Florida Statutes

Fla. Stat. § 110.403 (2025)

Powers and duties of the department.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

110.403 Powers and duties of the department.—

(1) In order to implement the purposes of this part, the Department of Management Services, after approval by the Administration Commission, shall adopt and amend rules providing for:

(a) A system for employing, promoting, or reassigning managers that is responsive to organizational or program needs. In no event shall the number of positions included in the Senior Management Service exceed 1.0 percent of the total full-time equivalent positions in the career service. The department shall deny approval to establish any position within the Senior Management Service which would exceed the limitation established in this paragraph. The department shall report that the limitation has been reached to the Governor, the President of the Senate, and the Speaker of the House of Representatives, as soon as practicable after such event occurs. Employees in the Senior Management Service shall serve at the pleasure of the agency head and shall be subject to suspension, dismissal, reduction in pay, demotion, transfer, or other personnel action at the discretion of the agency head. Such personnel actions are exempt from the provisions of chapter 120.

(b) A performance appraisal system which shall take into consideration individual and organizational efficiency, productivity, and effectiveness.

(c) A classification plan and a salary and benefit plan that provides appropriate incentives for the recruitment and retention of outstanding management personnel and provides for salary increases based on performance.

(d) A system of rating duties and responsibilities for positions within the Senior Management Service and the qualifications of candidates for those positions.

(e) A system for documenting actions taken on agency requests for approval of position exemptions and special pay increases.

(f) Requirements regarding recordkeeping by agencies with respect to Senior Management Service positions. Such records shall be audited periodically by the Department of Management Services to determine agency compliance with the provisions of this part and the rules of the Department of Management Services.

(g) Other procedures relating to personnel administration to carry out the purposes of this part.

(h) A program of affirmative and positive action that will ensure full utilization of women and minorities in Senior Management Service positions.

(2) The powers, duties, and functions of the Department of Management Services shall include responsibility for the policy administration of the Senior Management Service.

(3) The department shall have the following additional responsibilities:

(a) To establish and administer a professional development program that shall provide for the systematic development of managerial, executive, or administrative skills. Such a program shall include the following topics:

1. Improving the performance of individual employees. This topic provides skills in understanding and motivating individual performance, providing effective and timely evaluations of employees, and making recommendations on performance incentives and disincentives.

2. Improving the performance of groups of employees. This topic provides skills in creating and maintaining productive workgroups and making recommendations on performance incentives and disincentives.

3. Relating the efforts of employees to the goals of the organization. This topic provides skills in linking the work of individual employees to the goals of the agency program, service, or activity.

4. Strategic planning. This topic provides the skills for defining agency business processes, measuring performance of such processes, and reengineering such processes for improved efficiency and effectiveness.

5. Team leadership. This topic provides skills in effective group processes for organizational motivation and productivity based on proven business and military applications that emphasize respect for and courtesy to the public.

(b) To promote public understanding of the purposes, policies, and programs of the Senior Management Service.

(c) To approve contracts of employing agencies with persons engaged in the business of conducting multistate executive searches to identify qualified and available applicants for Senior Management Service positions for which the department sets salaries in accordance with the classification and pay plan. Such contracts may be entered by the agency head only after completion of an unsuccessful in-house search. The department shall establish, by rule, the minimum qualifications for persons desiring to conduct executive searches, including a requirement for the use of contingency contracts. These rules shall ensure that such persons possess the requisite capacities to perform effectively at competitive industry prices. These rules shall also comply with state and federal laws and regulations governing equal opportunity employment.

(4) All policies and procedures adopted by the department regarding the Senior Management Service shall comply with all federal regulations necessary to permit the state agencies to be eligible to receive federal funds.

(5) The department shall adopt, by rule, procedures for Senior Management Service employees that require disclosure to the agency head of any application for or offer of employment, gift, contractual relationship, or financial interest with any individual, partnership, association, corporation, utility, or other organization, whether public or private, doing business with or subject to regulation by the agency.

History.—s. 1, ch. 80-404; s. 3, ch. 81-213; s. 1, ch. 84-48; ss. 4, 13, 14, ch. 85-318; s. 3, ch. 86-149; s. 15, ch. 87-224; s. 10, ch. 88-290; ss. 1, 2, ch. 89-13; s. 6, ch. 89-277; s. 35, ch. 92-279; s. 55, ch. 92-326; s. 18, ch. 94-113; s. 1, ch. 94-259; s. 18, ch. 96-399; s. 11, ch. 97-296; ss. 26, 27, ch. 2001-43.

Notes of Decisions

Cited in 7 cases, 1984–2005 · leading case: Toth v. South Florida Water Mgmt. Dist., 895 So. 2d 482 (Fla. 4th DCA 2005).

Sort: Relevance Newest Treatment

Toth v. South Florida Water Mgmt. Dist., 895 So. 2d 482 (Fla. 4th DCA 2005). · cites it 3× “Hasper is distinguishable, however, because in Has-per the petitioner was in a Senior Management Service Position, and at that time, section 110.403(l)(c), Florida Statutes (1984) provided a method for removing people in Senior Management Service Positions for poor performance.”

Hasper v. Dept. of Admin., 459 So. 2d 398 (Fla. 1st DCA 1984). “" Section 110.403(1)(c), Florida Statutes. Thus, under the statutory framework, an employee within the Senior Management Service may be removed for inadequate performance or performance which is not reflective of a highly competent senior-level manager, and may not be removed…”

Hasper v. Dep't of Labor & Emp. Sec., Div. of Emp. Sec., 459 So. 2d 400 (Fla. 1st DCA 1984). · cites it 2× “12, Florida Administrative Code, and Section 110.403(l)(c), Florida Statutes, she has no property interest in her Senior Management Service position.”

Gray v. Fla. Unemployment Appeals Com'n, 541 So. 2d 1319 (Fla. 1st DCA 1989). “Section 110.403(1)(a), Fla. Stat. (1987).”

Hasper v. Dept. of Labor & Emp. Sec., 459 So. 2d 400 (Fla. 1st DCA 1984). · cites it 3× “12, Florida Administrative Code, and Section 110.403(1)(c), Florida Statutes, she has no property interest in her Senior Management Service position.”

State, Dep't of Admin. v. Herring, 530 So. 2d 962 (Fla. 1st DCA 1988). · cites it 2× “Chapter 85-318, Laws of Florida; § 110.403, Fla.Stat. (1985). . Chapter 80-404, Laws of Florida.”

Park v. Dep't of Health & Rehabilitative Servs., 21 Fla. Supp. 2d 219 (Fla. Div. Admin. Hr'g 1985). · cites it 7× “This right was said to arise from Section 110.403(1), Florida Statutes (Supp.”

— 110.403(1) — 1 case

Park v. Dep't of Health & Rehabilitative Servs., 21 Fla. Supp. 2d 219 (Fla. Div. Admin. Hr'g 1985). “This right was said to arise from Section 110.403(1), Florida Statutes (Supp.”

— 110.403(1)(a) — 1 case

Gray v. Fla. Unemployment Appeals Com'n, 541 So. 2d 1319 (Fla. 1st DCA 1989). “Section 110.403(1)(a), Fla. Stat. (1987).”

— 110.403(1)(c) — 2 cases

Hasper v. Dept. of Labor & Emp. Sec., 459 So. 2d 400 (Fla. 1st DCA 1984). “12, Florida Administrative Code, and Section 110.403(1)(c), Florida Statutes, she has no property interest in her Senior Management Service position.”

— 110.403(l)(a) — 1 case

Park v. Dep't of Health & Rehabilitative Servs., 21 Fla. Supp. 2d 219 (Fla. Div. Admin. Hr'g 1985). “This right was said to arise from Section 110.403(1), Florida Statutes (Supp.”

— 110.403(l)(c) — 3 cases

Toth v. South Florida Water Mgmt. Dist., 895 So. 2d 482 (Fla. 4th DCA 2005). “Hasper is distinguishable, however, because in Has-per the petitioner was in a Senior Management Service Position, and at that time, section 110.403(l)(c), Florida Statutes (1984) provided a method for removing people in Senior Management Service Positions for poor performance.”

Hasper v. Dep't of Labor & Emp. Sec., Div. of Emp. Sec., 459 So. 2d 400 (Fla. 1st DCA 1984). “12, Florida Administrative Code, and Section 110.403(l)(c), Florida Statutes, she has no property interest in her Senior Management Service position.”

Park v. Dep't of Health & Rehabilitative Servs., 21 Fla. Supp. 2d 219 (Fla. Div. Admin. Hr'g 1985). “This right was said to arise from Section 110.403(1), Florida Statutes (Supp.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.