Florida Senate - 2016                              CS for SB 400
       
       
        
       By the Committee on Environmental Preservation and Conservation;
       and Senator Hays
       
       
       
       
       592-01416A-16                                          2016400c1
    1                        A bill to be entitled                      
    2         An act relating to the organizational structure of the
    3         Department of Environmental Protection; amending s.
    4         20.255, F.S.; requiring the secretary of the
    5         Department of Environmental Protection to appoint a
    6         general counsel; authorizing the secretary to
    7         establish divisions as necessary to accomplish the
    8         mission and goals of the department; authorizing
    9         offices to be established as necessary to promote the
   10         efficient and effective operation of the department;
   11         deleting the required establishment of certain offices
   12         and divisions; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsections (2) and (3) of section 20.255,
   17  Florida Statutes, are amended to read:
   18         20.255 Department of Environmental Protection.—There is
   19  created a Department of Environmental Protection.
   20         (2)(a) The secretary shall appoint There shall be three
   21  deputy secretaries who are to be appointed by and shall serve at
   22  the pleasure of the secretary. The secretary may assign any
   23  deputy secretary the responsibility to supervise, coordinate,
   24  and formulate policy for any division, office, or district.
   25         (b) The secretary shall appoint a general counsel who is
   26  directly responsible to and serves at the pleasure of the
   27  secretary. The general counsel is responsible for all legal
   28  matters of the department.
   29         (c) The secretary may establish divisions as he or she
   30  deems necessary to accomplish the mission and goals of the
   31  department, including, but not limited to, the following areas
   32  of program responsibility: water resources management,
   33  regulatory programs, and lands and recreation. The divisions
   34  shall be headed by directors, each of whom is to be appointed by
   35  and serve at the pleasure of the secretary. The Division of
   36  State Lands is established within the department, the director
   37  of which is to be appointed by the secretary, subject to
   38  confirmation by the Governor and Cabinet sitting as the Board of
   39  Trustees of the Internal Improvement Trust Fund.
   40         (d) Offices may be established as deemed necessary to
   41  promote the efficient and effective operation of the department.
   42  The secretary may combine, separate, or delete offices as
   43  necessary in consultation with the Executive Office of the
   44  Governor. The following special offices shall be are established
   45  and headed by managers, each of whom is to be appointed by and
   46  serve at the pleasure of the secretary:
   47         1. Office of Chief of Staff;
   48         2. Office of General Counsel;
   49         3. Office of Inspector General;
   50         4. Office of External Affairs;
   51         5. Office of Legislative Affairs;
   52         6. Office of Intergovernmental Programs; and
   53         7. Office of Greenways and Trails.
   54         8. Office of Emergency Response.
   55         (e)(b) There shall be six administrative districts involved
   56  in regulatory matters, such as of waste management, water
   57  resource management, wetlands, and air resources. The districts,
   58  which shall be headed by managers, each of whom is to be
   59  appointed by and serve at the pleasure of the secretary.
   60  Divisions of the department may have one assistant or two deputy
   61  division directors, as required to facilitate effective
   62  operation.
   63  
   64  The managers of all divisions, and offices, and districts
   65  specifically named in this section and the directors of the six
   66  administrative districts are exempt from part II of chapter 110
   67  and are included in the Senior Management Service in accordance
   68  with s. 110.205(2)(j).
   69         (3) The following divisions of the Department of
   70  Environmental Protection are established:
   71         (a) Division of Administrative Services.
   72         (b) Division of Air Resource Management.
   73         (c) Division of Water Resource Management.
   74         (d) Division of Environmental Assessment and Restoration.
   75         (e) Division of Waste Management.
   76         (f) Division of Recreation and Parks.
   77         (g) Division of State Lands, the director of which is to be
   78  appointed by the secretary of the department, subject to
   79  confirmation by the Governor and Cabinet sitting as the Board of
   80  Trustees of the Internal Improvement Trust Fund. In order to
   81  ensure statewide and intradepartmental consistency, the
   82  department’s divisions shall direct the district offices and
   83  bureaus on matters of interpretation and applicability of the
   84  department’s rules and programs.
   85         Section 2. This act shall take effect July 1, 2016.
   86