HB 7091

1	A bill to be entitled
2	An act relating to the Florida Transportation Commission;
3	amending s. 20.23, F.S.; requiring the commission to
4	monitor transportation authorities and conduct periodic
5	reviews of each authority; prohibiting a member of the
6	commission from entering into the day-to-day operation of
7	a monitored authority; requiring that the salary and
8	benefits of the executive director of the commission be
9	set in accordance with the Senior Management Service;
10	providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Paragraphs (b), (c), and (h) of subsection (2)
15	of section 20.23, Florida Statutes, are amended to read:
16	20.23  Department of Transportation.--There is created a
17	Department of Transportation which shall be a decentralized
18	agency.
19	(2)
20	(b)  The commission shall have the primary functions to:
21	1.  Recommend major transportation policies for the
22	Governor's approval, and assure that approved policies and any
23	revisions thereto are properly executed.
24	2.  Periodically review the status of the state
25	transportation system including highway, transit, rail, seaport,
26	intermodal development, and aviation components of the system
27	and recommend improvements therein to the Governor and the
28	Legislature.
29	3.  Perform an in-depth evaluation of the annual department
30	budget request, the Florida Transportation Plan, and the
31	tentative work program for compliance with all applicable laws
32	and established departmental policies. Except as specifically
33	provided in s. 339.135(4)(c)2., (d), and (f), the commission may
34	not consider individual construction projects, but shall
35	consider methods of accomplishing the goals of the department in
36	the most effective, efficient, and businesslike manner.
37	4.  Monitor the financial status of the department on a
38	regular basis to assure that the department is managing revenue
39	and bond proceeds responsibly and in accordance with law and
40	established policy.
41	5.  Monitor on at least a quarterly basis, the efficiency,
42	productivity, and management of the department, using
43	performance and production standards developed by the commission
44	pursuant to s. 334.045.
45	6.  Perform an in-depth evaluation of the factors causing
46	disruption of project schedules in the adopted work program and
47	recommend to the Legislature and the Governor methods to
48	eliminate or reduce the disruptive effects of these factors.
49	7.  Recommend to the Governor and the Legislature
50	improvements to the department's organization in order to
51	streamline and optimize the efficiency of the department. In
52	reviewing the department's organization, the commission shall
53	determine if the current district organizational structure is
54	responsive to Florida's changing economic and demographic
55	development patterns. The initial report by the commission must
56	be delivered to the Governor and Legislature by December 15,
57	2000, and each year thereafter, as appropriate. The commission
58	may retain such experts as are reasonably necessary to
59	effectuate this subparagraph, and the department shall pay the
60	expenses of such experts.
61	8.  Monitor the efficiency, productivity, and management of
62	the authorities created under chapters 343 and 348, including
63	any authority formed using the provisions of part I of chapter
64	348. The commission shall also conduct periodic reviews of each
65	authority's operations and budget, acquisition of property,
66	management of revenue and bond proceeds, and compliance with
67	applicable laws and generally accepted accounting principles.
68	(c)  The commission or a member thereof may not enter into
69	the day-to-day operation of the department or a monitored
70	authority and is specifically prohibited from taking part in:
71	1.  The awarding of contracts.
72	2.  The selection of a consultant or contractor or the
73	prequalification of any individual consultant or contractor.
74	However, the commission may recommend to the secretary standards
75	and policies governing the procedure for selection and
76	prequalification of consultants and contractors.
77	3.  The selection of a route for a specific project.
78	4.  The specific location of a transportation facility.
79	5.  The acquisition of rights-of-way.
80	6.  The employment, promotion, demotion, suspension,
81	transfer, or discharge of any department personnel.
82	7.  The granting, denial, suspension, or revocation of any
83	license or permit issued by the department.
84	(h)  The commission shall appoint an executive director and
85	assistant executive director, who shall serve under the
86	direction, supervision, and control of the commission. The
87	executive director, with the consent of the commission, shall
88	employ such staff as are necessary to perform adequately the
89	functions of the commission, within budgetary limitations. All
90	employees of the commission are exempt from part II of chapter
91	110 and shall serve at the pleasure of the commission. The
92	salaries and benefits of all employees of the commission, except
93	for the executive director, shall be set in accordance with the
94	Selected Exempt Service; provided, however, the salary and
95	benefits of the executive director shall be set in accordance
96	with the Senior Management Service. that The commission shall
97	have complete authority for fixing the salary of the executive
98	director and assistant executive director.
99	Section 2.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.