Florida Statute 20.3 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IV
EXECUTIVE BRANCH

Chapter 20
ORGANIZATIONAL STRUCTURE

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F.S. 20.03

20.03 Definitions.—To provide uniform nomenclature throughout the structure of the executive branch, the following definitions apply:

(1) “Agency,” as the context requires, means an official, officer, commission, authority, council, committee, department, division, bureau, board, section, or another unit or entity of government.

(2) “Board of trustees,” except with reference to the board created in chapter 253, means a board created by specific statutory enactment and appointed to function adjunctively to a department, the Governor, or the Executive Office of the Governor to administer public property or a public program.

(3) “Cabinet” means collectively the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture, as specified in s. 4, Art. IV of the State Constitution.

(4) “Commission,” unless otherwise required by the State Constitution, means a body created by specific statutory enactment within a department, the office of the Governor, or the Executive Office of the Governor and exercising limited quasi-legislative or quasi-judicial powers, or both, independently of the head of the department or the Governor.

(5) “Committee” or “task force” means an advisory body created without specific statutory enactment for a time not to exceed 1 year or created by specific statutory enactment for a time not to exceed 3 years and appointed to study a specific problem and recommend a solution or policy alternative with respect to that problem. Its existence terminates upon the completion of its assignment.

(6) “Coordinating council” means an interdepartmental advisory body created by law to coordinate programs and activities for which one department has primary responsibility but in which one or more other departments have an interest.

(7) “Council” or “advisory council” means an advisory body created by specific statutory enactment and appointed to function on a continuing basis for the study of the problems arising in a specified functional or program area of state government and to provide recommendations and policy alternatives.

(8) “Department” means the principal administrative unit within the executive branch of state government.

(9) “Examining and licensing board” means a board authorized to grant and revoke licenses to engage in regulated occupations.

(10) “Executive director” means the chief administrative employee or officer of a department headed by a board or by the Governor and the Cabinet.

(11) “Head of the department” means the individual under whom or the board under which direct administration of the department is placed by statute. Where direct administration of a department is placed under an officer or board appointed by and serving at the pleasure of the Governor, that officer or board remains subject to the Governor’s supervision and direction.

(12) “Secretary” means an individual who is appointed by the Governor to head a department and who is not otherwise named in the State Constitution.

(13) “To serve at the pleasure” means the appointee serves in the office until removed by the appointing authority. Consistent with the allotment of executive authority under ss. 1 and 6, Art. IV of the State Constitution, an appointee serving at the pleasure of the appointing authority generally remains subject to the direction and supervision of the appointing authority.

History.—s. 3, ch. 69-106; s. 2, ch. 82-46; s. 5, ch. 83-217; s. 2, ch. 94-235; s. 3, ch. 2000-258; s. 5, ch. 2012-116; s. 8, ch. 2023-8.

F.S. 20.03 on Google Scholar

F.S. 20.03 on CourtListener

Amendments to 20.03

Annotations, Discussions, Cases:

Cases Citing Statute 20.03

Total Results: 33

United States v. Lockley

632 F.3d 1238, 2011 U.S. App. LEXIS 2781, 2011 WL 476875

Court of Appeals for the Eleventh Circuit | Filed: Feb 11, 2011 | Docket: 1888895

Cited 153 times | Published

(quoting Wayne LeFave, Substantive Criminal Law § 20.3 intro., (d)(2) (2d ed.2003) (alteration in original))

Jan M. Tuveson v. Florida Governor's Council on Indian Affairs, Inc., a Florida Corporation and an Agency of the State of Florida

734 F.2d 730, 1984 U.S. App. LEXIS 21448, 35 Fair Empl. Prac. Cas. (BNA) 264, 34 Empl. Prac. Dec. (CCH) 34,453

Court of Appeals for the Eleventh Circuit | Filed: Jun 18, 1984 | Docket: 439506

Cited 56 times | Published

executive branch council. 1 Fla.Stat. § 20.03(7) (1979). That statutory definition has since

Krause v. Reno

366 So. 2d 1244, 4 Media L. Rep. (BNA) 2102

District Court of Appeal of Florida | Filed: Feb 6, 1979 | Docket: 1228415

Cited 56 times | Published

entity acting on behalf of any public agency." Section 20.03(11), Florida Statutes (1977), of the Government

Miccosukee Tribe Of Indians Of Florida v. Florida State Athletic Commission

226 F.3d 1226

Court of Appeals for the Eleventh Circuit | Filed: Sep 26, 2000 | Docket: 1072024

Cited 34 times | Published

agency as, inter alia, a commission. See Fla. Stat. 20.03(11) (" 'Agency,' as the context requires

BellSouth Telecommunications, Inc. v. Town of Palm Beach

252 F.3d 1169, 2001 U.S. App. LEXIS 10837, 2001 WL 567711

Court of Appeals for the Eleventh Circuit | Filed: May 25, 2001 | Docket: 396702

Cited 27 times | Published

prohibition of franchises in § 337.401(3)(a). Section 20-3 states that the occupancy fee, however, “is

FLA. EXPORT TOBACCO v. Dept. of Revenue

510 So. 2d 936

District Court of Appeal of Florida | Filed: Jun 26, 1987 | Docket: 1589023

Cited 20 times | Published

exclusive jurisdiction language of Article V, Section 20(3), to applications for refunds, wherein the Comptroller

Bruce Wright v. City of St. Petersburg, Florida

833 F.3d 1291, 2016 U.S. App. LEXIS 14957, 2016 WL 4269796

Court of Appeals for the Eleventh Circuit | Filed: Aug 15, 2016 | Docket: 4119706

Cited 18 times | Published

That challenge misses its mark because Ordinance § 20-3 0(g) does not prohibit conduct or impose punishment

Lapides v. Board of Regents of the University System of Georgia

251 F.3d 1372, 2001 U.S. App. LEXIS 10649, 81 Empl. Prac. Dec. (CCH) 40,766, 2001 WL 561352

Court of Appeals for the Eleventh Circuit | Filed: May 24, 2001 | Docket: 396704

Cited 14 times | Published

immunity to the Board of Regents. See O.C.G.A. § 20-3-36. However, with respect to the Georgia Tort Claims

Stazenski v. Tennant Co.

617 So. 2d 344, 1993 WL 107064

District Court of Appeal of Florida | Filed: Apr 13, 1993 | Docket: 1305771

Cited 12 times | Published

Harper, F. James and O. Gray, The Law of Torts § 20.3 (2d ed. 1986); 5 S. Speiser, C. Krause and A. Gans

Yost v. American Nat. Bank

570 So. 2d 350, 1990 WL 157754

District Court of Appeal of Florida | Filed: Oct 16, 1990 | Docket: 1704108

Cited 11 times | Published

1972); Trawick, Florida Practice and Procedure, § 20-3 (1985). Although a severance for separate trial

BellSouth Telecommunications, Inc. v. City of Coral Springs

42 F. Supp. 2d 1304, 1999 U.S. Dist. LEXIS 1808, 1999 WL 149769

District Court, S.D. Florida | Filed: Jan 25, 1999 | Docket: 2369167

Cited 10 times | Published

rights-of-way. City of Dallas, 8 F.Supp.2d 582, 592-93. Section 20-3. Compensation Required: This section clearly

SAFETY HARBOR v. Communications Workers

715 So. 2d 265, 1998 WL 101352

District Court of Appeal of Florida | Filed: Mar 11, 1998 | Docket: 1204724

Cited 5 times | Published

Comp. Stat. 315/3(m) (West 1997); Iowa Code Ann. § 20.3(9)(1997); Kan. Stat. Ann. § 75-4322(d)(1996); Me

DEPT. OF PROFESSIONAL REG. v. Hall

398 So. 2d 978

District Court of Appeal of Florida | Filed: May 14, 1981 | Docket: 1326454

Cited 5 times | Published

administrative units of the executive branch, Section 20.03(2), headed by a Secretary with powers ostensibly

Manganelli v. Covington

114 So. 2d 320

District Court of Appeal of Florida | Filed: Aug 13, 1959 | Docket: 1513573

Cited 5 times | Published

Torts, § 45, p. 230; 2 Harper & James, Torts, § 20.3, p. 1124. Therefore, the only claim of the plaintiff

Whiley v. Scott

79 So. 3d 702, 36 Fla. L. Weekly Supp. 451, 2011 Fla. LEXIS 1900, 2011 WL 3568804

Supreme Court of Florida | Filed: Aug 16, 2011 | Docket: 60305373

Cited 4 times | Published

department” is the "[h]ead of the department.” § 20.03(4). . Chapter 380 of the Florida Statutes, Land

Aguila v. Corporate Caterers II, Inc.

199 F. Supp. 3d 1358, 2016 WL 4196656, 2016 U.S. Dist. LEXIS 104962

District Court, S.D. Florida | Filed: Aug 9, 2016 | Docket: 64309935

Cited 3 times | Published

not the employer has taken a tip credit under section [20]3(m) of the FLSA. The employer is prohibited from

Wernle v. Bellemead Development Corporation

308 So. 2d 97

Supreme Court of Florida | Filed: Jan 29, 1975 | Docket: 1252042

Cited 2 times | Published

established by the *104 Constitution, Article IV, Section 20.[3] Finally, under the authority of these chapters

Bellsouth Telecommunications v. Town of Palm Beach

252 F.3d 1169

Court of Appeals for the Eleventh Circuit | Filed: May 25, 2001 | Docket: 396701

Cited 1 times | Published

13 Section 20-3. Compensation Required: This section requires

American Securities Association v. U.S. Securities and Exchange Commission

Court of Appeals for the Eleventh Circuit | Filed: Jul 25, 2025 | Docket: 68006311

Published

Argued: Feb 3, 2025

Pierce, Jr., Admin- istrative Law Treatise § 20.3 (7th ed. 2025). For example, vacatur is

Taquila Monroe v. Board of Regents of the University System of Georgia

Court of Appeals for the Eleventh Circuit | Filed: Feb 15, 2024 | Docket: 66922603

Published

Argued: Mar 2, 2023

Const. art. VIII, § 4 ¶ I(b); Ga. Code Ann. § 20-3-51. Under the Georgia Con- stitution, “[i]t

Stewart J. Smith v. United States

Court of Appeals for the Eleventh Circuit | Filed: Jul 29, 2021 | Docket: 60094550

Published

and their dependents and survivors.” 38 C.F.R. § 20.3(e).

FHR TB, LLC v. TB Isle Resort, LP.

865 F. Supp. 2d 1172, 2011 WL 4914715, 2011 U.S. Dist. LEXIS 155752

District Court, S.D. Florida | Filed: Oct 14, 2011 | Docket: 65981729

Published

internal laws of the State of New York. (HMA, p. 59, § 20.3, Pltfs’ Ex. 1; DE# 9-1, p. 15). While New York

United States v. Theodore D. Lockley

Court of Appeals for the Eleventh Circuit | Filed: Feb 11, 2011 | Docket: 2906579

Published

(quoting Wayne LeFave, Substantive Criminal Law § 20.3 intro., (d)(2) (2d ed. 2003) (alteration in original))

Cunningham v. Pfizer Inc.

294 F. Supp. 2d 1329, 2003 U.S. Dist. LEXIS 24429, 2003 WL 22911206

District Court, M.D. Florida | Filed: Dec 10, 2003 | Docket: 2435783

Published

issue that the parties submitted to the Panel. Section 20.3 of the ESP states that "All disputed [sic] regarding

Ago

Florida Attorney General Reports | Filed: Mar 27, 2002 | Docket: 3258176

Published

the executive branch of state government.5 Section 20.03(7), Florida Statutes, defines "Council" or "advisory

Miccosukee Tribe of Indians v. Florida State Athletic Commission

226 F.3d 1226, 2000 WL 1288675

Court of Appeals for the Eleventh Circuit | Filed: Sep 13, 2000 | Docket: 767554

Published

a commission. See Fla. Stat. § 20.03(11) (“ ‘Agency,’ as the context requires, means

Miccosukee Tribe v. Florida State Athletic Comm.

Court of Appeals for the Eleventh Circuit | Filed: Sep 13, 2000 | Docket: 75567

Published

agency as, inter alia, a commission. See Fla. Stat. § 20.03(11) (“‘Agency,’ as the context requires, means

Toyota Tsusho America, Inc. v. Crittenden

736 So. 2d 754, 1999 Fla. App. LEXIS 8921, 1999 WL 445806

District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 64789229

Published

judgment pursuant to Tennessee Code Annotated, section 20-3-101(a) (1998). In the same action Toyota also

Ago

Florida Attorney General Reports | Filed: Jun 1, 1998 | Docket: 3258330

Published

Opinion 86-105 (1986). 12 See, n. 10, supra. 13 Section 20-3, City of Cape Coral Code of Ordinances.

Ago

Florida Attorney General Reports | Filed: Nov 20, 1996 | Docket: 3256689

Published

corporation is not an agency within the meaning of section 20.03(11), Florida Statutes.6 The institute has the

Ago

Florida Attorney General Reports | Filed: Dec 20, 1990 | Docket: 3258269

Published

the nature of a commission as described in section 20.03(10), Florida Statutes, i.e., the board exercises

Ago

Florida Attorney General Reports | Filed: Dec 29, 1978 | Docket: 3256647

Published

supervision of, the head of the department. Section 20.03(1), F. S., defines `agency,' as the context

Ago

Florida Attorney General Reports | Filed: Feb 27, 1974 | Docket: 3256389

Published

of the department to serve at its pleasure. Section 20.03(6) defines the executive director to mean the