Florida Statutes

Fla. Stat. § 20.04 (2025)

Structure of executive branch.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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¹20.04 Structure of executive branch.—The executive branch of state government is structured as follows:

(1) The department is the principal administrative unit of the executive branch. Each department must bear a title beginning with the words “State of Florida” and continuing with “Department of .”

(2) For field operations, departments may establish district or area offices that combine division, bureau, section, and subsection functions.

(3) For their internal structure, all departments, except for the Department of Financial Services, the Department of Commerce, the Department of Children and Families, the Department of Corrections, the Department of Management Services, the Department of Revenue, and the Department of Transportation, must adhere to the following standard terms:

(a) The principal unit of the department is the “division.” Each division is headed by a “director.”

(b) The principal unit of the division is the “bureau.” Each bureau is headed by a “chief.”

(d) If further subdivision is necessary, sections may be divided into “subsections,” which are headed by “supervisors.”

(4) Within the Department of Children and Families there are organizational units called “circuits” and “regions.” Each circuit is aligned geographically with each judicial circuit, and each region comprises multiple circuits which are in geographical proximity to each other.

(5) Within the Department of Corrections the principal policy and program development unit of the department is the “office.” Each “office” is headed by a director.

(6) Within the Department of Transportation the principal policy and program development unit of the department is the “office.” Each “office” is headed by a director.

(7)(a) Unless specifically authorized by law, the head of a department may not reallocate duties and functions specifically assigned by law to a specific unit of the department. Those functions or agencies assigned generally to the department without specific designation to a unit of the department may be allocated and reallocated to a unit of the department at the discretion of the head of the department.

(b) Within the limitations of this subsection, the head of the department may recommend the establishment of additional divisions, bureaus, sections, and subsections of the department to promote efficient and effective operation of the department. However, additional divisions, or offices in the Department of Children and Families, the Department of Corrections, the Department of Commerce, and the Department of Transportation, may be established only by specific statutory enactment. New bureaus, sections, and subsections of departments may be initiated by a department and established as recommended by the Department of Management Services and approved by the Executive Office of the Governor, or may be established by specific statutory enactment.

(c) For the purposes of such recommendations and approvals, the Department of Management Services and the Executive Office of the Governor, respectively, must adopt and apply specific criteria for assessing the appropriateness of all reorganization requests from agencies. The criteria must be applied to future agency requests for reorganization and must be used to review the appropriateness of bureaus currently in existence. Any current bureau that does not meet the criteria for a bureau must be reorganized into a section or other appropriate unit.

(8) The Executive Office of the Governor must maintain a current organizational chart of each agency of the executive branch, which must identify all divisions, bureaus, units, and subunits of the agency. Agencies must submit such organizational charts in accordance with guidelines established by the Executive Office of the Governor.

History.—s. 4, ch. 69-106; s. 1, ch. 70-384; s. 1, ch. 75-48; s. 5, ch. 75-49; s. 1, ch. 75-275; s. 2, ch. 77-147; s. 2, ch. 78-95; s. 1, ch. 79-3; ss. 28, 61, ch. 79-190; s. 1, ch. 83-230; s. 11, ch. 85-318; s. 1, ch. 88-215; s. 1, ch. 88-235; s. 1, ch. 88-290; s. 2, ch. 91-158; s. 7, ch. 92-279; s. 55, ch. 92-326; s. 3, ch. 94-235; ss. 1, 15, ch. 95-272; ss. 2, 3, ch. 96-403; s. 1, ch. 97-287; s. 2, ch. 97-296; s. 3, ch. 99-155; s. 1, ch. 2000-139; s. 1, ch. 2002-404; s. 67, ch. 2003-261; s. 1, ch. 2012-84; ss. 7, 8, 56, ch. 2012-119; s. 18, ch. 2021-25; s. 7, ch. 2024-6.

¹Note.—Section 1(1), ch. 2025-7, provides that “[e]ach state agency shall update its geographic materials to reflect the new federal designation of the ‘Gulf of Mexico’ as the ‘Gulf of America.’ ”

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1970–2022 · leading case: Turner v. Gallagher, 640 So. 2d 120 (Fla. 5th DCA 1994).

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Turner v. Gallagher, 640 So. 2d 120 (Fla. 5th DCA 1994). · cites it 2× “§ 20.04, Fla. Stat. (1993). If this reference does mean the Department of Insurance, the duty of the department or agency to plead is in the disjunctive, and in a case such as this, [2] they have nothing to plead.”

Louis v. Nelson, 544 F. Supp. 973 (S.D. Fla. 1982). “2d 470 (1958); Davis, supra, at § 20.04. Third, courts do not require exhaustion when the question of the adequacy of the administrative remedy is for all practical purposes co-extensive with the merits of the plaintiff’s claim, such as when, for example, the plaintiff contends…”

Tennant v. Florida, 111 F. Supp. 2d 1326 (S.D. Fla. 2000). · cites it 2× “Fla. Stat. §§ 20.04 , 20.20. 5 The FDLE is therefore covered by the Florida’s Eleventh Amendment immunity.”

Deel Motors, Inc. v. Dep't of Com., 252 So. 2d 389 (Fla. 1st DCA 1971). · cites it 2× “, as servicing agent, or any other self-insurers groups similarly situated, the division shall enter its order requiring the employer members and former members of said groups liable therefor to pay all delinquent premiums and all necessary assessments, such payments to be paid…”

Am. Reliance Ins. Co. v. Perez, 689 So. 2d 290 (Fla. 3d DCA 1997). “01, at 20-2, § 20.04[1], at 20-13 (rev.3d ed.1996). We observe then, that the purpose of the policy is either to compensate those insureds who elect not to repair or replace the damaged portion of their property by paying them fair market value (which inherently includes a…”

Smith v. Willis, 415 So. 2d 1331 (Fla. 1st DCA 1982). “Davis, Administrative Law Treatise, § 20.04, 74 (1958). He would deny to agencies, however, the power to rule upon the facial validity of a statute, stating: "Only the courts have authority to take action which runs counter to the express will of the legislative body.”

Owen v. Cheney, 238 So. 2d 650 (Fla. 2d DCA 1970). “See, also, 6 McQuillin, Municipal Corporations, §§ 20.04-20.08 (3rd ed. 1969). [13] Id.”

Dep't of Corr. v. Sumner, 447 So. 2d 1388 (Fla. 1st DCA 1984). “52(1)(d), Florida Statutes, defines "agency" to include: Each other state office and each state department, departmental unit described in Section 20.04, commission, regional planning agency, board, district, and authority .”

John Gaul Constr. Co. v. Harbin, 247 So. 2d 33 (Fla. 1971). “) Section 20.04(5) provides "All departments and units thereof shall be subject to the requirements of the administrative procedure act, chapter 120.”

First Quality Home Care, Inc. v. All. for Aging, Inc., 14 So. 3d 1149 (Fla. 3d DCA 2009). · cites it 4× “, a state department/departmental unit described in section 20.04, Florida Statutes; an authority; a board; a commission; a regional planning agency; a multicounty special district; an educational unit; or an entity described in several listed statutes other than chapter 430,…”

Coral Imaging Servs. v. Geico Indem. Ins., 955 So. 2d 11 (Fla. 3d DCA 2006). “29(3)(b), (12); § 20.04(7)(a); § 20.19(6)(f); § 20.23(2)(a)3; § 27.”

Yvette Gomez v. City of Doral (11th Cir. 2022). “See Fla Stat. §§ 20.04, 20.201. Gomez’s speech also occurred at an FDLE office, rather than at work.”

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— 20.04(5) — 3 cases

Deel Motors, Inc. v. Dep't of Com., 252 So. 2d 389 (Fla. 1st DCA 1971). “, as servicing agent, or any other self-insurers groups similarly situated, the division shall enter its order requiring the employer members and former members of said groups liable therefor to pay all delinquent premiums and all necessary assessments, such payments to be paid…”

Huber Distrib. Co. v. Nat'l Distrib. Co., 307 So. 2d 176 (Fla. 1974).

— 20.04(7)(a) — 1 case

Coral Imaging Servs. v. Geico Indem. Ins., 955 So. 2d 11 (Fla. 3d DCA 2006). “29(3)(b), (12); § 20.04(7)(a); § 20.19(6)(f); § 20.23(2)(a)3; § 27.”

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