55-1.003. Agency Head

(1) The head of the Department of Veterans’ Affairs is the Governor and Cabinet.

(2) The Executive Director of the Department shall be appointed by the Governor with the approval of three members of the Cabinet and subject to confirmation by the Senate. The Executive Director shall serve at the pleasure of the Governor and Cabinet.

(3) Authority to take the following action is hereby delegated to the Executive Director of the Department of Veterans’ Affairs or his designee:

(a) To approve the transfer of appropriations pursuant to Section 216.292, F.S..

(b) To administer personnel rules for career service employees and persons paid from OPS and to administer personnel actions for employees exempt from the career service system.

(c) To add, delete, or transfer authorized positions within each budget entity in accordance with Sections 216.262 and 216.141, F.S.

(d) To administer travel and per diem expenses of public officers, employees and authorized persons on official business, pursuant to Section 112.061, F.S..

(e) To negotiate, execute and enter into contracts and agreements, except as provided in paragraph (h), required for operation of the Department or to carry out programs approved by the Legislature or Governor and Cabinet; except, however, this delegation shall exclude awards of commodity contracts by the Department of Management Services.

(f) To expend appropriated funds and make purchases including capital outlay to carry out day-to-day operations of the Department.

(g) To execute contracts and orders approved by or on behalf of the Governor and Cabinet.

(h) To 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 set forth in the Consultants Competitive Negotiations Act, Section 287.055, F.S. (1988), or other competitive selection process established by rule.

(i) To enter into leases of real property for the Department’s operations.

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

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

(l) To settle claims, actions, causes of action and legal proceedings brought against the Department or its employee acting within the scope of his/her employment.

(m) To notify state attorneys, sheriffs or other law enforcement agencies of activity in violation of state law or Department rules when such violation is beyond the capacity of the Department to halt or prosecute.

(n) To accept donations and gifts of property or grants of money on behalf of the Department in compliance with the law, provided such gifts are unencumbered and have no impact on any other agency of the state.

(o) To respond in behalf of the Department to petitions filed pursuant to Sections 120.54, 120.56 and 120.57(1) and (2), F.S., and to issue declaratory statements pursuant to Section 120.565, F.S..

(p) To approve memberships in professional and other organizations in which state funds appropriated to the Department will be used in payments or dues pursuant to Section 216.345, F.S..

(q) To initiate all rulemaking.

(r) To perform other such functions as may be necessary to supervise, direct, conduct and administer the day-to-day duties of the Department as authorized by law or by rules and policies adopted by the Governor and Cabinet.

(s) The quarterly report of the Executive Director shall include reports of actions taken under paragraphs (e), (h), (i), (k), (l), (m), (n) and (p) above.

(4) When a matter which is the subject of a delegation approved in subsection (3) becomes controversial or when extraordinary events arise concerning a delegated action, that matter shall be brought before the Governor and Cabinet for their decision. Final action on all Department actions which result in a Recommended Order being issued pursuant to Section 120.57, F.S., shall be taken by the Governor and Cabinet.

(5) In addition to the delegations listed in subsection (3), the Governor and Cabinet have and may from time to time in the future approve additional delegations to the Executive Director or other staff when adopting other rules of the Department. A person interested in a particular program should review the specific rules of that program.

Rulemaking Authority 292.05(3) FS. Law Implemented 292.05, 296.04(2), (5), 296.34(3), (5) FS. History–New 7-5-89, Amended 5-5-92, 1-2-94, 6-10-08.