The purpose of the proposed new Rule 71-1.001, F.A.C., is to grant delegation of authority to the Executive Director of the Agency for Enterprise Information Technology (AEIT) from the Governor and Cabinet for the general day-to-day administrative ...

AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY

RULE NO: RULE TITLE
71-1.001: Delegation of Authority
PURPOSE AND EFFECT: The purpose of the proposed new Rule 71-1.001, F.A.C., is to grant delegation of authority to the Executive Director of the Agency for Enterprise Information Technology (AEIT) from the Governor and Cabinet for the general day-to-day administrative duties of the Agency, for those duties and responsibilities relating to enterprise IT services and information security, and for those duties and responsibilities relating to the state data center system. The effect of this rule is a decrease in the day-to-day responsibilities of the Governor and Cabinet in regards to the statutory obligations of the AEIT, and an increase in the efficiency and ease of administration of the AEIT to perform its statutory obligations.
SUMMARY: Proposed Rule 71-1.001, F.A.C., enumerates the duties delegated from the head of the Agency, the Governor and Cabinet, to the Executive Director of the AEIT. Chapter 14.204, F.S. establishes the AEIT and outlines the responsibilities of the Agency in regards to enterprise IT services in the State of Florida; Section 282.201, F.S., outlines the duties and responsibilities of the AEIT concerning the State Data Center System; and Section 282.318, F.S., outlines the duties and responsibilities relating to enterprise information security. Duties which cannot be delegated, and which require approval of the Governor and Cabinet by statute, include (1) final approval of the Agency’s Annual Operational Work Plan (Section 282.0056, F.S.); (2) Initiation of the rule-making process; and (3) Final approval of rules created by the Agency.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency.
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: 14.204(6) FS.
LAW IMPLEMENTED: 14.204, 282.201, 282.318 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Dawn Creamer, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dawn Creamer, Assistant to the Executive Director, Agency for Enterprise Information Technology, 4030 Esplanade Way, Suite 135, Tallahassee, FL 32399-0950; telephone [phone]; e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

DELEGATION OF AUTHORITY

71-1.001 Delegation of Authority.

In accordance with Section 20.05(1)(b), F.S., the Executive Director or the Executive Director’s designee are authorized to take the following actions:

(1) To perform all administrative activities required to supervise, direct, conduct, and administer the day-to-day duties of the Agency as authorized by law, or by rules or in directives issued by the Governor and Cabinet acting as the head of the Agency.

(2) To take any action concerning planning and budgeting for the Agency, as authorized pursuant to Chapter 216, F.S., or other laws or rules adopted by the Governor and Cabinet, or in directives issued by the Governor and Cabinet acting as the head of the Agency.

(3)(a) To negotiate, enter into and execute purchases, contracts, leases, lease-purchases, licenses and agreements relating to real, personal and mixed property, services, commodities and capital outlay items with government agencies and persons as defined in Section 1.01(3), F.S., and carry out on a day-to-day basis, the operations of the Agency. The foregoing authority shall be within current appropriations and shall be in accordance with pertinent statutes and rules of the Department of Management Services and the Department of Financial Services. The Executive Director shall report all contracts, leases, lease-purchases, licenses, agreements and purchases involving the expenditure of more than $100,000 to the Governor and Cabinet on a quarterly basis.

(b) To contract for consultant and professional services up to $100,000. However, selection of consultant and professional services, other than sole sources, shall be by procedures set forth in the Consultants Competitive Negotiations Act (Section 287.055, F.S.) or other competitive selection process established by rule.

(4) To designate appropriate officials or employees to act as custodian of the records of the Agency, and to accept service of process on behalf of the Agency and Executive Director in accordance with the law.

(5) To bring suit in the name of the Agency and in consultation with the Attorney General, or to defend suit in the name of the Agency.

(6) To compromise and settle in the best interest of the Agency, subject to Section 45.062, F.S., all claims, actions, causes of action and legal proceedings that are brought against the Agency or any of its employees acting within the scope of their employment. Such compromises and settlements shall be limited to cases where the total amount paid is less than $100,000 and shall be reported to the Governor and Cabinet on at least a quarterly basis.

(7) To accept donations and gifts of property or grants of money on behalf of the Agency in compliance with the law, provided such gifts are unencumbered and have no impact on any other agency of the state. Any such donations shall be reported to the Governor and Cabinet on a quarterly basis.

(8) To act on behalf of the Agency in carrying out the provisions of Chapter 120, F.S., unless prohibited by law or by directives issued by the Governor and Cabinet acting as the head of the Agency. This delegation specifically includes, but is not limited to the following:

(a) To publish a notice of intended rulemaking, after approval of such proposed notice by the Governor and Cabinet pursuant to Section 120.54(1)(k), F.S.

(b) To certify that a proposed rule has been approved by the Governor and Cabinet pursuant to Section 120.54(3)(e)1., F.S.

(c) To file with the Department of State the approved rule pursuant to Section 120.54 (3)(e)1., F.S.

(d) To explain in writing when appropriate why a rule development workshop is unnecessary.

(e) To issue declaratory statements pursuant to Section 120.565, F.S.

(f) To provide methods for making available a description of the Agency’s organization and general course of its operations, pursuant to Section 120.54(5)(b)7., F.S.

(g) To issue a written statement pursuant to Section 120.57(3)(c), F.S., explaining why a bid solicitation process or contract award process must be continued without delay due to an immediate and serious danger to the public health, safety or welfare.

(9) To perform all administrative activities required to supervise, direct, conduct, and administer the duties relating to enterprise information technology services set forth in Section 14.204(4), F.S., or in rules adopted thereunder relating to enterprise information technology issues.

(10) To perform all administrative activities required to supervise, direct, conduct and administer the duties set forth in Section 282.318, F.S., or in rules adopted thereunder relating to information security issues.

(11) To perform all administrative activities required to supervise, direct, conduct and administer the duties set forth in Section 282.201, F.S., or in rules adopted thereunder relating to the State Data System.

Rulemaking Authority 14.204(6) FS. Law Implemented 14.204, 282.201, 282.318 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: David W. Taylor, Executive Director, Agency for Enterprise Information Technology, 4030 Esplanade Way, Suite 135, Tallahassee, Florida, 32399-0950; telephone [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet, The Capitol, Tallahassee, Florida 32399-0001
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 27, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 20, 2009. The notice of rule development for this rule stated that a workshop would not be held unless one was requested in writing. The Agency did not receive a written request to hold a workshop. Throughout this rulemaking process, copies have been made available upon request.