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Florida Statute 20.03 - Full Text and Legal Analysis
Florida Statute 20.03 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title IV
EXECUTIVE BRANCH
Chapter 20
ORGANIZATIONAL STRUCTURE
View Entire Chapter
20.03 Definitions.—To provide uniform nomenclature throughout the structure of the executive branch, the following definitions apply:
(1) “Agency,” as the context requires, means an official, officer, commission, authority, council, committee, department, division, bureau, board, section, or another unit or entity of government.
(2) “Board of trustees,” except with reference to the board created in chapter 253, means a board created by specific statutory enactment and appointed to function adjunctively to a department, the Governor, or the Executive Office of the Governor to administer public property or a public program.
(3) “Cabinet” means collectively the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture, as specified in s. 4, Art. IV of the State Constitution.
(4) “Commission,” unless otherwise required by the State Constitution, means a body created by specific statutory enactment within a department, the office of the Governor, or the Executive Office of the Governor and exercising limited quasi-legislative or quasi-judicial powers, or both, independently of the head of the department or the Governor.
(5) “Committee” or “task force” means an advisory body created without specific statutory enactment for a time not to exceed 1 year or created by specific statutory enactment for a time not to exceed 3 years and appointed to study a specific problem and recommend a solution or policy alternative with respect to that problem. Its existence terminates upon the completion of its assignment.
(6) “Coordinating council” means an interdepartmental advisory body created by law to coordinate programs and activities for which one department has primary responsibility but in which one or more other departments have an interest.
(7) “Council” or “advisory council” means an advisory body created by specific statutory enactment and appointed to function on a continuing basis for the study of the problems arising in a specified functional or program area of state government and to provide recommendations and policy alternatives.
(8) “Department” means the principal administrative unit within the executive branch of state government.
(9) “Examining and licensing board” means a board authorized to grant and revoke licenses to engage in regulated occupations.
(10) “Executive director” means the chief administrative employee or officer of a department headed by a board or by the Governor and the Cabinet.
(11) “Head of the department” means the individual under whom or the board under which direct administration of the department is placed by statute. Where direct administration of a department is placed under an officer or board appointed by and serving at the pleasure of the Governor, that officer or board remains subject to the Governor’s supervision and direction.
(12) “Secretary” means an individual who is appointed by the Governor to head a department and who is not otherwise named in the State Constitution.
(13) “To serve at the pleasure” means the appointee serves in the office until removed by the appointing authority. Consistent with the allotment of executive authority under ss. 1 and 6, Art. IV of the State Constitution, an appointee serving at the pleasure of the appointing authority generally remains subject to the direction and supervision of the appointing authority.
History.—s. 3, ch. 69-106; s. 2, ch. 82-46; s. 5, ch. 83-217; s. 2, ch. 94-235; s. 3, ch. 2000-258; s. 5, ch. 2012-116; s. 8, ch. 2023-8.

F.S. 20.03 on Google Scholar

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Amendments to 20.03


Annotations, Discussions, Cases:

Cases Citing Statute 20.03

Total Results: 33  |  Sort by: Relevance  |  Newest First

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United States v. Lockley, 632 F.3d 1238 (11th Cir. 2011).

Cited 153 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 2781, 2011 WL 476875

(quoting Wayne LeFave, Substantive Criminal Law § 20.3 intro., (d)(2) (2d ed.2003) (alteration in original))
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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).

Cited 56 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 21448, 35 Fair Empl. Prac. Cas. (BNA) 264, 34 Empl. Prac. Dec. (CCH) 34, 453

...for the educational economic, social and cultural advancement of the Indian people within the State of Florida.” Exec. Order No. 74-23 (1974). At the time of its creation, the Council fit the definition of an executive branch council. 1 Fla.Stat. § 20.03(7) (1979). That statutory definition has since been amended, *733 however, and the Council no longer comes within it. 2 Fla.Stat.Ann. § 20.03(7)....
...purposes. Miller-Davis Co. v. Illinois Southern Toll Highway Authority, 567 F.2d 323, 330 (7th Cir.1977) (Eleventh Amendment immunity is a matter of federal law). Second, and most significant, the Council lost in state court. REVERSED. 1 . Fla.Stat. § 20.03(7) (1979): " ‘Council’ means an advisory body appointed to function on a continuing basis for the study of problems arising in a specified functional or program area of state government and the recommendation of solutions and policy alternatives.” 2 . Fla.Stat.Ann. § 20.03(7): " 'Council' means an advisory body created by specific statutory enactment and appointed to function on a continuing basis for the study of the problems arising in a specified functional or program area of state government and to provide recommendations and policy alternatives.” (emphasis added)....
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Krause v. Reno, 366 So. 2d 1244 (Fla. 3d DCA 1979).

Cited 56 times | Published | Florida 3rd District Court of Appeal | 4 Media L. Rep. (BNA) 2102

...any state, county, district, authority, or municipal officer, department, division, board, bureau, commission or other separate unit of government created or established by law and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency." Section 20.03(11), Florida Statutes (1977), of the Government Reorganization Act defines "agency" to include "......
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Miccosukee Tribe Of Indians Of Florida v. Florida State Athletic Comm'n, 226 F.3d 1226 (11th Cir. 2000).

Cited 34 times | Published | Court of Appeals for the Eleventh Circuit

...to Eleventh Amendment Immunity. 16 1.Characterization of the Florida Commission under State Law 17 Florida law clearly characterizes the Florida Commission as a state agency. Florida law defines an agency as, inter alia, a commission. See Fla. Stat. 20.03(11) (" 'Agency,' as the context requires, means a[ ] ......
...Florida law, in turn, defines a "commission" as "a body created by specific statutory enactment within a department ... and exercising limited quasi-legislative or quasi-judicial powers, or both, independently of the head of the department or the Governor." Fla. Stat. 20.03(10)....
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BellSouth Telecomm., Inc. v. Town of Palm Beach, 252 F.3d 1169 (11th Cir. 2001).

Cited 27 times | Published | Court of Appeals for the Eleventh Circuit | 2001 U.S. App. LEXIS 10837, 2001 WL 567711

prohibition of franchises in § 337.401(3)(a). Section 20-3 states that the occupancy fee, however, “is
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Fla. Exp. Tobacco v. Dept. of Revenue, 510 So. 2d 936 (Fla. 1st DCA 1987).

Cited 20 times | Published | Florida 1st District Court of Appeal

exclusive jurisdiction language of Article V, Section 20(3), to applications for refunds, wherein the Comptroller
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Bruce Wright v. City of St. Petersburg, Florida, 833 F.3d 1291 (11th Cir. 2016).

Cited 18 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 14957, 2016 WL 4269796

That challenge misses its mark because Ordinance § 20-3 0(g) does not prohibit conduct or impose punishment
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Lapides v. Bd. of Regents of the Univ. Sys. of Georgia, 251 F.3d 1372 (11th Cir. 2001).

Cited 14 times | Published | Court of Appeals for the Eleventh Circuit | 2001 U.S. App. LEXIS 10649, 81 Empl. Prac. Dec. (CCH) 40, 766, 2001 WL 561352

immunity to the Board of Regents. See O.C.G.A. § 20-3-36. However, with respect to the Georgia Tort Claims
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Stazenski v. Tennant Co., 617 So. 2d 344 (Fla. 1st DCA 1993).

Cited 12 times | Published | Florida 1st District Court of Appeal | 1993 WL 107064

Harper, F. James and O. Gray, The Law of Torts § 20.3 (2d ed. 1986); 5 S. Speiser, C. Krause and A. Gans
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Yost v. Am. Nat. Bank, 570 So. 2d 350 (Fla. 1st DCA 1990).

Cited 11 times | Published | Florida 1st District Court of Appeal | 1990 WL 157754

1972); Trawick, Florida Practice and Procedure, § 20-3 (1985). Although a severance for separate trial
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BellSouth Telecomm., Inc. v. City of Coral Springs, 42 F. Supp. 2d 1304 (S.D. Fla. 1999).

Cited 10 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 1808, 1999 WL 149769

rights-of-way. City of Dallas, 8 F.Supp.2d 582, 592-93. Section 20-3. Compensation Required: This section clearly
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Dept. of Prof'l Reg. v. Hall, 398 So. 2d 978 (Fla. 1st DCA 1981).

Cited 5 times | Published | Florida 1st District Court of Appeal

...Willis, 344 So.2d 580 (Fla. 1st DCA 1977); School Board of Leon County v. Mitchell, 346 So.2d 562 (Fla. 1st DCA 1977). Although the Department of Professional Regulation nominally is one of the firstrank administrative units of the executive branch, Section 20.03(2), headed by a Secretary with powers ostensibly not unlike the broad powers of other department heads, Sections 20.05, 20.30, the Department and its Secretary in fact are without general supervisory authority over boards within the dep...
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Saf. HARBOR v. Commc'ns Workers, 715 So. 2d 265 (Fla. 1st DCA 1998).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1998 WL 101352

Comp. Stat. 315/3(m) (West 1997); Iowa Code Ann. § 20.3(9)(1997); Kan. Stat. Ann. § 75-4322(d)(1996); Me
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Manganelli v. Covington, 114 So. 2d 320 (Fla. 3d DCA 1959).

Cited 5 times | Published | Florida 3rd District Court of Appeal

Torts, § 45, p. 230; 2 Harper & James, Torts, § 20.3, p. 1124. Therefore, the only claim of the plaintiff
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Whiley v. Scott, 79 So. 3d 702 (Fla. 2011).

Cited 4 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 451, 2011 Fla. LEXIS 1900, 2011 WL 3568804

...(e) [s]ubject 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;....” § 20.05(l)(e), Fla. Stat. (2010). "Department” is the principal administrative unit of or within the executive branch, §§ 20.03(2) and 20.04(1), and "the individual or board in charge of the department” is the "[h]ead of the department.” § 20.03(4)....
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Aguila v. Corp. Caterers II, Inc., 199 F. Supp. 3d 1358 (S.D. Fla. 2016).

Cited 3 times | Published | District Court, S.D. Florida | 2016 WL 4196656, 2016 U.S. Dist. LEXIS 104962

not the employer has taken a tip credit under section [20]3(m) of the FLSA. The employer is prohibited from
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Wernle v. Bellemead Dev. Corp., 308 So. 2d 97 (Fla. 1975).

Cited 2 times | Published | Supreme Court of Florida

established by the *104 Constitution, Article IV, Section 20.[3] Finally, under the authority of these chapters
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Bellsouth Telecomm. v. Town of Palm Beach, 252 F.3d 1169 (11th Cir. 2001).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit

13 Section 20-3. Compensation Required: This section requires
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Miccosukee Tribe of Indians v. Florida State Athletic Comm'n, 226 F.3d 1226 (11th Cir. 2000).

Published | Court of Appeals for the Eleventh Circuit | 2000 WL 1288675

...mendment Immunity. 1. Characterization of the Florida Commission under State Law Florida law clearly characterizes the Florida Commission as a state agency. Florida law defines an agency as, inter alia, a commission. See Fla. Stat. § 20.03(11) (" 'Agency,' as the context requires, means a[ ] ......
...Florida law, in turn, defines a "commission" as "a body created by specific statutory enactment within a department ... and exercising limited quasi-legislative or quasi-judicial powers, or both, independently of the head of the department or the Governor." Fla. Stat. § 20.03(10)....
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Miccosukee Tribe v. Florida State Athletic Comm. (11th Cir. 2000).

Published | Court of Appeals for the Eleventh Circuit

...thereby entitling it to Eleventh Amendment Immunity. 1. Characterization of the Florida Commission under State Law Florida law clearly characterizes the Florida Commission as a state agency. Florida law defines an agency as, inter alia, a commission. See Fla. Stat. § 20.03(11) (“‘Agency,’ as the context requires, means a[] ....
...c statutory enactment within a department . . . and exercising limited quasi- legislative or quasi-judicial powers, or both, independently of the head of the 11 department or the Governor.” Fla. Stat. § 20.03(10)....
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Fhr Tb, LLC v. Tb Isle Resort, Lp., 865 F. Supp. 2d 1172 (S.D. Fla. 2011).

Published | District Court, S.D. Florida | 2011 WL 4914715, 2011 U.S. Dist. LEXIS 155752

internal laws of the State of New York. (HMA, p. 59, § 20.3, Pltfs’ Ex. 1; DE# 9-1, p. 15). While New York
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Ago (Fla. Att'y Gen. 1996).

Published | Florida Attorney General Reports

...Education although the statute provides that it "shall be a not-for-profit corporation acting as an instrumentality of the state[.]" 5 Subsection (6) of the statute provides that the not-for-profit corporation is not an agency within the meaning of section 20.03 (11), Florida Statutes....
...Const., vesting the judicial power of the state in a supreme court, district courts of appeal, circuit courts and county courts. And see , Ops. Att'y Gen. Fla. 75-153 (1975) and 80-16 (1980). 4 See, Ch. 94-209, Laws of Florida. 5 Section 39.085(1), Fla. Stat. 6 Section 20.03 (11), Fla....
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Ago (Fla. Att'y Gen. 2002).

Published | Florida Attorney General Reports

...n section 112.313 , Florida Statutes. The council serves in an advisory capacity to the State Board of Administration pursuant to Chapter 20 , Florida Statutes, which sets forth organizational structure of the executive branch of state government. 5 Section 20.03 (7), Florida Statutes, defines "Council" or "advisory council" for purposes of Chapter 20 as "an advisory body created by specific statutory enactment and appointed to function on a continuing basis for the study of the problems arising...
...(9)(a), Florida Statutes. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 768.28 (5), Fla. Stat. 2 See , s. 768.28 (2), Fla. Stat. 3 Section 215.444 (1), Fla. Stat. 4 Section 215.444 (2), Fla. Stat. 5 See, s. 20.28 , Fla. Stat. 6 Section 20.03 (11), Fla....
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Ago (Fla. Att'y Gen. 1998).

Published | Florida Attorney General Reports

Opinion 86-105 (1986). 12 See, n. 10, supra. 13 Section 20-3, City of Cape Coral Code of Ordinances.
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Stewart J. Smith v. United States (11th Cir. 2021).

Published | Court of Appeals for the Eleventh Circuit

and their dependents and survivors.” 38 C.F.R. § 20.3(e).
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Am. Sec. Ass'n v. U.S. Sec. & Exch. Comm'n (11th Cir. 2025).

Published | Court of Appeals for the Eleventh Circuit

Argued: Feb 3, 2025

Pierce, Jr., Admin- istrative Law Treatise § 20.3 (7th ed. 2025). For example, vacatur is
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Toyota Tsusho Am., Inc. v. Crittenden, 736 So. 2d 754 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 8921, 1999 WL 445806

judgment pursuant to Tennessee Code Annotated, section 20-3-101(a) (1998). In the same action Toyota also
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Ago (Fla. Att'y Gen. 1974).

Published | Florida Attorney General Reports

...73-172 therefore indicates that the word department as it is used in s. 9 of the act is intended to refer not to the executive director of the department nor to any specific sub-unit thereof, but to the department as a legal entity, and to the governor and cabinet as the head of the department in charge thereof. See ss. 20.03 (2), (4), and (6), 20.05 , and 20.21 , F.S. This conclusion is further buttressed by a comparison of other statutes which are in pari materia with Ch. 73-172, supra. Sections 20.03 , 20.05 , and 20.21 , F.S., are in pari materia since they deal with the head of the Department of Revenue, its powers, duties, and functions, and the executive director of the department....
...Section 20.05 provides that the head of the department shall direct and execute the powers, duties, and functions vested in the department or vested in any bureau or division thereof. Section 20.05 (7) provides for the employment of an executive director by the head of the department to serve at its pleasure. Section 20.03 (6) defines the executive director to mean the chief administrative employee or officer of a department headed by a board or by the governor and cabinet. Nothing in Ch. 73-172 indicates that the term department is used in any manner inconsistent with the terms and definitions of ss. 20.03 , 20.05 , and 20.21 , and nowhere in Ch....
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Taquila Monroe v. Bd. of Regents of the Univ. Sys. of Georgia (11th Cir. 2024).

Published | Court of Appeals for the Eleventh Circuit

Argued: Mar 2, 2023

Const. art. VIII, § 4 ¶ I(b); Ga. Code Ann. § 20-3-51. Under the Georgia Con- stitution, “[i]t
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United States v. Theodore D. Lockley (11th Cir. 2011).

Published | Court of Appeals for the Eleventh Circuit

(quoting Wayne LeFave, Substantive Criminal Law § 20.3 intro., (d)(2) (2d ed. 2003) (alteration in original))
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Ago (Fla. Att'y Gen. 1978).

Published | Florida Attorney General Reports

...ment. Any agency transferred to a department by a type one transfer shall henceforth 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 department. Section 20.03 (1), F....
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Ago (Fla. Att'y Gen. 1990).

Published | Florida Attorney General Reports

...independently implement programs utilizing monies appropriated for such purposes without seeking the permission or concurrence of the Department of Commerce? In sum: 1. The Florida Seed Capital Board is in the nature of a commission as described in section 20.03 (10), Florida Statutes, i.e., the board exercises its statutorily prescribed powers independently....
...pproval by the Secretary of State, nor was that board placed administratively under the direct supervision of the Secretary of State. In the absence of statutory direction, it was concluded that this particular board was a "commission" as defined in section 20.03 (10), Florida Statutes, exercising delegated legislative or quasi-legislative powers independently of the Secretary of State....
...The Florida Seed Capital Board has been delegated various legislative powers, such as the power of the state to contract, 12 and the Department of Commerce has been granted no express powers over this board by law. Thus, the Florida Seed Capital Board would appear to be in the nature of a commission as defined in section 20.03 (10), Florida Statutes, within the Department of Commerce....
...Greenberg v. Florida Board of Dentistry, supra; State v. Atlantic Coast Line R. Co ., 47 So. 969 (Fla. 1908). 10 St. Regis Paper Company v. State , 237 So.2d 797 (Fla. 1st DCA 1970); Florida Industrial Commission v. National Trucking Company, supra . 11 Section 20.03 (10), Fla....
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Cunningham v. Pfizer Inc., 294 F. Supp. 2d 1329 (M.D. Fla. 2003).

Published | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 24429, 2003 WL 22911206

issue that the parties submitted to the Panel. Section 20.3 of the ESP states that "All disputed [sic] regarding

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