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Florida Statute 110.402 - Full Text and Legal Analysis Florida Statute 110.402 | Lawyer Caselaw & Research
Fla. Stat. § 110.402 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
110.402 Senior Management Service; creation, coverage.
(1) The Senior Management Service is created as a separate system of personnel administration for positions in the executive branch the duties and responsibilities of which are primarily and essentially policymaking or managerial in nature.
(2) The Senior Management Service shall be limited to those positions which are exempt from the Career Service System by s. 110.205(2) and for which the salaries and benefits are set by the department in accordance with the rules of the Senior Management Service.
History.s. 1, ch. 80-404; ss. 2, 3, ch. 81-213; s. 2, ch. 82-187; ss. 13, 14, ch. 85-318; s. 2, ch. 86-149; s. 2, ch. 88-29; ss. 1, 2, ch. 89-13; s. 1, ch. 91-50; s. 18, ch. 94-113; s. 1, ch. 94-259.

Cases Citing F.S. 110.402

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·Gray v. Fla. Unemployment Appeals Com'n, 541 So. 2d 1319 (Fla. 1st DCA 1989).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1989 WL 36155

...The claim was denied because the government position from which he had been terminated, Regional Director with the Department of Corrections, is a nontenured senior management service position that is exempt from coverage under chapter 443, Florida Statutes. Section 110.402(1), Florida Statutes (1987), defines senior management service as including executive branch positions having "duties and responsibilities" that are "primarily and essentially policymaking or managerial in nature." Such positions are non-tenured....
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Cited as authorityBrenner (2004)
phrase: "rule_authority"
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Brenner v. Dep't of Banking & Fin., 892 So. 2d 1129 (Fla. 3d DCA 2004).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2004 WL 2955024

...Brenner appealed the Referee's decision to the Commission. The Commission affirmed the Referee's decision, holding that Brenner was disqualified from receiving unemployment benefits. Brenner now appeals the Commission's final order. Brenner's position as Regional Director is statutorily governed by section 110.402, Florida Statutes, which provides: The Senior Management Service is created as a separate system of personnel administration for positions in the executive branch the duties and responsibilities of which are primarily and essentially policymaking or managerial in nature. § 110.402, Fla....
...the service is performed by an individual in the exercise of duties ... [i]n a position that, under state law, is designated as a major nontenured policymaking or advisory position, including a position in the Senior Management service created under section 110.402...." § 443.1216(4)(c)4, Fla....
...erroneous. '" Cargill, Inc. v. Hill, 503 So.2d 1340 (Fla. 1st DCA 1987) (emphasis added); See also Dep't of Ins. v. Southeast Volusia Hosp. Dist., 438 So.2d 815, 820 (Fla.1983). It cannot be said that the Commission erroneously interpreted sections 110.402 and 443.1216, Florida Statutes (2003)....
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Brenner v. Florida Unemployment Appeals Comm'n, 929 So. 2d 630 (Fla. 3d DCA 2006).

Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 7042, 2006 WL 1331513

...To be classified in the Senior Management Service there was a different statutory test. The Senior Management Service consisted of “positions in the executive branch, the duties and responsibilities of which are primarily and essentially policy-making or managerial in nature.” § 110.402(1), Fla....
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Ago (Fla. Att'y Gen. 1990).

Published | Florida Attorney General Reports

...ce and requiring employing agencies to operate within such uniform rules. The definition of a "[s]tate agency" or "agency" for purposes of Chapter 110 , Florida Statutes, includes a commission or board of the executive branch of state government. 17 Section 110.402 (1), Florida Statutes, creates the Senior Management Service "as a separate system of personnel administration for positions in the executive branch the duties and responsibilities of which are primarily and essentially policymaking o...
...Stat., relating to planning and budgeting for state agencies and s. 216.011 (ll), defining "[s]tate agency" or "agency" as "any official, officer, commission, board, authority, council, committee, or department of the executive branch . . . of state government." 18 Pursuant to s. 110.402 (2), Fla....
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State, Dep't of Admin. v. Herring, 530 So. 2d 962 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 1873, 1988 Fla. App. LEXIS 3505, 1988 WL 81574

...not properly noticed, and that the economic impact statement was legally insufficient. In 1984 appellee (an attorney) took a position with the Department of Health and Related Services (HRS) within the Senior Management System, which is governed by section 110.402 et seq., Florida Statutes, and chapter 22SM, Florida Administrative Code....

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