HB 1605 2003
1	A bill to be entitled
2	An act relating to the Department of Transportation;
3	amending s. 20.23, F.S.; reorganizing the department;
4	revising powers and duties of the Secretary of
5	Transportation; reducing the number of assistant
6	secretaries; deleting authority of department to adopt
7	certain rules; deleting requirement for the Governor to
8	approve certain salaries; requiring the secretary to
9	report described actions at meetings of the Transportation
10	Commission; revising functions of the central office of
11	the department; providing for an Assistant Secretary for
12	Transportation Development and Operations and an Assistant
13	Secretary for Transportation Support; establishing
14	specified offices within the department; revising staff
15	appointments by the secretary; requiring the secretary to
16	appoint an inspector general; requiring the district
17	secretary and the turnpike executive director to be
18	registered professional engineers; providing for
19	alternative disciplines; revising staff functions and
20	duties; providing for appointment of specified district
21	directors; revising certain district office functions;
22	deleting provisions requiring monthly management reports;
23	amending s. 110.205, F.S.; providing career service
24	exemptions for certain positions in the Department of
25	Transportation; correcting cross references; amending s.
26	334.14, F.S.; revising requirements of certain employees
27	to be engineers; requiring specified registration of
28	described employees; providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1. Section 20.23, Florida Statutes, is amended to
33	read:
34	20.23 Department of Transportation.--There is created a
35	Department of Transportation which shall be a decentralized
36	agency.
37	(1)(a)1.The head of the Department of Transportation is
38	the Secretary of Transportation. The secretary shall be
39	appointed by the Governor from among three persons nominated by
40	the Florida Transportation Commission and shall be subject to
41	confirmation by the Senate. The secretary shall serve at the
42	pleasure of the Governor.
43	(b)2.The secretary shall be a proven, effective
44	administrator who by a combination of education and experience
45	shall clearly possess a broad knowledge of the administrative,
46	financial, and technical aspects of the development, operation,
47	and regulation of transportation systems and facilities or
48	comparable systems and facilities.
49	(b)1. The secretary shall employ all personnel of the
50	department. He or she shall implement all laws, rules, policies,
51	and procedures applicable to the operation of the department and
52	may not by his or her actions disregard or act in a manner
53	contrary to any such policy. The secretary shall represent the
54	department in its dealings with other state agencies, local
55	governments, special districts, and the Federal Government. He
56	or she shall have authority to sign and execute all documents
57	and papers necessary to carry out his or her duties and the
58	operations of the department. At each meeting of the Florida
59	Transportation Commission, the secretary shall submit a report
60	of major actions taken by him or her as official representative
61	of the department.
62	2. The secretary shall cause the annual department budget
63	request, the Florida Transportation Plan, and the tentative work
64	program to be prepared in accordance with all applicable laws
65	and departmental policies and shall submit the budget, plan, and
66	program to the Florida Transportation Commission. The commission
67	shall perform an in-depth evaluation of the budget, plan, and
68	program for compliance with all applicable laws and departmental
69	policies. If the commission determines that the budget, plan, or
70	program is not in compliance with all applicable laws and
71	departmental policies, it shall report its findings and
72	recommendations regarding such noncompliance to the Legislature
73	and the Governor.
74	(c)3.The secretary shall provide to the Florida
75	Transportation Commission or its staff, such assistance,
76	information, and documents as are requested by the commission or
77	its staff to enable the commission to fulfill its duties and
78	responsibilities.
79	(d)(c) The secretary shall appoint twothreeassistant
80	secretaries who shall be directly responsible to the secretary
81	and who shall perform such duties as are specified in this
82	section and such other dutiesas are assigned by the secretary.
83	The secretary may delegate to any assistant secretary the
84	authority to act in the absence of the secretary. The department
85	has the authority to adopt rules necessary for the delegation of
86	authority beyond the assistant secretaries. The assistant
87	secretaries shall serve at the pleasure of the secretary.
88	(e)(d)Any secretary appointed after July 5, 1989, and the
89	assistant secretaries shall be exempt from the provisions of
90	part III of chapter 110 and shall receive compensation
91	commensurate with their qualifications and competitive with
92	compensation for comparable responsibility in the private
93	sector. When the salary of any assistant secretary exceeds the
94	limits established in part III of chapter 110, the Governor
95	shall approve said salary.
96	(2)(a)1. The Florida Transportation Commission is hereby
97	created and shall consist of nine members appointed by the
98	Governor subject to confirmation by the Senate. Members of the
99	commission shall serve terms of 4 years each.
100	2. Members shall be appointed in such a manner as to
101	equitably represent all geographic areas of the state. Each
102	member must be a registered voter and a citizen of the state.
103	Each member of the commission must also possess business
104	managerial experience in the private sector.
105	3. A member of the commission shall represent the
106	transportation needs of the state as a whole and may not
107	subordinate the needs of the state to those of any particular
108	area of the state.
109	4. The commission is assigned to the Office of the
110	Secretary of the Department of Transportation for administrative
111	and fiscal accountability purposes, but it shall otherwise
112	function independently of the control and direction of the
113	department.
114	(b) The commission shall have the primary functions to:
115	1. Recommend major transportation policies for the
116	Governor's approval, and assure that approved policies and any
117	revisions thereto are properly executed.
118	2. Periodically review the status of the state
119	transportation system including highway, transit, rail, seaport,
120	intermodal development, and aviation components of the system
121	and recommend improvements therein to the Governor and the
122	Legislature.
123	3. Perform an in-depth evaluation of the annual department
124	budget request, the Florida Transportation Plan, and the
125	tentative work program for compliance with all applicable laws
126	and established departmental policies. Except as specifically
127	provided in s. 339.135(4)(c)2., (d), and (f), the commission may
128	not consider individual construction projects, but shall
129	consider methods of accomplishing the goals of the department in
130	the most effective, efficient, and businesslike manner.
131	4. Monitor the financial status of the department on a
132	regular basis to assure that the department is managing revenue
133	and bond proceeds responsibly and in accordance with law and
134	established policy.
135	5. Monitor on at least a quarterly basis, the efficiency,
136	productivity, and management of the department, using
137	performance and production standards developed by the commission
138	pursuant to s. 334.045.
139	6. Perform an in-depth evaluation of the factors causing
140	disruption of project schedules in the adopted work program and
141	recommend to the Legislature and the Governor methods to
142	eliminate or reduce the disruptive effects of these factors.
143	7. Recommend to the Governor and the Legislature
144	improvements to the department's organization in order to
145	streamline and optimize the efficiency of the department. In
146	reviewing the department's organization, the commission shall
147	determine if the current district organizational structure is
148	responsive to Florida's changing economic and demographic
149	development patterns. The initial report by the commission must
150	be delivered to the Governor and Legislature by December 15,
151	2000, and each year thereafter, as appropriate. The commission
152	may retain such experts as are reasonably necessary to
153	effectuate this subparagraph, and the department shall pay the
154	expenses of such experts.
155	(c) The commission or a member thereof may not enter into
156	the day-to-day operation of the department and is specifically
157	prohibited from taking part in:
158	1. The awarding of contracts.
159	2. The selection of a consultant or contractor or the
160	prequalification of any individual consultant or contractor.
161	However, the commission may recommend to the secretary standards
162	and policies governing the procedure for selection and
163	prequalification of consultants and contractors.
164	3. The selection of a route for a specific project.
165	4. The specific location of a transportation facility.
166	5. The acquisition of rights-of-way.
167	6. The employment, promotion, demotion, suspension,
168	transfer, or discharge of any department personnel.
169	7. The granting, denial, suspension, or revocation of any
170	license or permit issued by the department.
171	(d)1. The chair of the commission shall be selected by the
172	commission members and shall serve a 1-year term.
173	2. The commission shall hold a minimum of 4 regular
174	meetings annually, and other meetings may be called by the chair
175	upon giving at least 1 week's notice to all members and the
176	public pursuant to chapter 120. Other meetings may also be held
177	upon the written request of at least four other members of the
178	commission, with at least 1 week's notice of such meeting being
179	given to all members and the public by the chair pursuant to
180	chapter 120. Emergency meetings may be held without notice upon
181	the request of all members of the commission. At each meeting of
182	the commission, the secretary or his or her designee shall
183	submit a report of major actions taken by him or her as official
184	representative of the department.
185	3. A majority of the membership of the commission
186	constitutes a quorum at any meeting of the commission. An action
187	of the commission is not binding unless the action is taken
188	pursuant to an affirmative vote of a majority of the members
189	present, but not fewer than four members of the commission at a
190	meeting held pursuant to subparagraph 2., and the vote is
191	recorded in the minutes of that meeting.
192	4. The chair shall cause to be made a complete record of
193	the proceedings of the commission, which record shall be open
194	for public inspection.
195	(e) The meetings of the commission shall be held in the
196	central office of the department in Tallahassee unless the chair
197	determines that special circumstances warrant meeting at another
198	location.
199	(f) Members of the commission are entitled to per diem and
200	travel expenses pursuant to s. 112.061.
201	(g) A member of the commission may not have any interest,
202	direct or indirect, in any contract, franchise, privilege, or
203	other benefit granted or awarded by the department during the
204	term of his or her appointment and for 2 years after the
205	termination of such appointment.
206	(h) The commission shall appoint an executive director and
207	assistant executive director, who shall serve under the
208	direction, supervision, and control of the commission. The
209	executive director, with the consent of the commission, shall
210	employ such staff as are necessary to perform adequately the
211	functions of the commission, within budgetary limitations. All
212	employees of the commission are exempt from part II of chapter
213	110 and shall serve at the pleasure of the commission. The
214	salaries and benefits of all employees of the commission shall
215	be set in accordance with the Selected Exempt Service; provided,
216	however, that the commission shall have complete authority for
217	fixing the salary of the executive director and assistant
218	executive director.
219	(i) The commission shall develop a budget pursuant to
220	chapter 216. The budget is not subject to change by the
221	department, but such budget shall be submitted to the Governor
222	along with the budget of the department.
223	(3)(a) The central office shall establish departmental
224	policies, rules, procedures, and standards and shall monitor the
225	implementation of such policies, rules, procedures, and
226	standards in order to ensure uniform compliance and quality
227	performance by the districts and central office units that
228	implement transportation programs. Major transportation policy
229	initiatives or revisions shall be submitted to the commission
230	for review. The central office monitoring function shall be
231	based on a plan that clearly specifies what areas will be
232	monitored, activities and criteria used to measure compliance,
233	and a feedback process that assures monitoring findings are
234	reported and deficiencies corrected. The secretary is
235	responsible for ensuring that a central office monitoring
236	function is implemented, and that it functions properly. In
237	conjunction with its monitoring function, the central office
238	shall provide such training and administrative support to the
239	districts as the department determines to be necessary to ensure
240	that the department's programs are carried out in the most
241	efficient and effective manner.
242	(b) The resources necessary to ensure the efficiency,
243	effectiveness, and quality of performance by the department of
244	its statutory responsibilities shall be allocated to the central
245	office.
246	(b)(c)The secretary shall appoint an Assistant Secretary
247	for Transportation Development and Operations andPolicy,an
248	Assistant Secretary for Transportation SupportFinance and
249	Administration, and an Assistant Secretary for District
250	Operations, each of whom shall serve at the pleasure of the
251	secretary. The positions are responsible for developing,
252	monitoring, and enforcing policy and managing major technical
253	programs. The responsibilities and duties of these positions
254	include, but are not limited to, the following functional areas:
255	1. Assistant Secretary for Transportation Policy.--
256	a. Development of the Florida Transportation Plan and
257	other policy planning;
258	b. Development of statewide modal systems plans, including
259	public transportation systems;
260	c. Design of transportation facilities;
261	d. Construction of transportation facilities;
262	e. Acquisition and management of transportation rights-of-
263	way; and
264	f. Administration of motor carrier compliance and safety.
265	2. Assistant Secretary for District Operations.--
266	a. Administration of the eight districts; and
267	b. Implementation of the decentralization of the
268	department.
269	3. Assistant Secretary for Finance and Administration.--
270	a. Financial planning and management;
271	b. Information systems;
272	c. Accounting systems;
273	d. Administrative functions; and
274	e. Administration of toll operations.
275	(d)1. Policy, program, or operations offices shall be
276	established within the central office for the purposes of:
277	a. Developing policy and procedures and monitoring
278	performance to ensure compliance with these policies and
279	procedures;
280	b. Performing statewide activities which it is more cost-
281	effective to perform in a central location;
282	c. Assessing and ensuring the accuracy of information
283	within the department's financial management information
284	systems; and
285	d. Performing other activities of a statewide nature.
286	(c)2.The following offices are established and shall be
287	headed by a manager, each of whom shall be appointed by and
288	serve at the pleasure of the secretary. The positions shall be
289	classified at a level equal to a division director:
290	1.a. The Office of Administration.;
291	2.b. The Office of Policy Planning and Environmental
292	Management.;
293	3.c. The Office of Design.;
294	4.d. The Office of Highway Operations.;
295	5.e. The Office of Right-of-Way.;
296	6.f. The Office of Toll Operations.;
297	7.g. The Office of Information Systems.; and
298	8.h.The Office of Motor Carrier Compliance.
299	9. The Office of Management and Budget.
300	10. The Office of Comptroller.
301	11. The Office of Modal Development.
302	12. The Office of Construction.
303	13. The Office of Maintenance.
304	14. The Office of Materials.
305	(d)3.Other offices may be established in accordance with
306	s. 20.04(7). The heads of such offices are exempt from part II
307	of chapter 110. No office or organization shall be created at a
308	level equal to or higher than a division without specific
309	legislative authority.
310	4. During the construction of a major transportation
311	improvement project or as determined by the district secretary,
312	the department may provide assistance to a business entity
313	significantly impacted by the project if the entity is a for-
314	profit entity that has been in business for 3 years prior to the
315	beginning of construction and has direct or shared access to the
316	transportation project being constructed. The assistance program
317	shall be in the form of additional guarantees to assist the
318	impacted business entity in receiving loans pursuant to Title 13
319	C.F.R. part 120. However, in no instance shall the combined
320	guarantees be greater than 90 percent of the loan. The
321	department shall adopt rules to implement this subparagraph.
322	(e) The Assistant Secretary for Finance and Administration
323	must possess a broad knowledge of the administrative, financial,
324	and technical aspects of a complete cost-accounting system,
325	budget preparation and management, and management information
326	systems. The Assistant Secretary for Finance and Administration
327	must be a proven, effective manager with specialized skills in
328	financial planning and management. The Assistant Secretary for
329	Finance and Administration shall ensure that financial
330	information is processed in a timely, accurate, and complete
331	manner.
332	(f)1. Within the central office there is created an Office
333	of Management and Budget. The head of the Office of Management
334	and Budget is responsible to the Assistant Secretary for Finance
335	and Administration and is exempt from part II of chapter 110.
336	2. The functions of the Office of Management and Budget
337	include, but are not limited to:
338	a. Preparation of the work program;
339	b. Preparation of the departmental budget; and
340	c. Coordination of related policies and procedures.
341	3. The Office of Management and Budget shall also be
342	responsible for developing uniform implementation and monitoring
343	procedures for all activities performed at the district level
344	involving the budget and the work program.
345	(e)(g) The secretary shallmayappoint an inspector
346	general pursuant to s. 20.055who shall be directly responsible
347	to the secretary and shall serve at the pleasure of the
348	secretary.
349	(h)1. The secretary shall appoint an inspector general
350	pursuant to s. 20.055. The inspector general may be
351	organizationally located within another unit of the department
352	for administrative purposes, but shall function independently
353	and be directly responsible to the secretary pursuant to s.
354	20.055. The duties of the inspector general shall include, but
355	are not restricted to, reviewing, evaluating, and reporting on
356	the policies, plans, procedures, and accounting, financial, and
357	other operations of the department and recommending changes for
358	the improvement thereof, as well as performing audits of
359	contracts and agreements between the department and private
360	entities or other governmental entities. The inspector general
361	shall give priority to reviewing major parts of the department's
362	accounting system and central office monitoring function to
363	determine whether such systems effectively ensure accountability
364	and compliance with all laws, rules, policies, and procedures
365	applicable to the operation of the department. The inspector
366	general shall also give priority to assessing the department's
367	management information systems as required by s. 282.318. The
368	internal audit function shall use the necessary expertise, in
369	particular, engineering, financial, and property appraising
370	expertise, to independently evaluate the technical aspects of
371	the department's operations. The inspector general shall have
372	access at all times to any personnel, records, data, or other
373	information of the department and shall determine the methods
374	and procedures necessary to carry out his or her duties. The
375	inspector general is responsible for audits of departmental
376	operations and for audits of consultant contracts and
377	agreements, and such audits shall be conducted in accordance
378	with generally accepted governmental auditing standards. The
379	inspector general shall annually perform a sufficient number of
380	audits to determine the efficiency and effectiveness, as well as
381	verify the accuracy of estimates and charges, of contracts
382	executed by the department with private entities and other
383	governmental entities. The inspector general has the sole
384	responsibility for the contents of his or her reports, and a
385	copy of each report containing his or her findings and
386	recommendations shall be furnished directly to the secretary and
387	the commission.
388	2. In addition to the authority and responsibilities
389	herein provided, the inspector general is required to report to
390	the:
391	a. Secretary whenever the inspector general makes a
392	preliminary determination that particularly serious or flagrant
393	problems, abuses, or deficiencies relating to the administration
394	of programs and operations of the department have occurred. The
395	secretary shall review and assess the correctness of the
396	preliminary determination by the inspector general. If the
397	preliminary determination is substantiated, the secretary shall
398	submit such report to the appropriate committees of the
399	Legislature within 7 calendar days, together with a report by
400	the secretary containing any comments deemed appropriate.
401	Nothing in this section shall be construed to authorize the
402	public disclosure of information which is specifically
403	prohibited from disclosure by any other provision of law.
404	b. Transportation Commission and the Legislature any
405	actions by the secretary that prohibit the inspector general
406	from initiating, carrying out, or completing any audit after the
407	inspector general has decided to initiate, carry out, or
408	complete such audit. The secretary shall, within 30 days after
409	transmission of the report, set forth in a statement to the
410	Transportation Commission and the Legislature the reasons for
411	his or her actions.
412	(i)1. The secretary shall appoint a comptroller who is
413	responsible to the Assistant Secretary for Finance and
414	Administration. This position is exempt from part II of chapter
415	110.
416	2. The comptroller is the chief financial officer of the
417	department and must be a proven, effective administrator who by
418	a combination of education and experience clearly possesses a
419	broad knowledge of the administrative, financial, and technical
420	aspects of a complex cost-accounting system. The comptroller
421	must also have a working knowledge of generally accepted
422	accounting principles. At a minimum, the comptroller must hold
423	an active license to practice public accounting in Florida
424	pursuant to chapter 473 or an active license to practice public
425	accounting in any other state. In addition to the requirements
426	of the Florida Fiscal Accounting Management Information System
427	Act, the comptroller is responsible for the development,
428	maintenance, and modification of an accounting system that will
429	in a timely manner accurately reflect the revenues and
430	expenditures of the department and that includes a cost-
431	accounting system to properly identify, segregate, allocate, and
432	report department costs. The comptroller shall supervise and
433	direct preparation of a detailed 36-month forecast of cash and
434	expenditures and is responsible for managing cash and
435	determining cash requirements. The comptroller shall review all
436	comparative cost studies that examine the cost-effectiveness and
437	feasibility of contracting for services and operations performed
438	by the department. The review must state that the study was
439	prepared in accordance with generally accepted cost-accounting
440	standards applied in a consistent manner using valid and
441	accurate cost data.
442	3. The department shall by rule or internal management
443	memoranda as required by chapter 120 provide for the maintenance
444	by the comptroller of financial records and accounts of the
445	department as will afford a full and complete check against the
446	improper payment of bills and provide a system for the prompt
447	payment of the just obligations of the department, which records
448	must at all times disclose:
449	a. The several appropriations available for the use of the
450	department;
451	b. The specific amounts of each such appropriation
452	budgeted by the department for each improvement or purpose;
453	c. The apportionment or division of all such
454	appropriations among the several counties and districts, when
455	such apportionment or division is made;
456	d. The amount or portion of each such apportionment
457	against general contractual and other liabilities then created;
458	e. The amount expended and still to be expended in
459	connection with each contractual and other obligation of the
460	department;
461	f. The expense and operating costs of the various
462	activities of the department;
463	g. The receipts accruing to the department and the
464	distribution thereof;
465	h. The assets, investments, and liabilities of the
466	department; and
467	i. The cash requirements of the department for a 36-month
468	period.
469	4. The comptroller shall maintain a separate account for
470	each fund administered by the department.
471	5. The comptroller shall perform such other related duties
472	as designated by the department.
473	(f)(j)The secretary shall appoint a general counsel who
474	shall be employed full time and shall be directly responsible to
475	and serve at the pleasure ofthe secretary. The general counsel
476	is responsible for all legal matters of the department. The
477	department may employ as many attorneys as it deems necessary to
478	advise and represent the department in all transportation
479	matters.
480	(g)(k) The secretary shall appoint a state transportation
481	development administratorplanner who shall report to the
482	Assistant Secretary for Transportation Policy. The state
483	transportation planner's responsibilities shall include, but are
484	not limited to, policy planning, systems planning, and
485	transportation statistics. This position shall be classified at
486	a level equal to a deputy assistant secretary.
487	(h)(l) The secretary shall appoint a state transportation
488	operations administratorhighway engineer who shall report to
489	the Assistant Secretary for Transportation Policy. The state
490	highway engineer's responsibilities shall include, but are not
491	limited to, design, construction, and maintenance of highway
492	facilities; acquisition and management of transportation rights-
493	of-way; traffic engineering; and materials testing. This
494	position shall be classified at a level equal to a deputy
495	assistant secretary.
496	(m) The secretary shall appoint a state public
497	transportation administrator who shall report to the Assistant
498	Secretary for Transportation Policy. The state public
499	transportation administrator's responsibilities shall include,
500	but are not limited to, the administration of statewide transit,
501	rail, intermodal development, and aviation programs. This
502	position shall be classified at a level equal to a deputy
503	assistant secretary. The department shall also assign to the
504	public transportation administrator an organizational unit the
505	primary function of which is to administer the high-speed rail
506	program.
507	(4)(a) The operations of the department shall be organized
508	into seven districts, each headed by a district secretary and a
509	turnpike enterprise, headed by an executive director. The
510	district secretary and the turnpike executive director shall
511	each be a registered professional engineer in accordance with
512	the provisions of chapter 471 or, in lieu of professional
513	engineer registration, may hold an advanced degree in an
514	appropriate related discipline, such as a Master of Business
515	Administration.The district secretaries shall report to the
516	Assistant Secretary for District Operations.The headquarters of
517	the districts shall be located in Polk, Columbia, Washington,
518	Broward, Volusia, Dade, and Hillsborough Counties. The
519	headquarters of the turnpike enterprise shall be located in
520	Orange County. In order to provide for efficient operations and
521	to expedite the decisionmaking process, the department shall
522	provide for maximum decentralization to the districts. However,
523	before making a decision to centralize or decentralize
524	department operations, the department must first determine if
525	the decision would be cost-effective and in the public's best
526	interest. The department shall periodically evaluate such
527	decisions to ensure that they are appropriate.
528	(b) The primary responsibility for the implementation of
529	the department's transportation programs shall be delegated by
530	the secretary to the district secretaries, and sufficient
531	authority shall be vested in each district to ensure adequate
532	control of the resources commensurate with the delegated
533	responsibility. Each district secretary shall also be
534	accountable for ensuring their district's quality of performance
535	and compliance with all laws, rules, policies, and procedures
536	related to the operation of the department.
537	(b)(c)Each district secretary may appoint a district
538	director for transportation development, a district director for
539	transportation operations, and a district director for
540	transportation support or, until July 1, 2005, each district
541	secretary may appoint a district director forplanning and
542	programming, a district director for production, anda district
543	director for operations, and a district director for
544	administration. These positions are exempt from part II of
545	chapter 110.
546	(c)(d)Within each district, offices shall be established
547	for managing major functional responsibilities of the
548	department. The offices may include planning, design,
549	construction, right-of-way, maintenance, and public
550	transportation.The heads of these offices shall be exempt from
551	part II of chapter 110.
552	(e) The district director for the Fort Myers Urban Office
553	of the Department of Transportation is responsible for
554	developing the 5-year Transportation Plan for Charlotte,
555	Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort
556	Myers Urban Office also is responsible for providing policy,
557	direction, local government coordination, and planning for those
558	counties.
559	(d)1.(f)1.The responsibility for the turnpike system
560	shall be delegated by the secretary to the executive director of
561	the turnpike enterprise, who shall serve at the pleasure of the
562	secretary. The executive director shall report directly to the
563	secretary, and the turnpike enterprise shall operate pursuant to
564	ss. 338.22-338.241.
565	2. To facilitate the most efficient and effective
566	management of the turnpike enterprise, including the use of best
567	business practices employed by the private sector, the turnpike
568	enterprise, except as provided in s. 287.055, shall be exempt
569	from departmental policies, procedures, and standards, subject
570	to the secretary having the authority to apply any such
571	policies, procedures, and standards to the turnpike enterprise
572	from time to time as deemed appropriate.
573	(5) Notwithstanding the provisions of s. 110.205, the
574	Department of Management Services is authorized to exempt
575	positions within the Department of Transportation which are
576	comparable to positions within the Senior Management Service
577	pursuant to s. 110.205(2)(j) or positions which are comparable
578	to positions in the Selected Exempt Service under s.
579	110.205(2)(m).
580	(6) To facilitate the efficient and effective management
581	of the department in a businesslike manner, the department shall
582	develop a system for the submission of monthly management
583	reports to the Florida Transportation Commission and secretary
584	from the district secretaries. The commission and the secretary
585	shall determine which reports are required to fulfill their
586	respective responsibilities under this section. A copy of each
587	such report shall be submitted monthly to the appropriations and
588	transportation committees of the Senate and the House of
589	Representatives. Recommendations made by the Auditor General in
590	his or her audits of the department that relate to management
591	practices, systems, or reports shall be implemented in a timely
592	manner. However, if the department determines that one or more
593	of the recommendations should be altered or should not be
594	implemented, it shall provide a written explanation of such
595	determination to the Legislative Auditing Committee within 6
596	months after the date the recommendations were published.
597	(6)(7)The department is authorized to contract with local
598	governmental entities and with the private sector if the
599	department first determines that:
600	(a) Consultants can do the work at less cost than state
601	employees;
602	(b) State employees can do the work at less cost, but
603	sufficient positions have not been approved by the Legislature
604	as requested in the department's most recent legislative budget
605	request;
606	(c) The work requires specialized expertise, and it would
607	not be economical for the state to acquire, and then maintain,
608	the expertise after the work is done;
609	(d) The workload is at a peak level, and it would not be
610	economical to acquire, and then keep, extra personnel after the
611	workload decreases; or
612	(e) The use of such entities is clearly in the public's
613	best interest.
614
615	Such contracts shall require compliance with applicable federal
616	and state laws, and clearly specify the product or service to be
617	provided.
618	Section 2. Paragraphs (j) and (m) of subsection (2) of
619	section 110.205, Florida Statutes, are amended to read:
620	110.205 Career service; exemptions.--
621	(2) EXEMPT POSITIONS.--The exempt positions that are not
622	covered by this part include the following:
623	(j) The appointed secretaries, assistant secretaries,
624	deputy secretaries, and deputy assistant secretaries of all
625	departments; the executive directors, assistant executive
626	directors, deputy executive directors, and deputy assistant
627	executive directors of all departments; the directors of all
628	divisions and those positions determined by the department to
629	have managerial responsibilities comparable to such positions,
630	which positions include, but are not limited to, program
631	directors, assistant program directors, district administrators,
632	deputy district administrators, the Director of Central
633	Operations Services of the Department of Children and Family
634	Services, and the State Transportation Development Administrator
635	Planner, State Transportation Operations AdministratorHighway
636	Engineer, State Public Transportation Administrator, district
637	secretaries, district directors of transportation development,
638	transportation operations, and transportation support, Motor
639	Carrier Compliance captains and majorsplanning and programming,
640	production, and operations, and the managers of the offices
641	specified in s. 20.23(3)(c)(d)2., of the Department of
642	Transportation. Unless otherwise fixed by law, the department
643	shall set the salary and benefits of these positions in
644	accordance with the rules of the Senior Management Service; and
645	the county health department directors and county health
646	department administrators of the Department of Health.
647	(m) All assistant division director, deputy division
648	director, and bureau chief positions in any department, and
649	those positions determined by the department to have managerial
650	responsibilities comparable to such positions, which positions
651	include, but are not limited to, positions in the Department of
652	Health, the Department of Children and Family Services, and the
653	Department of Corrections that are assigned primary duties of
654	serving as the superintendent or assistant superintendent, or
655	warden or assistant warden, of an institution; positions in the
656	Department of Corrections that are assigned primary duties of
657	serving as the circuit administrator or deputy circuit
658	administrator; positions in the Department of Transportation
659	that are assigned primary duties of serving as regional toll
660	managers and managers of offices as defined in s. 20.23(3)(d)3.
661	and (4)(c)(d); positions in the Department of Environmental
662	Protection that are assigned the duty of an Environmental
663	Administrator or program administrator; and positions in the
664	Department of Health that are assigned the duties of
665	Environmental Administrator, Assistant County Health Department
666	Director, and County Health Department Financial Administrator.
667	Unless otherwise fixed by law, the department shall set the
668	salary and benefits of these positions in accordance with the
669	rules established for the Selected Exempt Service.
670	Section 3. Section 334.14, Florida Statutes, is amended to
671	read:
672	334.14 Employees of department who are required to be
673	engineers.--Each employee performing engineering as defined in
674	chapter 471 shall be registered in accordance with the
675	provisions of chapter 471.
676	(1) At a minimum, each of the following employees of the
677	department must be a professional engineer registered under
678	chapter 471:
679	(a) The State Highway Engineer and the district secretary
680	for each district, except that in lieu of engineering
681	registration the district secretary for each district may hold
682	an advanced degree in an appropriate related discipline such as
683	a master of business administration.
684	(b)1. The head of each office, or equivalent unit, of the
685	department that is responsible for the design of transportation
686	facilities.
687	2. Any person who is employed or assigned by any such unit
688	to be in responsible charge of an engineering project designed
689	by the unit, regardless of whether such person is employed in
690	the central office or in a field office.
691	(c)1. The head of each office, or equivalent unit, of the
692	department that is responsible for the construction of
693	transportation facilities or materials testing.
694	2. Any area or resident engineer who is in responsible
695	charge of an engineering construction project.
696	(d)1. The head of each office, or equivalent unit, of the
697	department that is directly responsible for traffic operations
698	or the maintenance of transportation facilities.
699	2. The senior maintenance engineer assigned to a field
700	office.
701	3. The senior maintenance engineers in charge of the
702	various area maintenance yards assigned to the field units.
703	(2) As used in this section, the term "responsible charge"
704	means the rendering of engineering judgment and decisions in the
705	development of technical policy and programs or the direct
706	control and personal supervision of work performed by himself or
707	herself or by others over whom the person holds supervisory
708	authority.
709	(3) Any person holding the position of resident engineer
710	of construction or senior maintenance engineer of a field unit
711	on July 1, 1984, or the position of designer as identified in
712	subparagraph (1)(b)2. on July 1, 1985, is not subject to the
713	engineering registration requirement. However, when such person
714	vacates his or her position, his or her replacement must comply
715	with that requirement.
716	(4) The department shall employ a district secretary for
717	each transportation district whose duties shall be fixed by the
718	department and who shall be responsible for the efficient
719	operation and administration of that district.
720	(5) In addition to the requirement for engineering
721	registration in subsection (1), the department, in filling the
722	positions described in this section, shall place emphasis on
723	proven management ability and experience.
724	Section 4. This act shall take effect upon becoming a law.