Delegation of Authority

AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY

RULE NO: RULE TITLE
71-1.001: Delegation of Authority

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 14, April 10, 2009 issue of the Florida Administrative Weekly.

71-1.001 Delegation of Authority.

In accordance with paragraph 20.05(1)(b), Florida Statutes, Tthe 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 (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 consult and coordinate with the Attorney General and the Department of Legal Affairs tTo 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.

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

(e)(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 subsection 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________.