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.
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
...ffairs, an executive department, to the Executive Office of the Governor. Fla.Laws 79-190, § 4 (1979). A type IV transfer is “the merging of an identifiable program, activity, or function of an existing agency into a department.” Fla. Stat.Ann. § 20.06(4)....
Cited 34 times | Published | Supreme Court of Florida
...of the state government to be allotted among not more than twenty-five departments. Pursuant to this mandate, the Governmental Reorganization Act was enacted by *276 the 1969 Legislature as Chapter 20, F.S. 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.S....
...or dealer offering merchandise. Furthermore, it hardly is possible that both concerns will offer the same issues of bonds at the same time.") The value of actual confusion is greater when the products involved are low value items. 3A Callman, supra, § 20.06, at 22 (citations omitted)....
Cited 2 times | Published | Supreme Court of Florida
...since the Department is the agency head and policy making authority over the State Beverage Department. See F.S. section 20.16, F.S.A., particularly subsection (8). This involved a type three transfer under the reorganization act. A reading of F.S. 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....
v. Certain Lands, 19 So.2d 234 (Fla. 1944). Section 20.06(2), F.S., clearly delineates those functions
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