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Florida Statute 20.05 - Full Text and Legal Analysis
Florida Statute 20.05 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title IV
EXECUTIVE BRANCH
Chapter 20
ORGANIZATIONAL STRUCTURE
View Entire Chapter
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.

F.S. 20.05 on Google Scholar

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Amendments to 20.05


Annotations, Discussions, Cases:

Cases Citing Statute 20.05

Total Results: 31  |  Sort by: Relevance  |  Newest First

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

Cited 38 times | Published | Supreme Court of Florida

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

regulate these matters in the future. Section 20-5. Protection of the City and Residents:
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Mount Sinai Hosp. of Greater Miami, Inc. v. Weinberger, 376 F. Supp. 1099 (S.D. Fla. 1974).

Cited 22 times | Published | District Court, S.D. Florida | 1974 U.S. Dist. LEXIS 12366

...1971 Duke Project, supra note 21, at 286-87. [68] Jaffe, supra note 38, at 425. [69] 1971 Duke Project, supra note 21, at 293; see Comment, Exhaustion of Administrative Remedies, 39 Cornell L.Q. 273, 292-93 (1954). [70] See generally Davis, supra note 38, § 20.05....
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Florida Med. Ass'n v. Dep't of Health, Educ. & Welfare, 479 F. Supp. 1291 (M.D. Fla. 1979).

Cited 17 times | Published | District Court, M.D. Florida | 1979 U.S. Dist. LEXIS 9021

...OMB attempts to do. This omission of a statutory entrepreneurial/personal distinction was intentional, since Congress identified problems with government harassment of individuals in their economic pursuits. O'Reilly, Federal Information Disclosure, § 20.05 (1977)....
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Rawls v. Ziegler, 107 So. 2d 601 (Fla. 1958).

Cited 17 times | Published | Supreme Court of Florida

881. Harper & James, in The Law of Torts, Vol. 2, § 20.5, p. 1143, state the rule as follows: "If the likelihood
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Shadler v. State, 761 So. 2d 279 (Fla. 2000).

Cited 17 times | Published | Supreme Court of Florida | 2000 WL 12841

...The larger of the two, the Highway Patrol, represents 45% of the total staff. See Florida Highway Patrol, Overview (visited December 20, 1999) While each division is supervised by a separate director and has its own organizational structure, see Fla. Admin. Code R. 15-1.003-.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 vested in a divi...
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Mexico Beach Corp. v. St. Joe Paper Co., 97 So. 2d 708 (Fla. Dist. Ct. App. 1957).

Cited 16 times | Published | District Court of Appeal of Florida

Book II, § 70. [4] Institutes, Book II, title 1, § 20. [5] Gifford v. Lord Yarborough, 5 Bing. 163; Re
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State Ex Rel. Shevin v. Yarborough, 257 So. 2d 891 (Fla. 1972).

Cited 16 times | Published | Supreme Court of Florida | 93 P.U.R.3d 401

...denied this motion of the Attorney General for funds does not prevent him from accepting funds for purposes consistent with the functions of the department. 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., for the purpose of completing his investigation....
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McCulley Ford, Inc. v. Calvin, 308 So. 2d 189 (Fla. 1st DCA 1974).

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

...The Division of Motor Vehicles is a division of the Department of Highway Safety and Motor Vehicles. The "head" of the Department is the Governor and the Cabinet. (F.S. 20.24) 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". (F.S. 20.05(7)....
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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

regulation of the management of the rights-of-way. Section 20-5. Protection of the City and residents: This
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Harris v. Florida Real Est. Com'n, 358 So. 2d 1123 (Fla. 1st DCA 1978).

Cited 9 times | Published | Florida 1st District Court of Appeal

...governmental unit statutorily responsible for final agency action." Ms. Hedrick, who appears on the letterhead to have no status other *1127 than an employee of the Commission, can hardly be deemed a person responsible for final agency action. 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 ...", Section 475.29 vests the Commission with po...
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ABC Charters, Inc. v. Bronson, 591 F. Supp. 2d 1272 (S.D. Fla. 2008).

Cited 4 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 80091, 2008 WL 4500352

...At oral argument, the Defendant conceded this point. 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. Section 20.05(1)(a), Florida Statutes....
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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

Governor or the Executive Office of the Governor. See § 20.05(l)(a), (e), Fla. Stat. (2010). In this case, Executive
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White Constr. Co. Inc. v. Div. of Admin., Etc., 281 So. 2d 194 (Fla. 1973).

Cited 3 times | Published | Supreme Court of Florida

...quoted Subsection (2) of Florida Statute 337.16 provide, Subsection 1 of Section 20.23, Florida Statutes, provides as follows: " The head of the department of transportation is the secretary of transportation. " (emphasis supplied) Subsection (1) of Section 20.05, Florida Statutes, specifically provides that: "Each head of a department, except as otherwise provided herein, shall: (1) Plan, direct, coordinate, and execute the powers, duties and functions vested in that department or vested in a d...
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Kawasaki of Tampa, Inc. v. Calvin, 348 So. 2d 897 (Fla. 1st DCA 1977).

Cited 3 times | Published | Florida 1st District Court of Appeal

...of twelve (12) months from the date of the Director's Order, or date of final judicial determination in the event of an appeal, unless for good cause a different period is set by the Director in his order of determination." Respondents contend that § 20.05, Florida Statutes (1975), grants to the Department authority to adopt such a rule transferring its authority to the director. § 20.05, Florida Statutes (1975), provides in pertinent part as follows: "Heads of departments; powers and duties....
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BRASS & SINGER v. United Auto. Ins. Co., 919 So. 2d 473 (Fla. 3d DCA 2005).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 14833, 2005 WL 2293568

Philip J. Padovano, Florida Appellate Practice § 20.5 (2005); Tracy Raffles Gunn, Attorneys' Fees on
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Brenner v. Scott, 999 F. Supp. 2d 1278 (N.D. Fla. 2014).

Cited 2 times | Published | District Court, N.D. Florida | 2014 WL 4113100

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

regulate these matters in the future. Section 20-5. Protection of the City and Residents: Under
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James Farmer v. State of Florida, 268 So. 3d 1009 (Fla. Dist. Ct. App. 2019).

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

6 See Ala. Code § 30-1-5 (2018); Alaska Stat. § 20.05.171 (2018); Ariz. Stat. Ann. § 25-102 (2018); Ark
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Ago (Fla. Att'y Gen. 1981).

Published | Florida Attorney General Reports

Volume 1, Part One, Laws of Florida, 1979. Section 20.05(1)(a), F.S., provides that each head of a department
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Kizar v. Wittenberg, 398 So. 2d 1002 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19904

regulated professions. She also contends that section 20.05, Florida Statutes (1979), gives her, as Secretary
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Sheffield v. Dep't of High. Saf. & Motor Vehs., 356 So. 2d 353 (Fla. Dist. Ct. App. 1978).

Published | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15481

director to serve at its pleasure as provided by § 20.05(7). The Department is composed of four divisions
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Ago (Fla. Att'y Gen. 1977).

Published | Florida Attorney General Reports

Governor subject to confirmation by the Senate. Section 20.05(1)(a), F. S., provides that each head of a department
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Ago (Fla. Att'y Gen. 1976).

Published | Florida Attorney General Reports

in s. 11(3) of Ch. 75-48, Laws of Florida. Section 20.05(5), F. S., grants authority to the head of the
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Starchk v. Wittenberg, 392 So. 2d 1007 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18750

state seeking issuance of an injunction ....” Section 20.05, Florida Statutes (1979), provides that each
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Ago (Fla. Att'y Gen. 1974).

Published | Florida Attorney General Reports

of Revenue is the governor and the cabinet. Section 20.05 provides that the head of the department shall
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Huber Distrib. Co. v. Nat'l Distrib. Co., 307 So. 2d 176 (Fla. 1974).

Published | Supreme Court of Florida | 1974 Fla. LEXIS 4002

responsibility in this regard is further bolstered by Section 20.-5(1) of the Florida Statutes which sets forth
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City of Sarasota v. 35 S. LEMON INC., 722 So. 2d 268 (Fla. 2d DCA 1998).

Published | Florida 2nd District Court of Appeal | 1998 WL 879207

CAMPBELL and CASANUEVA, JJ., Concur. NOTES [1] Section 20-5 of the Noise Ordinance defines unreasonable
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Biscayne Kennel Club, Inc. v. Bd. of Bus. Reg., 239 So. 2d 53 (Fla. Dist. Ct. App. 1970).

Published | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5713

also vested in the Board by such statute (F.S. § 20.05(1), F.S.A.). Under the applicable statute the Board
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Florida Comm'n on Human Relations v. Parrish Mgmt., Inc., 682 So. 2d 159 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 8644, 69 Empl. Prac. Dec. (CCH) 44, 290, 1996 WL 464146

complaint, and therefore, is not delegable under section 20.05, Florida Statutes (1993). I would affirm the
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Ago (Fla. Att'y Gen. 1978).

Published | Florida Attorney General Reports

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

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