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