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