Florida Administrative Code › 11 - DEPARTMENT OF LAW ENFORCEMENT › 11 - Departmental › Chapter 11-1 - GENERAL INFORMATION › Section 11-1.0041 - Confirmation and Delegation of Authority

Current through Reg. 50, No. 138; July 16, 2024
(1) In accordance with section
				 20.05(1)(b),
				F.S., the Executive Director and other officials of the Department of Law
				Enforcement are hereby authorized to perform or exercise the following
				statutory powers and duties of the Agency, Department, or Department Head.
(a) The Executive Director or, his designee
				shall:
1. Supervise, direct, coordinate, and
				administer the day-to-day duties and functions of the Department in accordance
				with section  943.03, F.S.
2. Direct criminal investigations in
				accordance with section
				 943.04(2),
				F.S.
3. Negotiate, enter into and
				execute purchases, contracts, leases, lease-purchases, licenses and agreements
				relating to real, personal and mixed property, services, commodities and
				capital outlay items with governmental agencies and persons as defined in
				section  1.01(3), F.S.,
				and carry out on a day-to-day basis, the operations of the Department. The
				foregoing authority shall be within current appropriations and shall be in
				accordance with pertinent statutes and rules of the Department of Management
				Services and the Comptroller. The Executive Director shall report all
				contracts, leases, lease-purchases, licenses, agreements and purchases
				involving the expenditure of more than $100, 000 to the Department Head on a
				quarterly basis.
4. 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 in the Consultants Competitive Negotiations Act or other competitive
				processes established by rule.
5.
				Establish regional operation centers, field offices, bureaus, and similar
				entities as necessary to carry out the statutory duties of the
				Department.
6. Serve as the head of
				the agency for the purposes of authorizing and paying membership dues or travel
				expenses and per diem under sections
				 216.345 or
				 112.061, F.S. respectively.
				Membership dues shall be paid only when the membership serves a predominantly
				public purpose and is essential to the effective discharge of the public duties
				of the Department or one or more of its personnel.
7. Designate Department officials as
				custodians or subcustodians of records and property, as agents for service of
				process, as representatives to organizations in which the Department is a
				member or officer, and as official liaison with agencies of this State, other
				states, the Federal Government and the public.
8. Convene a Complaint Review Board, select
				members to serve on such board, serve notices, and otherwise exercise the
				authority provided in section
				 112.532, F.S., et seq.
9. Accept donations of property, real,
				personal or mixed, grants of money from any governmental unit, public agency,
				institution or person to carry out the objectives, and perform the duties of
				the Department pursuant to section
				 943.01, F.S., et seq., and other
				pertinent statutes; provided, however, that this authority shall not extend to
				situations where accepting or agreeing to accept a donation or grant will have
				a substantial, adverse impact upon other state agencies; provided further that
				donations shall be reported to the Department Head on a quarterly
				basis.
10. Bring suit in the name
				of the Department and in consultation with the Department of Legal Affairs, or
				to defend suit in the name of the Department.
11. 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.
12. Act on behalf
				of the agency in carrying out the provisions of chapter 120, F.S., provided,
				however, the Governor and Cabinet shall approve all Department administrative
				rules and reserve the prerogative to act as hearing officer in section
				 120.57, F.S., proceedings
				involving great public interest or other public agencies. Examples include the
				following:
a. To initiate rulemaking by
				publishing a notice of intended action. The power to determine whether proposed
				rules should be approved for the filing of a notice of intended action and
				final adoption is hereby reserved to the Governor and Cabinet acting as the
				head of the Department.
b. To
				explain in writing why a rule development workshop is unnecessary.
c. To provide methods for making available a
				description of the agency's organization and general course of operation
				pursuant to section 120.54(5)(b)5., F.S.
d. To issue an immediate final order pursuant
				to section  120.569(2)(1),
				F.S., that states the particular facts supporting a finding that there is an
				immediate danger to the public health, property, or welfare.
e. 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.
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 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.
h. To take
				final agency action in any proceeding or matter within the scope of the
				Department's authority.