55-2.002: Membership of Florida Cabinet
55-2.003: Meetings and Notice
55-2.004: Presiding Officer
55-2.005: Quorum
55-2.006: Agendas
55-2.007: Distribution of Agendas
55-2.008: Recording of Proceedings
55-2.009: Minutes
55-2.010: Quarterly Reports
55-2.011: Agency Action
55-2.012: Voting
55-2.013: Amendment to Rules
PURPOSE AND EFFECT: To remove rules that are redundant of statute. To amend requirements for the content of quarterly report preceding legislative session.
SUMMARY: Meetings of Governor and Cabinet as Head of Department.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 292.05(3) FS.
LAW IMPLEMENTED: 20.37, 292.05 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ron Lynn, (850)487-1533
THE FULL TEXT OF THE PROPOSED RULE IS:
55-2.002 Membership of
The Florida Cabinet shall consist of the Secretary of State, the Attorney General, the Comptroller, the Treasurer, the Commissioner of Agriculture, and the Commissioner of Education.
Specific Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. HistoryNew 7-5-89, Repealed_________.
55-2.003 Meetings of the Governor and Cabinet as Head of the Department of Veterans Affairs and Notice.
The business of the Department of Veterans Affairs shall be presented to the Governor and Cabinet by the Executive Director of the Department or some person designated by him in accordance with rules governing meetings of the Cabinet. Requirements as to presiding officer, quorum, agendas, minutes, recordings, voting and agency action shall also follow such rules. Regular public meetings of the Governor and Florida Cabinet to transact the business of the Department of Veterans Affairs shall be at 9:00 a.m., on the second and fourth Tuesdays of each month, in the Cabinet Meeting Room, Lower Level, The Capitol, or at such other place and time in Tallahassee, Florida, as may be designated by the Governor or a majority of the Cabinet. The Executive Director shall publish a standard notice of the Department of Veterans Affairs meeting in the Florida Administrative Weekly at least seven (7) days in advance. Said notice shall comply with Rule 28-2.001, F.A.C. A meeting shall not be held on holidays, election days, or when the number present fails to constitute a quorum. Special meetings may be held at any place or time at the call of the Governor or of a majority of the members of the Cabinet or as provided by law.
Specific Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. HistoryNew 7-5-89, Amended________.
55-2.004 Presiding Officer.
The Governor shall be the presiding officer. In his absence, the meeting shall be presided over by the Secretary of State, or in his absence, the Attorney General.
Specific Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. HistoryNew 7-5-89, Repealed________.
55-2.005 Quorum.
A quorum shall consist of a majority of the membership of the Governor and Cabinet except where otherwise provided by law.
Specific Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. HistoryNew 7-5-89, Repealed________.
55-2.006 Agendas.
The business of the Department of Veterans Affairs shall be presented to the Governor and Cabinet by the Executive Director of the Department or some person designated by him. It shall be in the form of an agenda. Each item of business on each agenda requiring action by the Governor and Cabinet shall be separately presented to the Governor and Cabinet with an explanatory summary of the item and with a recommendation for action. All agenda, their explanation and recommendations, shall be supported by such additional information, not included as an integral part of the agenda, as may be necessary to fully inform the Governor and Cabinet of the matter before it. The agenda shall contain the items to be considered in the order of presentation. After the agenda has been made available, change shall be only for good cause, as determined by the person designated to preside, and stated in the record. Notification of such change shall be at the earliest practicable time. Any item deferred must be re-agendaed for the next regularly scheduled meeting of the Governor and Cabinet unless a longer period of deferment is approved by a majority vote of the Governor and Cabinet. Department of Veterans Affairs committee reports shall be received at the meeting of the Department. Any matters contained in a committee report which require action by the Governor and Cabinet must be submitted to the Department of Veterans Affairs for evaluation, recommendation and presentation on an agenda.
Specific Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. HistoryNew 7-5-89, Repealed________.
55-2.007 Distribution of Agendas.
All agenda containing items for consideration by the Governor and Cabinet shall be furnished to each member by 5 p.m. of the eighth calendar day, prior to the regular meeting day and made available for distribution on request of any interested persons. Charges may be made for duplication and distribution of agendas to such interested parties.
Specific Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. HistoryNew 7-5-89, Repealed________.
55-2.008 Recording of Proceedings.
The Secretary of State shall record electronically the proceedings of each meeting, which proceedings shall be transcribed into writing and copies distributed to the Governor and Cabinet members. The electronic recording and the transcribed record shall be permanently filed in the Office of the Secretary of State.
Specific Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. HistoryNew 7-5-89, Repealed________.
55-2.009 Minutes.
(1) The Executive Director of the Department of Veterans Affairs shall keep the official minutes of the meeting of the Department, transcribe them into writing, and have them approved the next time the Department appears before the Governor and Cabinet with an agenda.
(2) The minutes of each meeting of the Department, when approved, shall be the official and controlling record of the meeting. The minutes, before being submitted for approval, shall be checked against the electronic recordings of each meeting to ascertain their accuracy.
Specific Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. HistoryNew 7-5-89, Repealed________.
55-2.010 Quarterly Reports.
The Executive Director of the Department of Veterans Affairs shall submit a quarterly report to the Governor and each member of the Cabinet not later than one month following the end of each quarter. Unless a meeting to discuss the report is requested by a member of the Cabinet such report shall be presented as an agendaed item during the next regular meeting scheduled by the Executive Director of the Department. Whenever an audit report is issued on the Department of Veterans Affairs, the Executive Director of the Department shall include an explanation of said report in the next regular quarterly report. Such explanation shall include the areas of criticism identified in the audit report and any actions taken to resolve or correct the criticisms. The quarterly report that is due immediately preceding the start of a regularly scheduled session of the Florida Legislature shall also include any recommendations for reorganization plus a brief summary of the proposed legislative program of the Department and information to show why the proposed changes are needed.
Specific Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. HistoryNew 7-5-89, Amended 5-5-92,________.
55-2.011 Agency Action.
Action of the Head of the Department of Veterans Affairs shall be by motion, duly made, seconded and passed by simple majority or as otherwise required by law.
Specific Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. HistoryNew 7-5-89, Repealed________.
55-2.012 Voting.
It shall be the duty of the presiding officer to determine the vote on each motion. If any member desires to record the vote on any motion, he shall be granted that right on request. No member may abstain on any motion where a vote is called unless otherwise provided by law.
Specific Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. HistoryNew 7-5-89, Repealed________.
55-2.013 Amendment to Rules.
These rules may be amended in conformity with the requirements of Chapter 120, F.S.
Specific Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. HistoryNew 7-5-89, Repealed________.
