Judges: Jim Smith Attorney General
Filed Date: 5/28/1986
Status: Precedential
Modified Date: 7/5/2016
The Honorable Victoria J. Tschinkel Secretary Department of Environmental Regulation Twin Towers Office Building 2600 Blairstone Road Tallahassee, Florida 32301-8241
Dear Secretary Tschinkel:
This is in response to your request for an Attorney General's Opinion on substantially the following question:
IS THE DEPARTMENT OF ENVIRONMENTAL REGULATION AUTHORIZED TO PROVIDE A MONETARY AWARD TO AN EMPLOYEE OF THE DEPARTMENT FOR AN INVENTION DEVELOPED BY THE EMPLOYEE WHILE WORKING FOR THE DEPARTMENT WHEN THE INVENTION IS PATENTED AND THEN MARKETED BY THE DEPARTMENT?
According to your letter, the Department of Environmental Regulation is trying to develop an agency patent policy describing the rights of the department and of an employee inventor when the department pursues a patent for an invention developed by an employee while working for the department. You state that the department wants to provide some kind of monetary award to the employee for an invention that is patented and then marketed to encourage such inventiveness within the department.
A state administrative agency or officer possesses no inherent power and may exercise only such authority as is expressly or by necessary implication conferred by law. See, e.g., Lang v. Walker,
Pursuant to s.
[s]ecure necessary scientific, technical, research, administrative, and operational services by interagency agreement, by contract, or otherwise. All state agencies, upon direction of the department, shall make these services and facilities available.
The Department of Environmental Regulation is also authorized to "[e]ncourage and conduct studies, investigations, and research relating to pollution and its causes, effects, prevention, abatement, and control." Section
These statutory provisions do not expressly authorize the Department of Environmental Regulation to provide a monetary award to an employee of the department for the development of an invention which the department patents and then markets. Further, it does not appear that such authority may be necessarily implied from any express power of the department. Cf., s.
In the absence of any express or necessarily implied authority, I must conclude that the Department of Environmental Regulation is not authorized to provide a monetary award to an employee of the department for an invention developed by the employee while working for the department when the invention is patented and then marketed by the department.
However, I would note that, pursuant to s.
(a) Propose procedures or ideas which are adopted and which will result in eliminating or reducing state expenditures or improving operations, or in generating additional revenues, provided such proposals are placed in effect and can be implemented under current statutory authority; or
(b) By their superior accomplishments, make exceptional contributions to the efficiency, economy, or other improvement in the operations of the state government.
Section
Unless otherwise provided by law, every state agency is authorized to participate in the Meritorious Service Awards Program. Career service employees (see, Part II, Ch.
(1) Awards for superior accomplishments are to recognize employees within a department, division, bureau or subunit for:
(a) Distinguished, career-oriented achievements which reflect exceptional contributions to state government;
(b) Significant contributions that benefit state government in the areas of the agency's statutory responsibilities or in the agency's service to the public; or
(c) Outstanding contributions in achieving results in the areas of the agency's statutory responsibilities.
(2) Awards for superior accomplishments may be either or both of the following:
(a) Cash awards shall not exceed $1,000. Savings bonds or other items in lieu of cash may be awarded provided the cost of such items does not exceed the limits specified in this subsection.
(b) Honor awards shall be an appropriate acknowledgement provided the value shall not exceed $50.
And see, subsection (3) which sets forth specific categories for superior accomplishments. The Department of Environmental Regulation may wish to consider whether the monetary awards program under consideration for implementation by the department may fall within the scope of s.
In sum, it is my opinion, unless and until legislatively or judicially determined otherwise, that the Department of Environmental Regulation is not authorized to provide a monetary award to an employee of the department for an invention developed by the employee while working for the department when the invention is patented and then marketed by the department unless such service may be included in the Meritorious Service Awards Program established by s.
Sincerely,
Jim Smith Attorney General
Prepared by:
Gerry Hammond Assistant Attorney General