Senate Bill sb1454c1

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    Florida Senate - 2007                           CS for SB 1454

    By the Committee on Community Affairs; and Senators Webster,
    Fasano and Constantine




    578-2074-07

  1                      A bill to be entitled

  2         An act relating to the Florida Transportation

  3         Commission; amending s. 20.23, F.S.; requiring

  4         the commission to monitor transportation

  5         authorities and conduct periodic reviews of

  6         each authority; prohibiting a member of the

  7         commission from entering into the day-to-day

  8         operation of a monitored authority; requiring

  9         that the salary and benefits of the executive

10         director of the commission be set in accordance

11         with the Senior Management Service; providing

12         an effective date.

13  

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

15  

16         Section 1.  Paragraphs (b), (c), and (h) of subsection

17  (2) of section 20.23, Florida Statutes, are amended to read:

18         20.23  Department of Transportation.--There is created

19  a Department of Transportation which shall be a decentralized

20  agency.

21         (2)

22         (b)  The commission shall have the primary functions

23  to:

24         1.  Recommend major transportation policies for the

25  Governor's approval, and assure that approved policies and any

26  revisions thereto are properly executed.

27         2.  Periodically review the status of the state

28  transportation system including highway, transit, rail,

29  seaport, intermodal development, and aviation components of

30  the system and recommend improvements therein to the Governor

31  and the Legislature.

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    Florida Senate - 2007                           CS for SB 1454
    578-2074-07




 1         3.  Perform an in-depth evaluation of the annual

 2  department budget request, the Florida Transportation Plan,

 3  and the tentative work program for compliance with all

 4  applicable laws and established departmental policies. Except

 5  as specifically provided in s. 339.135(4)(c)2., (d), and (f),

 6  the commission may not consider individual construction

 7  projects, but shall consider methods of accomplishing the

 8  goals of the department in the most effective, efficient, and

 9  businesslike manner.

10         4.  Monitor the financial status of the department on a

11  regular basis to assure that the department is managing

12  revenue and bond proceeds responsibly and in accordance with

13  law and established policy.

14         5.  Monitor on at least a quarterly basis, the

15  efficiency, productivity, and management of the department,

16  using performance and production standards developed by the

17  commission pursuant to s. 334.045.

18         6.  Perform an in-depth evaluation of the factors

19  causing disruption of project schedules in the adopted work

20  program and recommend to the Legislature and the Governor

21  methods to eliminate or reduce the disruptive effects of these

22  factors.

23         7.  Recommend to the Governor and the Legislature

24  improvements to the department's organization in order to

25  streamline and optimize the efficiency of the department. In

26  reviewing the department's organization, the commission shall

27  determine if the current district organizational structure is

28  responsive to Florida's changing economic and demographic

29  development patterns. The initial report by the commission

30  must be delivered to the Governor and Legislature by December

31  15, 2000, and each year thereafter, as appropriate. The

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    Florida Senate - 2007                           CS for SB 1454
    578-2074-07




 1  commission may retain such experts as are reasonably necessary

 2  to effectuate this subparagraph, and the department shall pay

 3  the expenses of such experts.

 4         8.  Monitor the efficiency, productivity, and

 5  management of the authorities created under chapters 343 and

 6  348, including any authority formed using the provisions of

 7  part I of chapter 348. The commission shall also conduct

 8  periodic reviews of each authority's operations and budget,

 9  acquisition of property, management of revenue and bond

10  proceeds, and compliance with applicable laws and generally

11  accepted accounting principles.

12         (c)  The commission or a member thereof may not enter

13  into the day-to-day operation of the department or a monitored

14  authority and is specifically prohibited from taking part in:

15         1.  The awarding of contracts.

16         2.  The selection of a consultant or contractor or the

17  prequalification of any individual consultant or contractor.

18  However, the commission may recommend to the secretary

19  standards and policies governing the procedure for selection

20  and prequalification of consultants and contractors.

21         3.  The selection of a route for a specific project.

22         4.  The specific location of a transportation facility.

23         5.  The acquisition of rights-of-way.

24         6.  The employment, promotion, demotion, suspension,

25  transfer, or discharge of any department personnel.

26         7.  The granting, denial, suspension, or revocation of

27  any license or permit issued by the department.

28         (h)  The commission shall appoint an executive director

29  and assistant executive director, who shall serve under the

30  direction, supervision, and control of the commission.  The

31  executive director, with the consent of the commission, shall

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    Florida Senate - 2007                           CS for SB 1454
    578-2074-07




 1  employ such staff as are necessary to perform adequately the

 2  functions of the commission, within budgetary limitations.

 3  All employees of the commission are exempt from part II of

 4  chapter 110 and shall serve at the pleasure of the commission.

 5  The salaries and benefits of all employees of the commission,

 6  except for the executive director, shall be set in accordance

 7  with the Selected Exempt Service; provided, however, the

 8  salary and benefits of the executive director shall be set in

 9  accordance with the Senior Management Service. that The

10  commission shall have complete authority for fixing the salary

11  of the executive director and assistant executive director.

12         Section 2.  This act shall take effect July 1, 2007.

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 1454

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17  The committee substitute (CS) clarifies its provisions also
    apply to a transportation authority created using the process
18  under part I of ch. 348, F.S. The CS requires the salary and
    benefits of the executive director of the Florida
19  Transportation Commission to be set in accordance with the
    Senior Management Service.
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