Florida Administrative Code › 55 - DEPARTMENT OF VETERANS' AFFAIRS › 55 - Departmental › Chapter 55-1 - ORGANIZATION › Section 55-1.003 - Agency Head

Current through Reg. 50, No. 138; July 16, 2024
(1) The head of the Department of Veterans'
				Affairs is the Governor and Cabinet.
(2) The Executive Director of the Department
				shall be appointed by the Governor with the approval of three members of the
				Cabinet and subject to confirmation by the Senate. The Executive Director shall
				serve at the pleasure of the Governor and Cabinet.
(3) Authority to take the following action is
				hereby delegated to the Executive Director of the Department of Veterans'
				Affairs or his designee:
(a) To approve the
				transfer of appropriations pursuant to Section   216.292, F.S..
(b) 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.
(c) To add, delete, or transfer authorized
				positions within each budget entity in accordance with Sections   216.262 and
				  216.141, F.S.
(d) To administer
				travel and per diem expenses of public officers, employees and authorized
				persons on official business, pursuant to Section   112.061, F.S..
(e) To negotiate, execute and enter into
				contracts and agreements, except as provided in paragraph (h), 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.
(f) To expend
				appropriated funds and make purchases including capital outlay to carry out
				day-to-day operations of the Department.
(g) To execute contracts and orders approved
				by or on behalf of the Governor and Cabinet.
(h) 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, Section   287.055, F.S. (1988),
				or other competitive selection process established by rule.
(i) To enter into leases of real property for
				the Department's operations.
(j) 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.
(k) 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.
(l) To
				settle claims, actions, causes of action and legal proceedings brought against
				the Department or its employee acting within the scope of his/her
				employment.
(m) 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.
(n) 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.
(o) To respond in behalf
				of the Department to petitions filed pursuant to Sections   120.54,   120.56 and
				  120.57(1) and (2), F.S., and to issue declaratory statements pursuant to
				Section   120.565, F.S..
(p) To
				approve memberships in professional and other organizations in which state
				funds appropriated to the Department will be used in payments or dues pursuant
				to Section   216.345, F.S..
(q) To
				initiate all rulemaking.
(r) 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.
(s) The quarterly report of the Executive
				Director shall include reports of actions taken under paragraphs (e), (h), (i),
				(k), (l), (m), (n) and (p) above.