Florida Administrative Code › 15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES › 15 - Departmental › Chapter 15-1 - ORGANIZATION AND OPERATION › Section 15-1.012 - Delegation of Authority

Current through Reg. 50, No. 138; July 16, 2024
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) 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.
(8) To execute contracts
				and orders approved by or on behalf of the Governor and Cabinet.
(9) 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) To enter into lease of real property for
				departmental operations.
(12) 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) 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) 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.
(15) 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) 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) 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(3)(a)1, 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.