Florida Statutes

Fla. Stat. § 20.05 (2025)

Heads of departments; powers and duties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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20.05 Heads of departments; powers and duties.—

(1) Each head of a department, subject to the allotment of executive power under Article IV of the State Constitution, and except as otherwise provided by law, must:

(a) Plan, direct, coordinate, and execute the powers, duties, and functions vested in that department or vested in a division, bureau, or section of that department; powers and duties assigned or transferred to a division, bureau, or section of the department must not be construed to limit this authority and this responsibility;

(b) Have authority, without being relieved of responsibility, to execute any of the powers, duties, and functions vested in the department or in any administrative unit thereof through administrative units and through assistants and deputies designated by the head of the department from time to time, unless the head of the department is explicitly required by law to perform the same without delegation;

(c) Compile annually a comprehensive program budget reporting all program and fiscal matters related to the operation of his or her department, including each program, subprogram, and activity, and other matters as required by law;

(d) Reimburse the members of advisory bodies, commissions, and boards of trustees for their actual and necessary expenses incurred in the performance of their duties in accordance with s. 112.061;

(e) Subject to the requirements of chapter 120, exercise existing authority to adopt rules pursuant and limited to the powers, duties, and functions transferred to the department;

(f) Exercise authority on behalf of the department to accept gifts, grants, bequests, loans, and endowments for purposes consistent with the powers, duties, and functions of the department. All such funds must be deposited in the State Treasury and appropriated by the Legislature for the purposes for which they were received by the department;

(g) If a department is under the direct supervision of a board, including a board consisting of the Governor and Cabinet, however designated, employ an executive director to serve at its pleasure; and

(h) Make recommendations concerning more effective internal structuring of the department to the Legislature. Unless otherwise required by law, such recommendations must be provided to the Legislature at least 30 days before the first day of the regular session at which they are to be considered, when practicable.

(2) The appointment of a secretary appointed by the Governor to serve as the head of a department must be confirmed by the Senate.

(3) The Governor may assign the Lieutenant Governor, without Senate confirmation, the duty of serving as the head of any one department, the head of which is a secretary appointed by the Governor, notwithstanding any qualifications for appointment as secretary of the department.

(4) Each head of a department may require any officer or employee of the department to give a bond for the faithful performance of his or her duties. The head of a department may determine the amount of the bond and must approve the bond. In determining the amount of the bond, the head of the department may consider the amount of money or property likely to be in custody of the officer or employee at any one time. The premiums for the bonds must be paid out of the funds of the department.

History.—s. 5, ch. 69-106; s. 2, ch. 74-256; s. 8, ch. 77-104; s. 4, ch. 94-235; s. 1314, ch. 95-147; s. 3, ch. 98-34; s. 6, ch. 2012-116.

Notes of Decisions

Cited in 18 cases, 1970–2019 · leading case: Whiley v. Scott, 79 So. 3d 702 (Fla. 2011).

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Whiley v. Scott, 79 So. 3d 702 (Fla. 2011). · cites it 5× “Section 20.05, Florida Statutes (2010), provides in pertinent part that “(1) Each head of a department, except as otherwise provided by law, must: .”

Brenner v. Scott, 999 F. Supp. 2d 1278 (N.D. Fla. 2014). · cites it 2× “Fla. Stat. § 20.05 (l)(a). Those functions include establishing the official form for death certificates, which must include the decedent’s “marital status.”

ABC Charters, Inc. v. Bronson, 591 F. Supp. 2d 1272 (S.D. Fla. 2008). · cites it 2× “In his official capacity as Commissioner of the Florida Department of Agriculture and Consumer Services, Defendant Bronson has the authority to execute the powers, duties, and functions vested in the Department.”

Shadler v. State, 761 So. 2d 279 (Fla. 2000). · cites it 2× “006, the Department as a whole is subject to section 20.05(1), Florida Statutes (1997), which provides: Each head of a department, except as otherwise provided by law, must: (a) Plan, direct, coordinate, and execute the powers, duties, and functions vested in that department or…”

Sheffield v. Dep't of High. Saf. & Motor Vehs., 356 So. 2d 353 (Fla. 1st DCA 1978). · cites it 5× “-24(1)), who have employed an executive director to serve at its pleasure as provided by § 20.05(7). The Department is composed of four divisions, including the Division of the Florida Highway Patrol (§ 20.”

State Ex Rel. Shevin v. Yarborough, 257 So. 2d 891 (Fla. 1972). · cites it 2× “The representation of the State as a consumer, to the ultimate benefit of the people, is a proper function of the Attorney General and he has authority under Fla. Stat. § 20.05 (6), F.S.A., to accept gifts, etc.”

McCulley Ford, Inc. v. Calvin, 308 So. 2d 189 (Fla. 1st DCA 1974). · cites it 2× “24) The heads of the various departments of government are granted powers and duties by F.S. 20.05. One of those powers is to employ an "executive director".”

Kizar v. Wittenberg, 398 So. 2d 1002 (Fla. 5th DCA 1981). · cites it 4× “-227(3), Florida Statutes (1979), which says in part that “the department [of Professional Regulation] may file a proceeding in the name of the state seeking issuance of an injunction .”

Florida Med. Ass'n v. Dep't of Health, Educ. & Welfare, 479 F. Supp. 1291 (M.D. Fla. 1979). “O’Reilly, Federal Information Disclosure, § 20.05 (1977). The predicted rejection by the courts of OMB’s distinction between an individual’s personal information and his economic (or entrepreneurial) information, came true in Zeller v.”

Harris v. Florida Real Est. Com'n, 358 So. 2d 1123 (Fla. 1st DCA 1978). “While Section 20.05(1)(b) grants authority to department heads to delegate any power, duty or function "unless the head of the department is explicitly required by law to perform the same without delegation .”

Wong v. Calvin, 87 F.R.D. 145 (N.D. Fla. 1980). “See, §§ 20.05(1) and 20.24(2)(c) 1, Fla.Stat. (1977); 15 F.”

James Farmer v. State of Florida, 268 So. 3d 1009 (Fla. 1st DCA 2019). “§ 20.05.171 (2018); Ariz. Stat. Ann. § 25-102 (2018); Ark.”

Show all 18 citing cases →

— 20.05(1) — 3 cases

Shadler v. State, 761 So. 2d 279 (Fla. 2000). “006, the Department as a whole is subject to section 20.05(1), Florida Statutes (1997), which provides: Each head of a department, except as otherwise provided by law, must: (a) Plan, direct, coordinate, and execute the powers, duties, and functions vested in that department or…”

Wong v. Calvin, 87 F.R.D. 145 (N.D. Fla. 1980). “See, §§ 20.05(1) and 20.24(2)(c) 1, Fla.Stat. (1977); 15 F.”

Biscayne Kennel Club, Inc. v. Bd. of Bus. Reg., 239 So. 2d 53 (Fla. 3d DCA 1970).

— 20.05(1)(b) — 1 case

— 20.05(5) — 1 case

Pahokee Farms, Inc. v. Bd. of Trs. of the Internal Improvement Trust Fund, 20 Fla. Supp. 2d 222 (Fla. Div. Admin. Hr'g 1985).

— 20.05(7) — 2 cases

McCulley Ford, Inc. v. Calvin, 308 So. 2d 189 (Fla. 1st DCA 1974). “24) The heads of the various departments of government are granted powers and duties by F.S. 20.05. One of those powers is to employ an "executive director".”

Sheffield v. Dep't of High. Saf. & Motor Vehs., 356 So. 2d 353 (Fla. 1st DCA 1978). “-24(1)), who have employed an executive director to serve at its pleasure as provided by § 20.05(7). The Department is composed of four divisions, including the Division of the Florida Highway Patrol (§ 20.”

— 20.05(l)(a) — 2 cases

ABC Charters, Inc. v. Bronson, 591 F. Supp. 2d 1272 (S.D. Fla. 2008). “In his official capacity as Commissioner of the Florida Department of Agriculture and Consumer Services, Defendant Bronson has the authority to execute the powers, duties, and functions vested in the Department.”

Whiley v. Scott, 79 So. 3d 702 (Fla. 2011). “Section 20.05, Florida Statutes (2010), provides in pertinent part that “(1) Each head of a department, except as otherwise provided by law, must: .”

— 20.05(l)(b) — 2 cases

Pahokee Farms, Inc. v. Bd. of Trs. of the Internal Improvement Trust Fund, 20 Fla. Supp. 2d 222 (Fla. Div. Admin. Hr'g 1985).

— 20.05(l)(e) — 1 case

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