11-1.0041. Confirmation and Delegation of Authority

(1) In accordance with section 20.05(1)(b), F.S., the Executive Director and other officials of the Department of Law Enforcement are hereby authorized to perform or exercise the following statutory powers and duties of the Agency, Department, or Department Head.

(a) The Executive Director or, his designee shall:

1. Supervise, direct, coordinate, and administer the day-to-day duties and functions of the Department in accordance with section 943.03, F.S.

2. Direct criminal investigations in accordance with section 943.04(2), F.S.

3. 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 governmental 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 Department. 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 Comptroller. The Executive Director shall report all contracts, leases, lease-purchases, licenses, agreements and purchases involving the expenditure of more than $100,000 to the Department Head on a quarterly basis.

4. Contract for consultant and professional services up to $100,000. However, selection of consultant and professional services, other than sole source, shall be by procedures in the Consultants Competitive Negotiations Act or other competitive processes established by rule.

5. Establish regional operation centers, field offices, bureaus, and similar entities as necessary to carry out the statutory duties of the Department.

6. Serve as the head of the agency for the purposes of authorizing and paying membership dues or travel expenses and per diem under sections 216.345 or 112.061, F.S. respectively. Membership dues shall be paid only when the membership serves a predominantly public purpose and is essential to the effective discharge of the public duties of the Department or one or more of its personnel.

7. Designate Department officials as custodians or subcustodians of records and property, as agents for service of process, as representatives to organizations in which the Department is a member or officer, and as official liaison with agencies of this State, other states, the Federal Government and the public.

8. Convene a Complaint Review Board, select members to serve on such board, serve notices, and otherwise exercise the authority provided in section 112.532, F.S., et seq.

9. Accept donations of property, real, personal or mixed, grants of money from any governmental unit, public agency, institution or person to carry out the objectives, and perform the duties of the Department pursuant to section 943.01, F.S., et seq., and other pertinent statutes; provided, however, that this authority shall not extend to situations where accepting or agreeing to accept a donation or grant will have a substantial, adverse impact upon other state agencies; provided further that donations shall be reported to the Department Head on a quarterly basis.

10. Bring suit in the name of the Department and in consultation with the Department of Legal Affairs, or to defend suit in the name of the Department.

11. Compromise and settle, in the best interest of the Department, subject to section 45.062, F.S., all claims, actions, causes of action and legal proceedings, whether sounding in tort or contract, that are brought against the Department 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 $100,000.00, and shall be reported to the Governor and Cabinet on at least a quarterly basis.

12. Act on behalf of the agency in carrying out the provisions of chapter 120, F.S., provided, however, the Governor and Cabinet shall approve all Department administrative rules and reserve the prerogative to act as hearing officer in section 120.57, F.S., proceedings involving great public interest or other public agencies. Examples include the following:

a. To initiate rulemaking by publishing a notice of intended action. The power to determine whether proposed rules should be approved for the filing of a notice of intended action and final adoption is hereby reserved to the Governor and Cabinet acting as the head of the Department.

b. To explain in writing why a rule development workshop is unnecessary.

c. To provide methods for making available a description of the agency’s organization and general course of operation pursuant to section 120.54(5)(b)5., F.S.

d. To issue an immediate final order pursuant to section 120.569(2)(1), F.S., that states the particular facts supporting a finding that there is an immediate danger to the public health, property, or welfare.

e. 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.

f. Pursuant to section 120.63(1)(a), F.S., to apply on behalf of the Department and certify to the Administration Commission that a proceeding required by chapter 120, F.S., conflicts with a provision of federal law or rule.

g. To prepare, certify, and file the rule review report mandated by section 120.74(2), F.S., with the presiding officers and affected standing committees of the Florida Legislature.

h. To take final agency action in any proceeding or matter within the scope of the Department’s authority.

(b) Except as provided herein, the Executive Director or Deputy Executive Director shall:

1. Exercise the authority of agency head under section 943.03(2) and chapter 110, F.S., State Personnel Rules and rules of the Department of Law Enforcement, taking final agency action in all personnel matters, including discipline, involving department employees.

2. Exercise the authority of agency head regarding transfer of appropriations under section 216.292, F.S.

3. Exercise authority in regard to the addition, deletion or transfer of positions within budget entities pursuant to section 216.262, F.S., and other pertinent laws.

(c) The Program and Regional Directors and other supervisors of the Department shall:

1. Exercise such authority in personnel matters, including discipline, as is authorized by the State Personnel Rules and rules of the Department of Management Services in the following areas:

(d) The person designated as human resource officer of the Department shall:

1. Exercise the authority delegated to the Department by the Department of Administration in the following areas:

a. Approval of payroll corrections due to clerical errors;

b. Approval of overlap of positions;

c. Determination of eligibility for classes unique to the Department (including approval of equivalency);

d. Approval of out-of-class appointments;

e. Approval of trainee appointments;

f. Approval of extensions of provisional status, probationary status, leaves without pay, and compulsory disability leaves.

(e) The person designated in writing to the Executive Office of the Governor shall be authorized to:

1. Initiate budget amendments.

2. Execute salary exception forms.

(f) Persons designated as purchasing agents of the Department may be authorized to initiate or execute purchase orders on behalf of the Department.

(2) The Executive Director shall keep each member of the Department Head advised of major policy issues arising in the Department, and shall place such matters upon the Department agenda when directed by the Governor or any member of the Cabinet.

Rulemaking Authority 943.03(4) FS. Law Implemented 20.05(1)(b), 20.201, 112.061, 120.63(1), 216.345, Chapter 943 FS. History–New 1-31-80, Amended 6-29-80, 7-5-81, Formerly 11-1.041, Amended 7-6-99, 8-22-00, 4-16-09.