiality.
Ability to collect and analyze data.
Ability to perform legal writing and prepare various legal documents.
Ability to research legal documents and legal references.
The candidate must have obtained a juris doctorate degree, be an active member in good standing with the Florida Bar and have a minimum of 2 years legal experience in the practice of law.
This position may require more than 40 hours of work a week.
Ability to travel as necessary.
A Successful completion of a Level 2 Criminal History Background Check is required for all applicants selected for this position.
Applicants should apply on-line via the People First Website https://peoplefirst.myflorida.com by 11:59 p.m. (EST) on the closing date of the position vacancy advertisement but are strongly encouraged to apply by 6:00 p.m. on the closing date to avoid any system down times or any other complications that may arise.
If you have problems applying on-line, call the People First Service Center at 1-877-562-7287. Paper applications will not be accepted by the agency.
The Department of Elder Affairs is an "older worker-friendly" employer and also lists vacancies on the Silver Edition website, found at http://silver.employflorida.com, that connects persons age 50 and older with other businesses/volunteer organizations/employers who specify they are "older worker-friendly."
The Department of Elder Affairs is an E-Verify employer and will provide the Social Security Administration (SSA) and, if necessary, the Department of Homeland Security (DHS), with information from each New Employee’s I-9 Form to confirm work eligibility.
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.