HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1537 Executive Branch
SPONSOR(S): Judiciary Committee, State Affairs Committee, Gregory
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) State Affairs Committee 15 Y, 7 N, As CS Toliver Williamson
2) Judiciary Committee 13 Y, 4 N, As CS Padgett Kramer
SUMMARY ANALYSIS
The executive power of Florida’s Government is distributed among four public officials: the Governor and the
three members of the Cabinet. The Florida Cabinet consists of the Attorney General, the Chief Financial
Officer, and the Commissioner of Agriculture.
Three departments – Department of Law Enforcement (FDLE), Department of Environmental Protection, and
Department of Veterans’ Affairs (DVA) – require the Governor and three members of the Cabinet to approve
the appointment of the department’s secretary or executive director and requires Senate confirmation of such
appointment.
The Department of Highway Safety and Motor Vehicles (DHSMV) was created in 1969 with the head of
DHSMV being the Governor and Cabinet. The Governor and Cabinet appoint an executive director.
CS/CS/HB 1537 revises the appointment requirements for the executive director of FDLE and DVA. It removes
the requirement that the appointment of the executive director of FDLE have the approval of all three members
of the Cabinet and instead makes the appointment subject to a majority vote of the Cabinet, with the Governor
and Attorney General on the prevailing side. The bill also removes the requirement that the appointment of the
executive director of DVA have the approval of all three members of the Cabinet and instead makes the
appointment subject to a majority vote of the Governor and Cabinet, with the Governor on the prevailing side.
In addition, the bill revises the appointment procedure for the Secretary of Environmental Protection to remove
the requirement that the appointment have the approval of all three members of the Cabinet and instead
makes the appointment subject to a majority vote of the Governor and Cabinet, with the Governor on the
prevailing side. In each instance, the bill maintains the requirement that the Senate confirm the executive
director or secretary.
The bill amends s. 20.24, F.S., to revise the appointment procedure for the executive director of DHSMV by
requiring the executive director to be appointed by the Governor subject to a majority vote of the Governor and
Cabinet consisting of three affirmative votes, with the Governor on the prevailing side, and requires the Senate
to confirm such appointment. The bill provides the executive director of DHSMV serves at the pleasure of the
Governor and Cabinet.
Finally, the bill directs the Office of Program Policy Analysis and Government Accountability to contract for a
comprehensive review of FDLE. The review must make recommendations regarding FDLE’s scope of services,
including identifying any service that should be expanded, consolidated, eliminated, or transferred to another
entity. The contractor must submit its report by January 1, 2022, to the Governor, the Attorney General, the
Chief Financial Officer, the Commissioner of Agriculture, the President of the Senate, and the Speaker of the
House of Representatives.
Subject to appropriation, the bill may have a negative fiscal impact associated with the contracted study of
FDLE.
The bill provides an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Structure of the Executive Branch of Florida Government
The Florida Constitution creates the structure of all branches of Florida Government. Article IV of the
Florida Constitution establishes the executive branch and delineates its structure. The executive power
is divided among four public officials: the Governor and the three members of the Florida Cabinet.1
Article IV also requires that all functions of the executive branch of state government be allotted among
not more than 25 departments, not including those provided for or authorized in the constitution itself.2
The administration of each department must be placed by law under the direct supervision of the
Governor, the Lieutenant Governor, the Governor and Cabinet, a Cabinet member, or an officer or
board appointed by and serving at the pleasure of the Governor.3 The Legislature may provide by law
that an appointment to or removal from any designated statutory office must require confirmation by the
Senate or the approval of three members of the Cabinet.4
Governor
The Florida Constitution states that the “supreme executive power shall be vested in a governor” and
that he or she is the chief administrative officer of the state.5 The Governor must take care that the laws
be faithfully executed, commission all officers of the state and counties, and transact all necessary
business with the officers of government.6 The Governor is also responsible for the planning and
budgeting for the state.7
The Governor is the commander-in-chief of all military forces of the state not in active service of the
United States and he or she has the power to call out the militia to preserve the public peace, execute
the laws of the state, suppress insurrection, or repel invasion.8
Cabinet
The Florida Cabinet has existed in some form from 1868 to today.9 The 1868 Constitution created a
Cabinet that consisted of executive officers appointed by the Governor and confirmed by the Senate.10
It is the 1885 Florida Constitution, however, that gave the body the form that is still recognizable today:
independently elected public officers heading specific parts of the executive branch.11 The 1885 Florida
Constitution created six administrative officers to assist the Governor in governing the executive
branch.12 The following officers comprised the cabinet under the 1885 Constitution:
Secretary of State.
Attorney General.
Comptroller.
Treasurer.
Superintendent of Public Instruction.
Commissioner of Agriculture.13
1 The Florida Constitution also creates the office of the Lieutenant Governor but does specify his or her powers but instead requires the
Lieutenant Governor perform such duties pertaining to the office of Governor as are assigned by the Governor. Art. IV, s. 2, Fla. Const.
2 Art. IV, s. 6, Fla. Const.
3 Id.
4 Art. IV, s. 6(a), Fla. Const.
5 Art. IV, s. 4, Fla. Const.
6 Id.
7 Id.
8 Id.
9 See Joseph W. Landers, Jr, The Myth of the Cabinet System: The Need to Restructure Florida’s Executive Branch, 19 Fla. St. U L.
Rev. 1089 (1992).
10 Id.
11 Art. IV, s. 20, Fla. Const. (1868); see also Talbot D’Alemberte, The Florida State Constitution: A Reference Guide (1991).
12 Id.
13 Id.
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The Cabinet largely remained in this form until 2003. In 1998, the Constitution Revision Commission14
placed Amendment 8, Restructuring the Florida Cabinet, on the ballot.15 The amendment reduced the
Cabinet to three members by merging the cabinet offices of the treasurer and comptroller into a new
position entitled the Chief Financial Officer (CFO) and removed the Secretary of State and the
Commissioner of Education16 from the Cabinet. The amendment passed and became effective on
January 7, 2003. The current Cabinet consists of the CFO, Attorney General, and the Commissioner of
Agriculture.17 The CFO serves as the chief fiscal officer of the state and settles and approves accounts
against the state, and keeps all state funds and securities.18 The Attorney General is the chief state
legal officer.19 The Commissioner of Agriculture supervisors all matters pertaining to agriculture except
as otherwise provided by law.20
The Governor and Cabinet meet as a collegial body.21 The Florida Constitution specifies that when a tie
vote occurs, the side on which the Governor voted is deemed to prevail.22 Florida law further specifies
that when a tie vote occurs and the side the Governor votes on prevails, the vote satisfies the
requirement that the action taken be by “majority” or “simple majority.”23
Department Head Appointments requiring Unanimous Cabinet Approval
Three departments – Department of Law Enforcement (FDLE), Department of Environmental
Protection (DEP), and Department of Veterans’ Affairs (DVA) – require the Governor and three
members of the Cabinet to approve the appointment of the department’s secretary or executive
director. This requirement existed prior to the Cabinet reorganization in 2003. With the six member
Cabinet that existed prior to 2003, the three Cabinet member approval requirement, when added with
the Governor’s choice, would have been a majority.24 However, the reduction of the Cabinet to three
members in 2003 means that the Cabinet vote in these instances must be unanimous.
Florida Department of Law Enforcement
FDLE was created in 1969, replacing the Bureau of Law Enforcement, with the head of the agency
being the Governor and Cabinet.25 Since its creation, the executive director of FDLE has been
appointed by the Governor, with the approval of three members of the Cabinet, subject to Senate
confirmation.26 The executive director serves at the pleasure of the Governor and Cabinet.27
FDLE’s mission is to “promote public safety and strengthen domestic security by providing services in
partnership with local, state, and federal criminal justice agencies to prevent, investigate, and solve
crimes while protecting Florida's citizens and visitors.”28 FDLE is composed of seven Regional
Operating Centers (ROCs)29 and the following programs are established in law:
Criminal Investigations and Forensic Science.
Criminal Justice Information.
14 The Constitution Revision Commission meets every 20 years to examine the constitution of the state, hold public hearings, and
propose revisions to constitution. Art. XI, s. 2, Fla. Const.
15 Amendment 8, Florida Department of State, https://dos.elections.myflorida.com/initiatives/fulltext/pdf/11-4.pdf (last visited Apr. 15,
2021).
16 The Commissioner of Education was formerly known as the Superintendent of Public Instruction.
17 Art. IV, s. 4, Fla. Const.
18 Id.
19 Id.
20 Id.
21 See Edwin Bayo & Kent Perez, Florida’s Cabinet System: Y2K and Beyond, Fla. B.J., Nov. 2000 at 68, available at
https://www.floridabar.org/the-florida-bar-journal/floridas-cabinet-system-y2k-and-beyond (last visited Apr. 15, 2021).
22 Art. IV, s. 4(a), Fla. Const.
23 S. 14.2001, F.S.
24 See Kent Perez, The New Constitutional Cabinet “Florida’s Four,” Fla. B.J., Apr. 2008 at 62, https://www.floridabar.org/the-florida-
bar-journal/the-new-constitutional-cabinet-floridas-four (last visited Apr. 15, 2021).
25 Ch. 69-106386, Laws of Fla.
26 S. 20.201(1), F.S.; see also Art. IV, s. 4(g), Fla. Const.
27 Id.
28 FDLE, Statement of Agency Organization and Operation, https://www.fdle.state.fl.us/About-
Us/Documents/StatementofAgencyOrg.aspx (last visited Apr. 15, 2021).
29 The Regional Operating Centers report to “a Regional Director (Special Agent in Charge) instead of headquarters.” FDLE, About Us,
https://www.fdle.state.fl.us/About-Us/General-Information.aspx (last visited Apr. 15, 2021).
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Criminal Justice Professionalism.
Florida Capitol Police.30
In 2018, the Constitution Revision Commission placed Revision 5 on the ballot, which passed and
became a part of the Florida Constitution.31 The Revision, among other things, amended the Florida
Constitution to require that the Office of Domestic Security and Counterterrorism (office) be created
within FDLE.32 The office provides support for prosecutors and federal, state, and local law
enforcement agencies that investigate or analyze information related to attempts or acts of terrorism or
that prosecute terrorism, and must perform any other duties provided by law. 33
Department of Environmental Protection
DEP was created in 1993 by the Florida Environmental Reorganization Act of 1993,34 replacing the
Department of Environmental Regulation and the Department of Natural Resources.35 Since the
department’s creation, the head of DEP has been a secretary36 appointed by the Governor, with the
concurrence of three members of the Cabinet, subject to Senate confirmation.37 The secretary serves
at the pleasure of the Governor.38
DEP’s mission is to “protect, conserve, and manage Florida’s natural resources and enforce the State
of Florida’s environmental laws.”39 Section 20.255, F.S., establishes the following divisions within DEP:
Division of Administrative Services.
Division of Air Resource Management.
Division Water Resource Management.
Division of Environmental Assessment and Restoration.
Division of Waste Management.
Division of Recreation and Parks.
Division of State Lands.
Divisions of Water Restoration Assistance.
Division of Law Enforcement.
Department of Veterans’ Affairs
In 1988, a constitutional amendment was adopted that required the Legislature to create the DVA in
law and prescribe its duties.40 The amendment also specified that the head of the DVA is the Governor
and Cabinet.41 Thereafter, the Legislature established the DVA in statute and required the executive
director be appointed by the Governor, with the approval of three members of the Cabinet, subject to
confirmation by the Senate. The executive director serves at the pleasure of the Governor and
Cabinet.42
Section 20.37, F.S., establishes the Division of Administration and Public Information and within that
division, the Bureau of Information and Research. It also establishes the Division of Veterans’ Benefits
and Assistance with the following bureaus created within the division:
Bureau of Veteran Claims Services.
Bureau of Veteran Field Services.
30 Id; see also s. 20.201(2), F.S., establishing four programs within FDLE: Criminal Justice Investigations and Forensic Science
Program; Criminal Justice Information Program; Criminal Justice Professionalism Program; and Capitol Police.
31 See Revision 5, Fla. Dept. of State, https://dos.elections.myflorida.com/initiatives/fulltext/pdf/11-24.pdf (last visited Apr. 15, 2021).
32 Art. IV, s. (4)(g), Fla. Const.
33 Id.
34 Ch. 93-213, Laws of Fla.
35 Id.
36 The term “secretary” means an individual who is appointed by the Governor to head a department and who is not otherwise named in
the State Constitution. Section 20.03(5), F.S.
37 S. 20.255(1), F.S.
38 Id.
39 DEP, Statement of Agency Organization and Operation,
https://floridadep.gov/sites/default/files/DEP_Statement_of_Agency_Organization_and_Operation.pdf (last visited Apr. 15, 2021).
40 Art. IV, s. 11, Fla. Const.
41 Id.
42 S. 20.37(1), F.S.
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Bureau of State Approving for Veterans’ Training.
Department of Highway Safety and Motor Vehicles
The Department of Highway Safety and Motor Vehicles (DHSMV) was created in 1969 when the
Legislature merged the Department of Motor Vehicles and the Department of Public Safety.43 Since
1969, the head of DHSMV has been the Governor and Cabinet.44 The Governor and Cabinet appoint
an executive director.45
The mission of DHSMV is to provide “Highway Safety and Security through Excellence in Service,
Education, and Enforcement.”46 DHSMV partners with county tax collectors and local, state, and federal
law enforcement agencies to promote a safe driving environment and coordinates with its partners to
issue driver licenses and identification cards, facilitate motor vehicle transactions, and provide services
related to consumer protection and public safety.47 Section 20.42, F.S., establishes the Division of the
Florida Highway Patrol and the Division of Motorist Services within DHSMV.
The Office of Program Policy Analysis and Government Accountability
The Office of Program Policy Analysis and Government Accountability (OPPAGA) is the research arm
of the Legislature. OPPAGA provides data, evaluative research, and objective analyses to assist
legislative budget and policy deliberations, and conducts research as directed by state law, the
presiding officers, or the Joint Legislative Auditing Committee.48
Effect of Proposed Changes
CS/CS/HB 1537 amends ss. 20.201 and 20.37, F.S., to revise the appointment requirements for the
executive directo