15-1.012: Delegation of Authority
PURPOSE AND EFFECT: To allow the Executive Director to settle claims against the Department without prior approval of the Governor of Cabinet.
The Executive Director will continue to report such settlements to the Governor of Cabinet at least quarterly.
The amendments also conform the rule to the amendments to Section 120.54, F.S., that were enacted by CS for CS for Senate Bill 704.
To raise the limit for the Executive Director to make purchases from $25,000.00 to $100,000.00.
SUBJECT AREA TO BE ADDRESSED: Rule 15-1.012, F.A.C., Delegation of Authority.
SPECIFIC AUTHORITY: 20.05(5), 120.53(1)(a), 320.011 FS.
LAW IMPLEMENTED: 20.05(1)(b), 120.53(1)(a), 120.54 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: September 2, 2008, 12:00 Noon – 2:00 p.m.
PLACE: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Executive Conference Room #A436, Tallahassee, Florida 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 24 hours before the workshop/meeting by contacting: Michael J. Alderman, Senior Assistant General Counsel, (850)617-3101. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Michael J. Alderman, Senior Assistant General Counsel, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room #A432, Tallahassee, Florida 32399, (850)617-3101
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
15-1.012 Delegation of Authority.
Authority to take the following action is hereby delegated by the Governor and Cabinet acting as the head of the Department to the Executive Director of the Department of Highway Safety and Motor Vehicles or the Executive Director’s designee:
(1) through (5) No change.
(6) To expend appropriated funds and make purchases including operating capital outlay to carry out the day-to-day operations of the Department. However, all purchases over $100,000 which are not made from a state contract established by the Department of Management Services shall be reported at least quarterly.
(7) through (11) No change.
(12) To settle claims, actions, causes of action and legal proceedings brought against the Department or its employees acting within the scope of his/her employment.
(13) through (14) No change.
(15) To act on behalf of the agency in carrying out the provisions of Chapter 120, F.S., unless prohibited by law or by directives issued by the Governor and Cabinet acting as the head of the Department. This delegation specifically includes, but is not limited to the following:
(a) To initiate rulemaking by publishing a notice of Rule Development.
(b) through (g) No change.
(16) No change.
(17) To initiate rule making.
(18) through (25) renumbered (17) through (24) No change.
Specific Authority 20.05(5), 120.53(1)(a), 320.011 FS. Law Implemented 20.05(1)(b), 120.53(1)(a) FS. History–New 6-26-80, Amended 11-6-80, Formerly 15-1.12, Amended 6-6-93, 11-17-98,________.