Florida Statute 20.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IV
EXECUTIVE BRANCH

Chapter 20
ORGANIZATIONAL STRUCTURE

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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.

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Amendments to 20.05

Annotations, Discussions, Cases:

Cases Citing Statute 20.05

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The 2025 Florida Statutes

Annotations, Discussions, Cases:

Cases Citing Statute 20.05

Dep't of Legal Affairs v. Rogers, 329 So. 2d 257 (Fla. 1976).

BellSouth Telecomm., Inc. v. Town of Palm Beach, 252 F.3d 1169 (11th Cir. 2001).

Mount Sinai Hosp. of Greater Miami, Inc. v. Weinberger, 376 F. Supp. 1099 (S.D. Fla. 1974).

Florida Med. Ass'n v. Dep't of Health, Educ. & Welfare, 479 F. Supp. 1291 (M.D. Fla. 1979).

Rawls v. Ziegler, 107 So. 2d 601 (Fla. 1958).

Shadler v. State, 761 So. 2d 279 (Fla. 2000).

Mexico Beach Corp. v. St. Joe Paper Co., 97 So. 2d 708 (Fla. 1st DCA 1957).

State Ex Rel. Shevin v. Yarborough, 257 So. 2d 891 (Fla. 1972).

McCulley Ford, Inc. v. Calvin, 308 So. 2d 189 (Fla. 1st DCA 1974).

BellSouth Telecomm., Inc. v. City of Coral Springs, 42 F. Supp. 2d 1304 (S.D. Fla. 1999).

Harris v. Florida Real Est. Com'n, 358 So. 2d 1123 (Fla. 1st DCA 1978).

ABC Charters, Inc. v. Bronson, 591 F. Supp. 2d 1272 (S.D. Fla. 2008).

Whiley v. Scott, 79 So. 3d 702 (Fla. 2011).

White Constr. Co. Inc. v. Div. of Admin., Etc., 281 So. 2d 194 (Fla. 1973).

Kawasaki of Tampa, Inc. v. Calvin, 348 So. 2d 897 (Fla. 1st DCA 1977).

BRASS & SINGER v. United Auto. Ins. Co., 919 So. 2d 473 (Fla. 3d DCA 2005).

Brenner v. Scott, 999 F. Supp. 2d 1278 (N.D. Fla. 2014).

Bellsouth Telecomm. v. Town of Palm Beach, 252 F.3d 1169 (11th Cir. 2001).

James Farmer v. State of Florida, 268 So. 3d 1009 (Fla. 1st DCA 2019).

Ago (Fla. Att'y Gen. 1981).

Kizar v. Wittenberg, 398 So. 2d 1002 (Fla. Dist. Ct. App. 1981).

Sheffield v. Dep't of High. Saf. & Motor Vehs., 356 So. 2d 353 (Fla. Dist. Ct. App. 1978).

Ago (Fla. Att'y Gen. 1977).

Ago (Fla. Att'y Gen. 1976).

Starchk v. Wittenberg, 392 So. 2d 1007 (Fla. Dist. Ct. App. 1981).

Ago (Fla. Att'y Gen. 1974).

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

City of Sarasota v. 35 S. LEMON INC., 722 So. 2d 268 (Fla. 2d DCA 1998).

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

Florida Comm'n on Human Relations v. Parrish Mgmt., Inc., 682 So. 2d 159 (Fla. Dist. Ct. App. 1996).

Ago (Fla. Att'y Gen. 1978).