The Florida Senate

¹110.403  Powers and duties of the Department of Management Services.--

(1)  In order to implement the purposes of this part, the Department of Management Services, after approval by the Administration Commission, shall adopt and amend rules providing for:

(a)  A system for employing, promoting, or reassigning managers that is responsive to organizational or program needs. In no event shall the number of positions included in the Senior Management Service exceed 0.5 percent of the total full-time equivalent positions in the career service. The department shall deny approval to establish any position within the Senior Management Service which would exceed the limitation established in this paragraph. The department shall report that the limitation has been reached to the Governor, the President of the Senate, and the Speaker of the House of Representatives, as soon as practicable after such event occurs. Employees in the Senior Management Service shall serve at the pleasure of the agency head and shall be subject to suspension, dismissal, reduction in pay, demotion, transfer, or other personnel action at the discretion of the agency head. Such personnel actions are exempt from the provisions of chapter 120.

(b)  A performance appraisal system which shall take into consideration individual and organizational efficiency, productivity, and effectiveness.

(c)  A classification plan and a salary and benefit plan that provides appropriate incentives for the recruitment and retention of outstanding management personnel and provides for salary increases based on performance.

(d)  A system of rating duties and responsibilities for positions within the Senior Management Service and the qualifications of candidates for those positions.

(e)  A system for documenting actions taken on agency requests for approval of position exemptions and special pay increases.

(f)  Requirements regarding recordkeeping by agencies with respect to Senior Management Service positions. Such records shall be audited periodically by the Department of Management Services to determine agency compliance with the provisions of this part and the rules of the Department of Management Services.

(g)  Other procedures relating to personnel administration to carry out the purposes of this part.

(h)  A program of affirmative and positive action that will ensure full utilization of women and minorities in Senior Management Service positions.

(2)  The powers, duties, and functions of the Department of Management Services shall include responsibility for the policy administration of the Senior Management Service.

(3)  The Department of Management Services shall have the following additional responsibilities:

(a)  To establish and administer a professional development program which shall provide for the systematic development of managerial, executive, or administrative skills.

(b)  To promote public understanding of the purposes, policies, and programs of the Senior Management Service.

(c)  To approve contracts of employing agencies with persons engaged in the business of conducting multistate executive searches to identify qualified and available applicants for Senior Management Service positions for which the Department of Management Services sets salaries in accordance with the classification and pay plan. Such contracts may be entered by the agency head only after completion of an unsuccessful in-house search. The Department of Management Services shall establish, by rule, the minimum qualifications for persons desiring to conduct executive searches, including a requirement for the use of contingency contracts. Such rules shall ensure that such persons possess the requisite capacities to perform effectively at competitive industry prices. The Department of Management Services shall make the rules required pursuant to this paragraph in such a manner as to comply with state and federal laws and regulations governing equal opportunity employment.

(4)  All policies and procedures adopted by the Department of Management Services regarding the Senior Management Service shall comply with all federal regulations necessary to permit the state agencies to be eligible to receive federal funds.

(5)  The Department of Management Services shall adopt, by rule, procedures for Senior Management Service employees that require disclosure to the agency head of any application for or offer of employment, gift, contractual relationship, or financial interest with any individual, partnership, association, corporation, utility, or other organization, whether public or private, doing business with or subject to regulation by the agency.

History.--s. 1, ch. 80-404; s. 3, ch. 81-213; s. 1, ch. 84-48; ss. 4, 13, 14, ch. 85-318; s. 3, ch. 86-149; s. 15, ch. 87-224; s. 10, ch. 88-290; ss. 1, 2, ch. 89-13; s. 6, ch. 89-277; s. 35, ch. 92-279; s. 55, ch. 92-326; s. 18, ch. 94-113; s. 1, ch. 94-259; s. 18, ch. 96-399; s. 11, ch. 97-296.

¹Note.--Section 5, ch. 97-296, provides that:

"(1)  The administrative rules of the Department of Management Services that are in effect immediately prior to the effective date of this act shall not be affected by this act and shall remain in effect until specifically changed in a manner provided by law.

"(2)  This section shall take effect [June 1, 1997]."