Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1312
       
       
       
       
       
       
                                Barcode 174152                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/02/2012           .                                
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       The Committee on Budget (Gaetz) recommended the following:
       
    1         Senate Amendment to Amendment (590742) 
    2  
    3         Delete lines 243 - 368
    4  and insert:
    5         Section 3. The Legislature intends that the amendments made
    6  by this act to ss. 20.02, 20.03, and 20.05, Florida Statutes,
    7  which apply to the organizational structure of the executive
    8  branch, and the creation of s. 120.515, Florida Statutes, which
    9  applies to administrative procedure, are to clarify that the
   10  placement of an executive department under the direct
   11  administration of an officer or board appointed by and serving
   12  at the pleasure of the Governor does not implicitly limit or
   13  restrict the Governor’s prerogative, legal authority, and
   14  constitutional responsibility to direct and supervise the
   15  execution of the law and the exercise of lawful discretion.
   16         Section 4. Subsections (3) through (7) of section 20.02,
   17  Florida Statutes, are renumbered as subsections (4) through (8),
   18  respectively, and a new subsection (3) is added to that section
   19  to read:
   20         20.02 Declaration of policy.—
   21         (3) The administration of any executive branch department
   22  or entity placed under the direct supervision of an officer or
   23  board appointed by and serving at the pleasure of the Governor
   24  shall remain at all times under the constitutional executive
   25  authority of the Governor, in accordance with ss. 1(a) and 6,
   26  Art. IV of the State Constitution and such officer or board
   27  generally remains subject to oversight, direction, and
   28  supervision by the Governor.
   29         Section 5. Subsections (4) and (5) of section 20.03,
   30  Florida Statutes, are amended, and subsection (13) is added to
   31  that section, to read:
   32         20.03 Definitions.—To provide uniform nomenclature
   33  throughout the structure of the executive branch, the following
   34  definitions apply:
   35         (4) “Head of the department” means the individual under
   36  whom or the board under which direct administration in charge of
   37  the department is placed by statute. Where direct administration
   38  of a department is placed under an officer or board appointed by
   39  and serving at the pleasure of the Governor, that officer or
   40  board remains subject to the Governor’s supervision and
   41  direction.
   42         (5) “Secretary” means an individual who is appointed by the
   43  Governor to head a department and who is not otherwise named in
   44  the State Constitution.
   45         (13) “To serve at the pleasure” means the appointee serves
   46  in the office until removed by the appointing authority.
   47  Consistent with the allotment of executive authority under ss. 1
   48  and 6, Art. IV of the State Constitution, an appointee serving
   49  at the pleasure of the appointing authority generally remains
   50  subject to the direction and supervision of the appointing
   51  authority.
   52         Section 6. Subsection (1) of section 20.05, Florida
   53  Statutes, is amended to read:
   54         20.05 Heads of departments; powers and duties.—
   55         (1) Each head of a department, subject to the allotment of
   56  executive power under Art. IV of the State Constitution, and
   57  except as otherwise provided by law, must:
   58         (a) Plan, direct, coordinate, and execute the powers,
   59  duties, and functions vested in that department or vested in a
   60  division, bureau, or section of that department; powers and
   61  duties assigned or transferred to a division, bureau, or section
   62  of the department must not be construed to limit this authority
   63  and this responsibility;
   64         (b) Have authority, without being relieved of
   65  responsibility, to execute any of the powers, duties, and
   66  functions vested in the department or in any administrative unit
   67  thereof through administrative units and through assistants and
   68  deputies designated by the head of the department from time to
   69  time, unless the head of the department is explicitly required
   70  by law to perform the same without delegation;
   71         (c) Compile annually a comprehensive program budget
   72  reporting all program and fiscal matters related to the
   73  operation of his or her department, including each program,
   74  subprogram, and activity, and other matters as required by law;
   75         (d) Reimburse the members of advisory bodies, commissions,
   76  and boards of trustees for their actual and necessary expenses
   77  incurred in the performance of their duties in accordance with
   78  s. 112.061;
   79         (e) Subject to the requirements of chapter 120, exercise
   80  existing authority to adopt rules pursuant and limited to the
   81  powers, duties, and functions transferred to the department;
   82         (f) Exercise authority on behalf of the department to
   83  accept gifts, grants, bequests, loans, and endowments for
   84  purposes consistent with the powers, duties, and functions of
   85  the department. All such funds must be deposited in the State
   86  Treasury and appropriated by the Legislature for the purposes
   87  for which they were received by the department;
   88         (g) If a department is under the direct supervision of a
   89  board, including a board consisting of the Governor and Cabinet,
   90  however designated, employ an executive director to serve at its
   91  pleasure; and
   92         (h) Make recommendations concerning more effective internal
   93  structuring of the department to the Legislature. Unless
   94  otherwise required by law, such recommendations must be provided
   95  to the Legislature at least 30 days before the first day of the
   96  regular session at which they are to be considered, when
   97  practicable.
   98         Section 7. Section 120.515, Florida Statutes, is created to
   99  read:
  100         120.515 Declaration of policy.—This chapter provides
  101  uniform procedures for the exercise of specified authority. This
  102  chapter does not limit or impinge upon the assignment of
  103  executive power under Art. IV of the State Constitution or the
  104  legal authority of an appointing authority to direct and
  105  supervise those appointees serving at the pleasure of the
  106  appointing authority. For purposes of this chapter, adherence to
  107  the direction and supervision of an appointing authority does
  108  not constitute delegation or transfer of statutory authority
  109  assigned to the appointee.
  110         Section 8. Subsection (3) of section 120.52, Florida
  111  Statutes, is amended to read:
  112         120.52 Definitions.—As used in this act:
  113         (3) “Agency head” means the person or collegial body in a
  114  department or other governmental unit statutorily responsible
  115  for final agency action. An agency head appointed by and serving
  116  at the pleasure of an appointing authority remains subject to
  117  the direction and supervision of the appointing authority, but
  118  actions taken by the agency head as authorized by statute are
  119  official acts.