15-1.012: Delegation of Authority
PURPOSE AND EFFECT: The purpose of the proposed rule action is to amend the current rule to incorporate planning, budgeting, and other specified acts authorized by Chapter 120, F.S.
SUMMARY: The proposed rule action revises the current Rule 15-1.012, F.A.C., by incorporating the Executive Director’s authority to take action concerning planning and budgeting for the department, to enter into agreements with other governmental agencies, and to conduct rulemaking procedures.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 322.02(6), 324.042 FS.
LAW IMPLEMENTED: 322.02(2), 324.0221, 324.051 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: September 20, 2010, 3:00 p.m.
PLACE: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room Number A427, 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 5 days before the workshop/meeting by contacting: Douglas D. Sunshine, Assistant General Counsel, 2900 Apalachee Parkway, Room A432, MS-02, Tallahassee, Florida 32399, dougsunshine@flhsmv.gov. 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 IS: Douglas D. Sunshine, Assistant General Counsel, 2900 Apalachee Parkway, Room A432, MS-02, Tallahassee, Florida 32399, dougsunshine@flhsmv.gov. Telephone Number: (850)617-3101
THE FULL TEXT OF THE PROPOSED RULE 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) To approve the transfer of appropriations pursuant to Section 216.292, F.S.
(2) To administer personnel rules for career service employees and persons paid from OPS and to administer personnel actions for employees exempt from the career service system.
(3) To add, delete, transfer authorized positions within each budget entity in accordance with Sections 216.262 and 216.141, F.S.
(4) To administer travel and per diem expenses of public officers, employees and authorized persons on official business, pursuant to Section 112.061, F.S.
(5) To negotiate, execute and enter into contracts and agreements; except as provided in subsection (8), required for operation of the Department or to carry out programs approved by the Legislature or Governor and Cabinet; except, however, this delegation shall exclude awards of commodity contracts by the Department of Management Services.
(6) To take any action concerning planning and budgeting for the Department, as authorized pursuant to Chapter 216, F.S., or other laws, or by rules adopted by the Governor and Cabinet, or in directives issued by the Governor and Cabinet acting as the head of the Department.
(7)(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 25,000 which are not made from a state contract established by the Department of Management Services shall be reported at least quarterly.
(8)(7) To execute contracts and orders approved by or on behalf of the Governor and Cabinet.
(9)(8) To contract for consultant and professional services up to $100,000. However, selection of consultant and professional services, other than sole source, shall be by procedures set forth in the Consultants Competitive Negotiations Act or other competitive selection process established by rule.
(10) To enter into agreements with other federal, state, and local governmental agencies when authorized by law.
(11)(9) To enter into lease of real property for departmental operations.
(12)(10) To designate appropriate officials or employees to act as custodian of the records of the Department, to accept service of process on behalf of the Department or Executive Director in accordance with law.
(13)(11) To bring suit in the name of the Department and in consultation with the Attorney General, or to defend suit in the name of the Department.
(14)(12) To compromise and settle, in the best interest of the Department, subject to Section 45.062, F.S., all claims, actions, causes of action and legal proceedings, whether sounding in tort or contract, that are brought against the Department or any of its employees acting within the scope of their employment. Such compromises and settlements shall be limited to cases where the total amount paid is less than $100,000.00, and shall be reported to the Governor and Cabinet on at least a quarterly basis. 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. Such settlement shall be limited to $25,000.
(15)(13) To notify state attorneys, sheriffs or other law enforcement agencies of activity in violation of state law or department rules when such violation is beyond the capacity of the Department to halt or prosecute.
(16)(14) To accept donations and gifts of property or grants of money on behalf of the Department in compliance with the law, provided such gifts are unencumbered and have no impact on any other agency of the state.
(17)(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) To publish a notice of intended rulemaking, after approval of such proposed notice by the Governor and Cabinet pursuant to Section 120.54(1)(k), F.S.
(c) To certify that a proposed rule has been approved by the Governor and Cabinet pursuant to Section 120.54(3)(e)1., F.S.
(d) To file with the Department of State the approved rule pursuant to Section 120.54(3)(e)1., F.S.
(e) To explain in writing when appropriate why a rule development workshop is unnecessary.
(f) To issue declaratory statements pursuant to Section 120.565, F.S.
(g) To provide methods for making available a description of the agency’s organization and general course of its operations, pursuant to Section 120.54(5)(b)7., F.S.
(h) To issue an immediate final order pursuant to Section 120.569(2)(n), F.S., that states the particular facts supporting a finding that there is an immediate danger to the public health, safety, or welfare.
(i) To issue a written statement pursuant to Section 120.57(3)(c), F.S., explaining why a bid solicitation process or contract award process must be continued without delay due to an immediate and serious danger to the public health, safety, or welfare.
(j) Pursuant to Section 120.63(1)(a), F.S., to apply on behalf of the Department and certify to the Administration Commission that a proceeding required by Chapter 120, F.S., conflicts with a provision of federal law or rule.
(k) To prepare, certify, and file the rule review report mandated by Section 120.74(2), F.S., with the presiding officers and affected standing committees of the Florida Legislature.
(a) To initiate rulemaking by publishing a notice of intended action. However, before a notice of intended action is published, the Department must submit the proposed notice, including the proposed rule text, to the Governor and each member of the Cabinet. Upon the written request of the Governor or any member of the Cabinet, the Department shall submit the proposed rules for action by the Governor and Cabinet at the next appropriate Cabinet meeting. If, after being given 10 working days to review the Department’s proposed notice of intended action and rule text, neither the Governor nor any member of the Cabinet notifies the Department of his/her objection to such publication, the Department shall proceed to initiate rulemaking pursuant to Section 120.54(3)(a), F.S. The power to determine whether proposed rules should be approved for final adoption is hereby reserved to the Governor and Cabinet acting as the head of the Department.
(b) To respond on behalf of the Department to petitions filed pursuant to Sections 120.54 and 120.57(1) and (2), F.S., and to issue declaratory statements pursuant to Section 120.565, F.S.
(c) To take final agency action in any proceedings within the scope of the Department’s authority pursuant to Section 120.569, F.S.
(d) To provide methods for making available a description of the agency’s organization and general course of its operations, pursuant to Section 120.54(5)(b)5., F.S.
(e) To issue a written statement pursuant to Section 120.57(3)(c), F.S., explaining why a bid solicitation process or contract award must be continued without delay due to an immediate and serious danger to the public health, safety, or welfare.
(f) Pursuant to Section 120.63(1)(a), F.S., to apply on behalf of the Department and certify to the Administration Commission that a proceeding required by Chapter 120, F.S., conflicts with a provision of the federal law or rule.
(g) To prepare, certify, and file the rule review report mandated by Section 120.74(2), F.S., with the presiding officers and affected standing committees of the Florida Legislature.
(18)(16) To approve memberships in professional and other organizations in which state funds appropriated to the Department will be used in payments of dues pursuant to Section 216.345, F.S.
(17) To initiate rule making.
(19)(18) To perform other such functions as may be necessary to supervise, direct, conduct and administer the day-to-day duties of the Department as authorized by law or by rules and policies adopted by the Governor and Cabinet, or in directives issued by the Governor and Cabinet acting as the head of the Department.
(20)(19) To convene complaint review boards, select members of such boards, serve notice and otherwise exercise authority related to duties in Section 112.532, F.S.
(21)(20) A brief summary of the final disposition of the actions taken by the Executive Director as authorized by this rule shall be included in the quarterly report submitted by the Department The Executive Director shall report to the Governor and Cabinet-at least quarterly actions taken under sub sections (5), (8), (9), (11), (12), (13), (14) and (18).
(22)(21) To take final agency action based on recommendations of hearings officers who conducted driver license hearings pursuant to Chapter 322, F.S.
(23)(22) To conduct hearings and take final agency action concerning financial responsibility matters authorized by Chapter 324, F.S.
(24)(23) To execute reciprocal agreements with appropriate authority of other states as authorized by Section 320.30, F.S.
(25)(24) To take final agency action pursuant to Section 120.57 and Chapter 320, F.S., on manufacturer and dealer license hearings held under and pursuant to Chapters 120 and 320, F.S.
(25) To take final agency action pursuant to Section 120.57 and Chapter 325, F.S., on emissions control self inspector and reinspection facility licensure hearings held under and pursuant to Chapters 120 and 325, F.S.
Rulemaking Specific Authority 20.05(5), 120.53(1)(a), 320.011, 322.02(6), 324.042 FS. Law Implemented 20.05(1)(b), 120.53(1)(a), 322.02(2), 324.0221, 324.051 FS. History–New 6-26-80, Amended 11-6-80, Formerly 15-1.12, Amended 6-6-93, 11-17-98,_________.