Senate Bill sb1456

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    Florida Senate - 2004                                  SB 1456

    By Senator Sebesta





    16-835-04

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Transportation; amending s. 20.23, F.S.;

  4         authorizing the secretary of the department to

  5         appoint an additional assistant secretary and

  6         deputy assistant secretaries or directors;

  7         revising the organization of the department to

  8         specify areas of program responsibility;

  9         authorizing the secretary to reorganize offices

10         within the department in consultation with the

11         Executive Office of the Governor; amending s.

12         110.205, F.S., relating to career service;

13         conforming provisions to changes made by the

14         act; providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Paragraph (d) of subsection (1), subsection

19  (3), and paragraph (b) of subsection (4) of section 20.23,

20  Florida Statutes, are amended to read:

21         20.23  Department of Transportation.--There is created

22  a Department of Transportation which shall be a decentralized

23  agency.

24         (1)

25         (d)  The secretary may shall appoint up to three two

26  assistant secretaries who shall be directly responsible to the

27  secretary and who shall perform such duties as are assigned by

28  the secretary. The secretary may delegate to any assistant

29  secretary the authority to act in the absence of the

30  secretary.

31  

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    Florida Senate - 2004                                  SB 1456
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 1         (3)(a)  The central office shall establish departmental

 2  policies, rules, procedures, and standards and shall monitor

 3  the implementation of such policies, rules, procedures, and

 4  standards in order to ensure uniform compliance and quality

 5  performance by the districts and central office units that

 6  implement transportation programs.  Major transportation

 7  policy initiatives or revisions shall be submitted to the

 8  commission for review.

 9         (b)  The secretary shall appoint an Assistant Secretary

10  for Transportation Development and Operations and an Assistant

11  Secretary for Transportation Support.

12         (b)(c)  The secretary may appoint positions at the

13  level of deputy assistant secretary or director which the

14  secretary deems necessary to accomplish the mission and goals

15  of the department, including, but not limited to, the areas of

16  program responsibility provided in this paragraph following

17  offices are established and shall be headed by a manager, each

18  of whom shall be appointed by and serve at the pleasure of the

19  secretary. The secretary may combine, separate, or delete

20  offices as needed in consultation with the Executive Office of

21  the Governor. The department's areas of program responsibility

22  include, but are not limited to positions shall be classified

23  at a level equal to a division director:

24         1.  The Office of Administration;

25         2.  The Office of Planning and Environmental

26  Management;

27         3.  The Office of Design;

28         4.  The Office of Highway operations;

29         5.  The Office of Right-of-way;

30         6.  The Office of Toll operations;

31         7.  The Office of Information systems;

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    Florida Senate - 2004                                  SB 1456
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 1         8.  The Office of Motor carrier compliance;

 2         9.  The Office of Management and budget;

 3         10.  The Office of Comptroller;

 4         11.  The Office of Construction;

 5         12.  The Office of Maintenance; and

 6         13.  The Office of Materials.

 7         (c)(d)  Other offices may be established in accordance

 8  with s. 20.04(7). The heads of such offices are exempt from

 9  part II of chapter 110. No office or organization shall be

10  created at a level equal to or higher than a division without

11  specific legislative authority.

12         (d)(e)  The secretary shall appoint an inspector

13  general pursuant to s. 20.055 who shall be directly

14  responsible to the secretary and shall serve at the pleasure

15  of the secretary.

16         (e)(f)  The secretary shall appoint a general counsel

17  who shall be directly responsible to the secretary. The

18  general counsel is responsible for all legal matters of the

19  department. The department may employ as many attorneys as it

20  deems necessary to advise and represent the department in all

21  transportation matters.

22         (g)  The secretary shall appoint a state transportation

23  development administrator. This position shall be classified

24  at a level equal to a deputy assistant secretary.

25         (h)  The secretary shall appoint a state transportation

26  operations administrator. This position shall be classified at

27  a level equal to a deputy assistant secretary.

28         (i)  The secretary shall appoint a state public

29  transportation and modal administrator. This position shall be

30  classified at a level equal to a deputy assistant secretary.

31         (4)

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    Florida Senate - 2004                                  SB 1456
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 1         (b)  Each district secretary may appoint up to three a

 2  district directors director for transportation development, a

 3  district director for transportation operations, and a

 4  district director for transportation support or, until July 1,

 5  2005, each district secretary may appoint up to four a

 6  district directors director for planning and programming, a

 7  district director for production, a district director for

 8  operations, and a district director for administration. These

 9  positions are exempt from part II of chapter 110.

10         Section 2.  Paragraphs (j) and (m) of subsection (2) of

11  section 110.205, Florida Statutes, are amended to read:

12         110.205  Career service; exemptions.--

13         (2)  EXEMPT POSITIONS.--The exempt positions that are

14  not covered by this part include the following:

15         (j)  The appointed secretaries, assistant secretaries,

16  deputy secretaries, and deputy assistant secretaries of all

17  departments; the executive directors, assistant executive

18  directors, deputy executive directors, and deputy assistant

19  executive directors of all departments; the directors of all

20  divisions and those positions determined by the department to

21  have managerial responsibilities comparable to such positions,

22  which positions include, but are not limited to, program

23  directors, assistant program directors, district

24  administrators, deputy district administrators, the Director

25  of Central Operations Services of the Department of Children

26  and Family Services, the State Transportation Development

27  Administrator, State Public Transportation and Modal

28  Administrator, district secretaries, district directors of

29  transportation development, transportation operations,

30  transportation support, and the managers of the offices

31  specified in s. 20.23(3)(b) s. 20.23(3)(c), of the Department

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    Florida Senate - 2004                                  SB 1456
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 1  of Transportation. Unless otherwise fixed by law, the

 2  department shall set the salary and benefits of these

 3  positions in accordance with the rules of the Senior

 4  Management Service; and the county health department directors

 5  and county health department administrators of the Department

 6  of Health.

 7         (m)  All assistant division director, deputy division

 8  director, and bureau chief positions in any department, and

 9  those positions determined by the department to have

10  managerial responsibilities comparable to such positions,

11  which positions include, but are not limited to:

12         1.  Positions in the Department of Health and the

13  Department of Children and Family Services that are assigned

14  primary duties of serving as the superintendent or assistant

15  superintendent of an institution.

16         2.  Positions in the Department of Corrections that are

17  assigned primary duties of serving as the warden, assistant

18  warden, colonel, or major of an institution or that are

19  assigned primary duties of serving as the circuit

20  administrator or deputy circuit administrator.

21         3.  Positions in the Department of Transportation that

22  are assigned primary duties of serving as regional toll

23  managers and managers of offices as defined in s. 20.23(3)(b)

24  s. 20.23(3)(c) and (4)(d), and captains and majors of the

25  Office of Motor Carrier Compliance.

26         4.  Positions in the Department of Environmental

27  Protection that are assigned the duty of an Environmental

28  Administrator or program administrator.

29         5.  Positions in the Department of Health that are

30  assigned the duties of Environmental Administrator, Assistant

31  

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    Florida Senate - 2004                                  SB 1456
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 1  County Health Department Director, and County Health

 2  Department Financial Administrator.

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 4  Unless otherwise fixed by law, the department shall set the

 5  salary and benefits of the positions listed in this paragraph

 6  in accordance with the rules established for the Selected

 7  Exempt Service.

 8         Section 3.  This act shall take effect upon becoming a

 9  law.

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11            *****************************************

12                          SENATE SUMMARY

13    Authorizes the Secretary of Transportation to appoint an
      additional assistant secretary and deputy assistant
14    secretaries or directors. Provides the areas of program
      responsibility for the department. Authorizes the
15    secretary to reorganize offices within the department in
      consultation with the Executive Office of the Governor.
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