Florida Statute 20.5 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IV
EXECUTIVE BRANCH

Chapter 20
ORGANIZATIONAL STRUCTURE

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F.S. 20.05

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.

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F.S. 20.05 on CourtListener

Amendments to 20.05

Annotations, Discussions, Cases:

Cases Citing Statute 20.05

Total Results: 31

Department of Legal Affairs v. Rogers

329 So. 2d 257

Supreme Court of Florida | Filed: Feb 25, 1976 | Docket: 380471

Cited 38 times | Published

contained in chapter 19.89 [RCW]. [1961 c. 216 § 20]." [5] Docket No. C-2312. Decision and Order In

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

regulate these matters in the future. Section 20-5. Protection of the City and Residents:

Mount Sinai Hospital of Greater Miami, Inc. v. Weinberger

376 F. Supp. 1099, 1974 U.S. Dist. LEXIS 12366

District Court, S.D. Florida | Filed: Feb 6, 1974 | Docket: 1359076

Cited 22 times | Published

(1954). [70] See generally Davis, supra note 38, § 20.05. It is only in a loose sense that exhaustion creates

Shadler v. State

761 So. 2d 279, 2000 WL 12841

Supreme Court of Florida | Filed: Jan 6, 2000 | Docket: 1299977

Cited 17 times | Published

006, the Department as a whole is subject to section 20.05(1), Florida Statutes (1997), which provides:

Florida Medical Ass'n v. Department of Health, Education & Welfare

479 F. Supp. 1291, 1979 U.S. Dist. LEXIS 9021

District Court, M.D. Florida | Filed: Oct 22, 1979 | Docket: 2518753

Cited 17 times | Published

pursuits. O'Reilly, Federal Information Disclosure, § 20.05 (1977). The predicted rejection by the courts of

Rawls v. Ziegler

107 So. 2d 601

Supreme Court of Florida | Filed: Oct 10, 1958 | Docket: 1336117

Cited 17 times | Published

881. Harper & James, in The Law of Torts, Vol. 2, § 20.5, p. 1143, state the rule as follows: "If the likelihood

State Ex Rel. Shevin v. Yarborough

257 So. 2d 891, 93 P.U.R.3d 401

Supreme Court of Florida | Filed: Jan 26, 1972 | Docket: 1287034

Cited 16 times | Published

General and he has authority under Fla. Stat. § 20.05(6), F.S.A., to accept gifts, etc., for the purpose

Mexico Beach Corporation v. St. Joe Paper Company

97 So. 2d 708

District Court of Appeal of Florida | Filed: Nov 5, 1957 | Docket: 1512701

Cited 16 times | Published

Book II, § 70. [4] Institutes, Book II, title 1, § 20. [5] Gifford v. Lord Yarborough, 5 Bing. 163; Re

McCulley Ford, Inc. v. Calvin

308 So. 2d 189

District Court of Appeal of Florida | Filed: Dec 31, 1974 | Docket: 2298572

Cited 11 times | Published

duties by F.S. 20.05. One of those powers is to employ an "executive director". (F.S. 20.05(7). It is

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

regulation of the management of the rights-of-way. Section 20-5. Protection of the City and residents: This

Harris v. Florida Real Estate Com'n

358 So. 2d 1123

District Court of Appeal of Florida | Filed: May 5, 1978 | Docket: 1311952

Cited 9 times | Published

responsible for final agency action. While Section 20.05(1)(b) grants authority to department heads to

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

Governor or the Executive Office of the Governor. See § 20.05(l)(a), (e), Fla. Stat. (2010). In this case, Executive

ABC Charters, Inc. v. Bronson

591 F. Supp. 2d 1272, 2008 U.S. Dist. LEXIS 80091, 2008 WL 4500352

District Court, S.D. Florida | Filed: Oct 1, 2008 | Docket: 2544229

Cited 4 times | Published

duties, and functions vested in the Department. Section 20.05(1)(a), Florida Statutes. Accordingly, he has

Kawasaki of Tampa, Inc. v. Calvin

348 So. 2d 897

District Court of Appeal of Florida | Filed: Aug 18, 1977 | Docket: 1761157

Cited 3 times | Published

order of determination." Respondents contend that § 20.05, Florida Statutes (1975), grants to the Department

White Construction Co. Inc. v. Division of Admin., Etc.

281 So. 2d 194

Supreme Court of Florida | Filed: Jul 25, 1973 | Docket: 1261680

Cited 3 times | Published

transportation." (emphasis supplied) Subsection (1) of Section 20.05, Florida Statutes, specifically provides that:

Brenner v. Scott

999 F. Supp. 2d 1278, 2014 WL 4113100

District Court, N.D. Florida | Filed: Aug 21, 2014 | Docket: 65997719

Cited 2 times | Published

and functions” of the department. Fla. Stat. § 20.05(l)(a). Those functions include establishing the

BRASS & SINGER v. United Auto. Ins. Co.

919 So. 2d 473, 2005 Fla. App. LEXIS 14833, 2005 WL 2293568

District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 1678637

Cited 2 times | Published

Philip J. Padovano, Florida Appellate Practice § 20.5 (2005); Tracy Raffles Gunn, Attorneys' Fees on

James Farmer v. State of Florida

268 So. 3d 1009

District Court of Appeal of Florida | Filed: Apr 29, 2019 | Docket: 15013083

Cited 1 times | Published

6 See Ala. Code § 30-1-5 (2018); Alaska Stat. § 20.05.171 (2018); Ariz. Stat. Ann. § 25-102 (2018); Ark

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

regulate these matters in the future. Section 20-5. Protection of the City and Residents: Under

City of Sarasota v. 35 S. LEMON INC.

722 So. 2d 268, 1998 WL 879207

District Court of Appeal of Florida | Filed: Dec 18, 1998 | Docket: 1241732

Published

CAMPBELL and CASANUEVA, JJ., Concur. NOTES [1] Section 20-5 of the Noise Ordinance defines unreasonable

Florida Commission on Human Relations v. Parrish Management, Inc.

682 So. 2d 159, 1996 Fla. App. LEXIS 8644, 69 Empl. Prac. Dec. (CCH) 44,290, 1996 WL 464146

District Court of Appeal of Florida | Filed: Aug 15, 1996 | Docket: 64768653

Published

complaint, and therefore, is not delegable under section 20.05, Florida Statutes (1993). I would affirm the

Ago

Florida Attorney General Reports | Filed: Sep 16, 1981 | Docket: 3255141

Published

Volume 1, Part One, Laws of Florida, 1979. Section 20.05(1)(a), F.S., provides that each head of a department

Kizar v. Wittenberg

398 So. 2d 1002, 1981 Fla. App. LEXIS 19904

District Court of Appeal of Florida | Filed: May 20, 1981 | Docket: 64582836

Published

regulated professions. She also contends that section 20.05, Florida Statutes (1979), gives her, as Secretary

Starchk v. Wittenberg

392 So. 2d 1007, 1981 Fla. App. LEXIS 18750

District Court of Appeal of Florida | Filed: Jan 23, 1981 | Docket: 64579839

Published

state seeking issuance of an injunction ....” Section 20.05, Florida Statutes (1979), provides that each

Ago

Florida Attorney General Reports | Filed: Apr 13, 1978 | Docket: 3256914

Published

legislatively transferred to and created in Ch. 20. Section 20.05(5), F. S. In this regard, it would appear that

Sheffield v. Department of Highway Safety & Motor Vehicles

356 So. 2d 353, 1978 Fla. App. LEXIS 15481

District Court of Appeal of Florida | Filed: Mar 7, 1978 | Docket: 64563391

Published

director to serve at its pleasure as provided by § 20.05(7). The Department is composed of four divisions

Ago

Florida Attorney General Reports | Filed: Jun 9, 1977 | Docket: 3256271

Published

Governor subject to confirmation by the Senate. Section 20.05(1)(a), F. S., provides that each head of a department

Ago

Florida Attorney General Reports | Filed: Jun 2, 1976 | Docket: 3255660

Published

in s. 11(3) of Ch. 75-48, Laws of Florida. Section 20.05(5), F. S., grants authority to the head of the

Huber Distributing Co. v. National Distributing Co.

307 So. 2d 176, 1974 Fla. LEXIS 4002

Supreme Court of Florida | Filed: Dec 4, 1974 | Docket: 64544033

Published

responsibility in this regard is further bolstered by Section 20.-5(1) of the Florida Statutes which sets forth

Ago

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

Published

of Revenue is the governor and the cabinet. Section 20.05 provides that the head of the department shall

Biscayne Kennel Club, Inc. v. Board of Business Regulation

239 So. 2d 53, 1970 Fla. App. LEXIS 5713

District Court of Appeal of Florida | Filed: Aug 31, 1970 | Docket: 64516396

Published

also vested in the Board by such statute (F.S. § 20.05(1), F.S.A.). Under the applicable statute the Board