Fla. Admin. Code Ann. R. 19-3.016 - Executive Director
The Executive Director, who shall act as the Board's chief administrative and investment officer, shall be selected by and serve at the pleasure of the Board. The Board has hereby delegated authority to act in the following areas to the Executive Director or his or her designee:
(1) To negotiate, enter into, execute, amend
and terminate purchases, contracts, leases, lease-purchases, licenses and
agreements relating to real, personal and mixed property, services, commodities
and capital outlay items required for the day-to-day operations of the
Board.
(2) To negotiate, enter
into, execute, amend and terminate contracts, agreements, license applications,
account opening or maintenance documents, and all related documents as
necessary and/or appropriate to carry out the administrative, investment and
debt functions of the Board.
(3) To
control and disburse funds to carry out the constitutional and statutory duties
of the Board.
(4) Make final
decisions on all personnel matters, including discipline, involving Board
employees.
(5) To transfer funds
between categories of approved funds provided no category is increased or
decreased by more than five percent of the total approved budget by all action
taken.
(6) To transfer funds
between object codes of a category of approved funds without
limitation.
(7) To add, delete,
reclassify and transfer authorized salaried positions so long as the total
approved and budgeted positions are not exceeded.
(8) Authorize and pay travel expenses and per
diem under Section 112.061, F.S. Authorize and pay membership dues under
Section 216.345, F.S., when such membership is essential to the statutory
duties and responsibilities of the Board or, with respect to constitutional
duties and responsibilities of the Board, when such membership is essential to
the constitutional duties and responsibilities of the Board.
(9) To act as custodian of the records and
property of the Board.
(10) To act
as agent for service of process, as representative to organizations in which
the Board is a member or officer and as official liaison with agencies or other
bodies of the State, other states, the Federal Government and the
public.
(11) To bring suit, file
claims, or take legal action or proceedings in the name of the Board, or to
defend the Board in any suit, claim, or other legal action or proceeding
against the Board; and to manage, settle, and/or recover any claim or other
legal action or proceeding brought by or against the Board. The Executive
Director will provide notice to the Trustees of the Board no less than 5
business days prior to filing a complaint in the name of the Board.
(12)
(a) To
issue declaratory statements pursuant to Section 120.565, F.S.;
(b) To review and execute, or to delegate the
authority to review and execute, all final orders issued pursuant to Sections
120.569 and 120.57, F.S.;
(c) To
grant variances and waivers from rules pursuant to Section 120.542,
F.S.;
(d) To initiate all rule
development.
(e) To adopt,
implement, modify and terminate internal procedures, policies and
guidelines.
(13) To
perform or facilitate such other functions as may be necessary or appropriate
to supervise, direct, conduct and administer the day-to-day duties of the State
Board of Administration as authorized by law or by rules and policies adopted
by the Board.
(14) The Executive
Director shall keep each member of the Board advised of controversial or major
policy issues arising in the State Board of Administration and shall place such
matters upon its agenda when directed by any member of the Board.
(15) The management and the execution of the
investment and debt responsibilities of the Board shall be under the direction
and supervision of the Executive Director, subject to such limitations and
restrictions as may be prescribed by the Board.
(16) To authorize and designate futures and
options markets as authorized in Section 215.47, F.S.
(17) To assess and collect fees for
authorized services provided by the Board for certain services performed for
any agency, judicial branch or fund and to deposit the fees in and to expend
funds from the Administrative Expense Trust Fund. The services for which fees
may be assessed and collected include but are not limited to the following:
(a) Processing of interest rate waiver
applications.
(b) Collecting of
undistributed account balances.
(c)
Escrow restructuring.
(d)
Reproduction fees.
(e) Fees paid
for the services of General Counsel relating to private non-trust related
entities.
(f) Equitable surcharges
on investment earnings.
(g)
Administration and legal work fees.
(h) These fees may be deposited in the
Administrative Expense Trust Fund and expended only for lawful purposes of the
Board.
Notes
Rulemaking Authority 215.52, 215.62(5), 215.835, 215.84(5), 216.345(3), 218.412 FS. Law Implemented 112.061, 215.44(2)(b), 215.441, 215.515, 215.69, 215.84, 216.345(2), 218.409(7) FS.
New 7-13-75, Amended 4-10-84, 12-25-85, Formerly 19-3.16, Amended 12-11-89, 10-21-90, 6-4-91, 6-16-94, 10-15-13.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
The Executive Director, who shall act as the Board's chief administrative and investment officer, shall be selected by and serve at the pleasure of the Board. The Board has hereby delegated authority to act in the following areas to the Executive Director or his or her designee:
(1) To negotiate, enter into, execute, amend and terminate purchases, contracts, leases, lease-purchases, licenses and agreements relating to real, personal and mixed property, services, commodities and capital outlay items required for the day-to-day operations of the Board.
(2) To negotiate, enter into, execute, amend and terminate contracts, agreements, license applications, account opening or maintenance documents, and all related documents as necessary and/or appropriate to carry out the administrative, investment and debt functions of the Board.
(3) To control and disburse funds to carry out the constitutional and statutory duties of the Board.
(4) Make final decisions on all personnel matters, including discipline, involving Board employees.
(5) To transfer funds between categories of approved funds provided no category is increased or decreased by more than five percent of the total approved budget by all action taken.
(6) To transfer funds between object codes of a category of approved funds without limitation.
(7) To add, delete, reclassify and transfer authorized salaried positions so long as the total approved and budgeted positions are not exceeded.
(8) Authorize and pay travel expenses and per diem under Section 112.061, F.S. Authorize and pay membership dues under Section 216.345, F.S., when such membership is essential to the statutory duties and responsibilities of the Board or, with respect to constitutional duties and responsibilities of the Board, when such membership is essential to the constitutional duties and responsibilities of the Board.
(9) To act as custodian of the records and property of the Board.
(10) To act as agent for service of process, as representative to organizations in which the Board is a member or officer and as official liaison with agencies or other bodies of the State, other states, the Federal Government and the public.
(11) To immediately bring to the Board, in writing, and secure the Board's approval of any proposed legal action to be taken by or on behalf of the Board, except in defense of litigation instituted against the Board. However, where the emergent nature of a matter requires immediate action and it is not possible to present the matter to a regular or special meeting of the Board, then the Executive Director may take appropriate legal action subject to ratification at the next regular or special meeting of the Board.
(12)
(a) To issue declaratory statements pursuant to Section 120.565, F.S.;
(b) To review and execute, or to delegate the authority to review and execute, all final orders issued pursuant to Section 120.569 and 120.57, F.S.;
(c) To grant variances and waivers from rules pursuant to Section 120.542, F.S.;
(d) To initiate all rule development.
(e) To adopt, implement, modify and terminate internal procedures, policies and guidelines.
(13) To perform or facilitate such other functions as may be necessary or appropriate to supervise, direct, conduct and administer the day-to-day duties of the State Board of Administration as authorized by law or by rules and policies adopted by the Board.
(14) The Executive Director shall keep each member of the Board advised of controversial or major policy issues arising in the State Board of Administration and shall place such matters upon its agenda when directed by any member of the Board.
(15) The management and the execution of the investment and debt responsibilities of the Board shall be under the direction and supervision of the Executive Director, subject to such limitations and restrictions as may be prescribed by the Board.
(16) To authorize and designate futures and options markets as authorized in Section 215.47, F.S.
(17) To assess and collect fees for authorized services provided by the Board for certain services performed for any agency, judicial branch or fund and to deposit the fees in and to expend funds from the Administrative Expense Trust Fund. The services for which fees may be assessed and collected include but are not limited to the following:
(a) Processing of interest rate waiver applications.
(b) Collecting of undistributed account balances.
(c) Escrow restructuring.
(d) Reproduction fees.
(e) Fees paid for the services of General Counsel relating to private non-trust related entities.
(f) Equitable surcharges on investment earnings.
(g) Administration and legal work fees.
(h) These fees may be deposited in the Administrative Expense Trust Fund and expended only for lawful purposes of the Board.
Notes
Rulemaking Authority 215.52, 215.62(5), 215.835, 215.84(5), 216.345(3), 218.412 FS. Law Implemented 112.061, 215.44(2)(b), 215.441, 215.515, 215.69, 215.84, 216.345(2), 218.409(7) FS.
New 7-13-75, Amended 4-10-84, 12-25-85, Formerly 19-3.16, Amended 12-11-89, 10-21-90, 6-4-91, 6-16-94, 10-15-13.