Florida Statutes

Fla. Stat. § 20.06 (2025)

Method of reorganization.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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20.06 Method of reorganization.The executive branch of state government shall be reorganized by transferring the specified agencies, programs, and functions to other specified departments, commissions, or offices. Such a transfer does not affect the validity of any judicial or administrative proceeding pending on the day of the transfer, and any agency or department to which are transferred the powers, duties, and functions relating to the pending proceeding must be substituted as a party in interest for the proceeding. The transfers provided herein are intended to supplement but not supplant the requirements of s. 6, Art. III of the State Constitution. The definitions provided in s. 20.03 apply to this section, and the types of transfers are defined as follows:
(1) TYPE ONE TRANSFER.A type one transfer is the transferring intact of an existing agency or department so that the agency or department becomes a unit of another agency or a department. Any agency or department transferred to another agency or department by a type one transfer will exercise its powers, duties, and functions as prescribed by law, subject to review and approval by, and under the direct supervision of, the head of the agency or department to which the transfer is made, unless otherwise provided by law. Any agency or department transferred by a type one transfer has all its statutory powers, duties, and functions, and its records, personnel, property, and unexpended balances of appropriations, allocations, or other funds transferred to the agency or department to which it is transferred. The transfer of segregated funds must be made in such manner that the relation between program and revenue source as provided by law is retained. Unless otherwise provided by law, the administrative rules of any agency or department involved in the transfer which are in effect immediately before the transfer remain in effect until specifically changed in the manner provided by law.
(2) TYPE TWO TRANSFER.A type two transfer is the merging into another agency or department of an existing agency or department or a program, activity, or function thereof or, if certain identifiable units or subunits, programs, activities, or functions are removed from the existing agency or department, or are abolished, it is the merging into an agency or department of the existing agency or department with the certain identifiable units or subunits, programs, activities, or functions removed therefrom or abolished.
(a) Any agency or department or a program, activity, or function thereof transferred by a type two transfer has all its statutory powers, duties, and functions, and its records, personnel, property, and unexpended balances of appropriations, allocations, or other funds, except those transferred elsewhere or abolished, transferred to the agency or department to which it is transferred, unless otherwise provided by law. The transfer of segregated funds must be made in such a manner that the relation between program and revenue source as provided by law is retained.
(b) Unless otherwise provided by law, the head of the agency or department to which an existing agency or department or a program, activity, or function thereof is transferred is authorized to establish units or subunits to which the agency or department is assigned, and to assign administrative authority for identifiable programs, activities, or functions, to the extent authorized in this chapter.
(c) Unless otherwise provided by law, the administrative rules of any agency or department involved in the transfer which are in effect immediately before the transfer remain in effect until specifically changed in the manner provided by law.
History.s. 6, ch. 69-106; s. 1, ch. 79-36; s. 12, ch. 94-235.
Notes of Decisions
Cited in 8 cases, 1970–2015 · leading case: Jan M. Tuveson v. Florida Governor's Council on Indian Affairs, Inc., a Florida Corp. & an Agency of the State of Florida, 734 F.2d 730 (11th Cir. 1984).
Jan M. Tuveson v. Florida Governor's Council on Indian Affairs, Inc., a Florida Corp. & an Agency of the State of Florida, 734 F.2d 730 (11th Cir. 1984). “” Fla. Stat.Ann. § 20.06(4). Also instructive on the issue of the Council’s status under state law, is the state court decision in Florida Governor’s Council on Indian Affairs v.”
Goldberg v. Nat'l Union Fire Ins., 143 F. Supp. 3d 1283 (S.D. Fla. 2015). “Coverage Disputes, § 20.06], at 1615-161 (16th ed.) (collecting cases).”
Dickinson v. Stone, 251 So. 2d 268 (Fla. 1971). · cites it 2× “Thereunder, by a type three transfer (F.S. § 20.06(3), F.S.A.), the Division of Electronic Data Processing established by Chapter 23, Part II, in 1967 was transferred to the Department of General Services (F.”
Brown v. Florida Unemployment Appeals Comm'n, 81 So. 3d 646 (Fla. 1st DCA 2012). · cites it 2× “…WOLF and PADOVANO, JJ., concur. Now, the Division of Workforce Services, Department of Economic Opportunity. See § 20.06, Fla. Stat. (2011).”
Chase Fed. Sav. & Loan Ass'n v. Chase Manhattan Fin. Servs. Inc., 681 F. Supp. 771 (S.D. Fla. 1987). “3A Callman, supra, § 20.06, at 22 (citations omitted). It is not completely clear that the confusion evidence adduced by Plaintiff is helpful to Plaintiff’s case.”
Florida Dep't of Nat. Resources v. Florida Game & Fresh Water Fish Comm'n, 342 So. 2d 495 (Fla. 1977). · cites it 4× “A type one transfer is defined by Section 20.06, subsection (1), Florida Statutes, as follows: “(1) Type One (1) Transfer.”
Biscayne Kennel Club, Inc. v. Bd. of Bus. Reg., 239 So. 2d 53 (Fla. 3d DCA 1970). · cites it 2× “, the transfer of the former State Racing Commission to the Division of Pari-Mutuel Wagering, a division of the Board of Business Regulation, is designated as a type one transfer, F.S. § 20.06(1), F.S.A. wherein it is provided that such agency shall henceforth “exercise its…”
State Ex Rel. Pettigrew v. Kirk, 243 So. 2d 147 (Fla. 1970). “section 20.06(3), F.S.A., discloses the Department of Business Regulations has such statutory control of the subject matter involved in this litigation for it to be named the proper respondent.”
— 20.06(1) — 2 cases
Florida Dep't of Nat. Resources v. Florida Game & Fresh Water Fish Comm'n, 342 So. 2d 495 (Fla. 1977). “A type one transfer is defined by Section 20.06, subsection (1), Florida Statutes, as follows: “(1) Type One (1) Transfer.”
Biscayne Kennel Club, Inc. v. Bd. of Bus. Reg., 239 So. 2d 53 (Fla. 3d DCA 1970). “, the transfer of the former State Racing Commission to the Division of Pari-Mutuel Wagering, a division of the Board of Business Regulation, is designated as a type one transfer, F.S. § 20.06(1), F.S.A. wherein it is provided that such agency shall henceforth “exercise its…”
— 20.06(3) — 2 cases
Dickinson v. Stone, 251 So. 2d 268 (Fla. 1971). “Thereunder, by a type three transfer (F.S. § 20.06(3), F.S.A.), the Division of Electronic Data Processing established by Chapter 23, Part II, in 1967 was transferred to the Department of General Services (F.”
State Ex Rel. Pettigrew v. Kirk, 243 So. 2d 147 (Fla. 1970). “section 20.06(3), F.S.A., discloses the Department of Business Regulations has such statutory control of the subject matter involved in this litigation for it to be named the proper respondent.”
— 20.06(4) — 1 case
Jan M. Tuveson v. Florida Governor's Council on Indian Affairs, Inc., a Florida Corp. & an Agency of the State of Florida, 734 F.2d 730 (11th Cir. 1984). “” Fla. Stat.Ann. § 20.06(4). Also instructive on the issue of the Council’s status under state law, is the state court decision in Florida Governor’s Council on Indian Affairs v.”
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