THE BILL ITSELF
HB 1435
Structure and Legislative Oversight of Executive Agencies
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A bill to be entitled
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An act relating to structure and legislative oversight
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of executive agencies; amending s. 20.04, F.S.;
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providing that divisions or offices in an executive
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department may be established only by specific
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statutory enactment; amending s. 20.165, F.S.;
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providing that certain appointments made by the
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Secretary of Business and Professional Regulation are
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subject to review and approval by the Legislature;
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amending s. 20.23, F.S.; providing that certain
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appointments made by the Secretary of Transportation
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are subject to review and approval by the Legislature;
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providing that the secretary's restructuring of
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offices is subject to review and approval by the
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Legislature; amending ss. 20.315, 20.316, 20.41, and
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20.60, F.S.; providing that certain appointments made
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by the heads of departments are subject to review and
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approval by the Legislature; requiring the Legislature
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to dissolve certain divisions, offices, bureaus,
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sections, and subsections by a specified date;
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amending s. 20.43, F.S.; removing provisions relating
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to the Office of Minority Health and Health Equity
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within the Department of Health; amending s. 282.0051,
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F.S.; providing that the state chief information
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officer shall have all decisionmaking authority with
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respect to information technology on behalf of all
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departments and all department divisions, offices,
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bureaus, sections, and subsections; repealing s.
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381.735, F.S., relating to the Office of Minority
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Health and Health Equity; amending ss. 381.814,
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383.2163, and 409.91235, F.S.; conforming provisions
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to changes made by the act; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (b) of subsection (7) of section
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20.04, Florida Statutes, is amended to read:
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20.04 Structure of executive branch.—The executive branch
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of state government is structured as follows:
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(7)
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(b) Within the limitations of this subsection, the head of
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the department may recommend the establishment of additional
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divisions, offices, bureaus, sections, and subsections of the
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department to promote efficient and effective operation of the
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department. However, such additional divisions, or offices,
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bureaus, sections, and subsections in the Department of Children
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and Families, the Department of Corrections, the Department of
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Commerce, and the Department of Transportation, may be
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established only by specific statutory enactment. New bureaus,
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sections, and subsections of departments may be initiated by a
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department and established as recommended by the Department of
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Management Services and approved by the Executive Office of the
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Governor, or may be established by specific statutory enactment. Section 2. Subsection (3) of section 20.165, Florida
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Statutes, is amended to read:
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20.165 Department of Business and Professional
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Regulation.—There is created a Department of Business and
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Professional Regulation.
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(3) The secretary shall appoint a director for each
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division established within this section. Each division director
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shall directly administer the division and shall be responsible
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to the secretary. The secretary may appoint deputy and assistant
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secretaries, subject to review and approval by the Legislature,
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as necessary to aid the secretary in fulfilling the secretary's
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statutory obligations.
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Section 3. Paragraph (b) of subsection (4) of section
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20.23, Florida Statutes, is amended to read:
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20.23 Department of Transportation.—There is created a
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Department of Transportation which shall be a decentralized
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agency.
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(4)
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(b) The secretary may appoint positions at the level of
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deputy assistant secretary or director, subject to review and
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approval by the Legislature, which the secretary deems necessary
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to accomplish the mission and goals of the department,
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including, but not limited to, the areas of program
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responsibility provided in this paragraph, each of whom shall be
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appointed by and serve at the pleasure of the secretary. The
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secretary may combine, separate, or delete offices, subject to
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review and approval by the Legislature, as needed in
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consultation with the Executive Office of the Governor. The
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department's areas of program responsibility include, but are
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not limited to, all of the following:
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1. Administration.
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2. Planning.
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3. Supply chain and modal development.
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4. Design.
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5. Highway operations.
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6. Right-of-way.
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7. Toll operations.
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8. Transportation technology.
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9. Information technology.
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10. Motor carrier weight inspection.
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11. Work program and budget.
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12. Comptroller.
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13. Construction.
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14. Statewide corridors.
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15. Maintenance.
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16. Forecasting and performance.
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17. Emergency management.
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18. Safety.
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19. Materials.
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20. Infrastructure and innovation.
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21. Permitting.
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22. Traffic operations.
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23. Operational technology.
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Section 4. Paragraph (c) of subsection (3) of section
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20.315, Florida Statutes, is amended to read:
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20.315 Department of Corrections.—There is created a
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Department of Corrections.
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(3) SECRETARY OF CORRECTIONS.—The head of the Department
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of Corrections is the Secretary of Corrections. The secretary is
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appointed by the Governor, subject to confirmation by the
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Senate, and shall serve at the pleasure of the Governor. The
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secretary is responsible for planning, coordinating, and
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managing the corrections system of the state. The secretary
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shall ensure that the programs and services of the department
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are administered in accordance with state and federal laws,
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rules, and regulations, with established program standards, and
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consistent with legislative intent. The secretary shall identify
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the need for and recommend funding for the secure and efficient
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operation of the state correctional system.
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(c) The secretary may appoint assistant secretaries,
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directors, or other such persons that he or she deems are
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necessary, subject to review and approval by the Legislature, to
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accomplish the mission and goals of the department, including,
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but not limited to, the following areas of program
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responsibility:
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1. Security and institutional operations, which shall
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provide inmate work programs, offender programs, security
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administration, emergency operations response, and operational
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oversight of the regions.
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2. Health services, which shall be headed by a physician
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licensed under chapter 458 or an osteopathic physician licensed
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under chapter 459, or a professionally trained health care
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administrator with progressively responsible experience in
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health care administration. This individual shall be responsible
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for the delivery of health services to offenders within the
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system and shall have direct professional authority over such
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services.
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3. Community corrections, which shall provide for
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coordination of community alternatives to incarceration and
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operational oversight of community corrections regions.
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4. Administrative services, which shall provide budget and
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accounting services within the department, including the
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construction and maintenance of correctional institutions, human
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resource management, research, planning and evaluation, and
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technology.
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5. Program, transition, and postrelease services, which
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shall provide for the direct management and supervision of all
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departmental programs, including the coordination and delivery
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of education and job training to the offenders in the custody of
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the department. In addition, this program shall provide for the
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direct management and supervision of all programs that furnish
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transition assistance to inmates who are or have recently been
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in the custody of the department, including the coordination,
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facilitation, and contract management of prerelease and
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postrelease transition services provided by governmental and
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private providers, including faith-based service groups.
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Section 5. Subsection (2) of section 20.316, Florida
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Statutes, is amended to read:
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20.316 Department of Juvenile Justice.—There is created a
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Department of Juvenile Justice.
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(2) DEPARTMENT PROGRAMS.—The following programs are
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established within the Department of Juvenile Justice:
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(a) Accountability and Program Support.
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(b) Administration.
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(c) Intake and Detention.
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(d) Prevention Services.
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(e) Probation and Community Corrections.
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(f) Residential and Correctional Facilities.
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The secretary may establish assistant secretary positions and a
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chief of staff position, subject to review and approval by the
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Legislature, as necessary to administer the requirements of this
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section.
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Section 6. Subsection (1) of section 20.41, Florida
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Statutes, is amended to read:
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20.41 Department of Elderly Affairs.—There is created a
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Department of Elderly Affairs.
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(1) The head of the department is the Secretary of Elderly
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Affairs. The secretary must be appointed by the Governor,
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subject to confirmation by the Senate. The secretary serves at
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the pleasure of the Governor. The secretary shall administer the
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affairs of the department and may employ assistants,
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professional staff, and other employees, subject to review and
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approval by the Legislature, as necessary to discharge the
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powers and duties of the department. Section 7. Subsection (9) of section 20.43, Florida
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Statutes, is amended to read:
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20.43 Department of Health.—There is created a Department
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of Health.
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(9) There is established within the Department of Health
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the Office of Minority Health and Health Equity, which shall be
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headed by a Senior Health Equity Officer. The Senior Health
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Equity Officer shall administer the Closing the Gap grant
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program established under ss. 381.7351-381.7356 in a manner that
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maximizes the impact of the grants in achieving health equity.
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The Senior Health Equity Officer shall evaluate the awarded
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grants to assess the effectiveness and efficiency of the use of
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funds and to determine best practices. The Senior Health Equity
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Officer shall disseminate information on best practices to
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stakeholders and shall ensure that the assessments inform future
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grant award decisions.
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Section 8. Subsection (2) of section 20.60, Florida
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Statutes, is amended to read:
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20.60 Department of Commerce; creation; powers and
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duties.—
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(2) The head of the department is the Secretary of
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Commerce, who shall be appointed by the Governor, subject to
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confirmation by the Senate. The secretary shall serve at the
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pleasure of and report to the Governor and shall serve as the
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Governor's chief negotiator for business recruitment and
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expansion and economic development. The secretary may appoint
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deputy and assistant secretaries, subject to review and approval
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by the Legislature, as necessary to aid the secretary in
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fulfilling his or her statutory obligations.
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Section 9. The Legislature shall, by the adjournment of
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the 2027 Regular Session, review the purposes and functions of
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every department division, office, bureau, section, and
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subsection and dissolve any such division, office, bureau,
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section, and subsection as it deems necessary.
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Section 10. Paragraph (a) of subsection (2) of section
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282.0051, Florida Statutes, is amended to read:
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282.0051 Department of Management Services; Florida
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Digital Service; powers, duties, and functions.—
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(2)(a) The Secretary of Management Services shall
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designate a state chief information officer, who shall
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administer the Florida Digital Service. The state chief
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information officer, prior to appointment, must have at least 5
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years of experience in the development of information system
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strategic planning and development or information technology
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policy, and, preferably, have leadership-level experience in the
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design, development, and deployment of interoperable software
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and data solutions. The state chief information officer shall
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have all decisionmaking authority with respect to information
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technology on behalf of all departments and all department
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divisions, offices, bureaus, sections, and subsections.
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Section 381.735, Florida Statutes, is Section 11.
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repealed.
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Section 12. Subsections (3) and (4) of section 381.814,
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Florida Statutes, are amended to read:
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381.814 Sickle Cell Disease Research and Treatment Grant
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Program.—The Sickle Cell Disease Research and Treatment Grant
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Program is created within the Department of Health.
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(3) Funds appropriated to the program shall be awarded by
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the Department of Health Office of Minority Health and Health
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Equity, within the department, to community-based sickle cell
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disease medical treatment and research centers operating in this
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state.
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(4) The Department of Health Office of Minority Health and
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Health Equity shall award grants under the program to community-
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based sickle cell disease medical treatment and research centers
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to fund projects specific to sickle cell disease in the
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following project areas:
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(a) Sickle cell disease workforce development and
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education.—Such projects shall include, but need not be limited
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to, facility-based education programs, continuing education
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curriculum development, and outreach and education activities
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with the local health care practitioner community. Workforce
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development and education projects must be based on current
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evidence-based clinical practice guidelines for sickle cell
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disease.
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(b) Sickle Cell Disease Treatment Centers of Excellence.—
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Such projects shall include, but need not be limited to,
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operational support for existing centers of excellence, facility
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enhancement of existing centers of excellence, and the
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establishment of new centers of excellence.
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Section 13. Subsection (6) of section 383.2163, Florida
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Statutes, is amended to read:
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383.2163 Telehealth Minority Maternity Care Program.—The
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department shall establish a statewide Telehealth Minority
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Maternity Care Program that uses telehealth to expand the
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capacity for positive maternal health outcomes in racial and
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ethnic minority populations. The department may enlist county
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health departments to assist with program implementation.
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(6) FUNDING.—The department's Division of Community Health
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Promotion and Office of Minority Health and Health Equity shall
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work in partnership to apply for federal funds that are
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available to assist the department in accomplishing the
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program's purpose and successfully implementing the program.
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Section 14. Paragraph (b) of subsection (1) of section
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409.91235, Florida Statutes, is amended to read:
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409.91235 Agency review and report on medications,
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treatments, and services for sickle cell disease.—
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(1) The Agency for Health Care Administration, in
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consultation with the Florida Medical Schools Quality Network
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and a dedicated sickle cell disease medical treatment and
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research center that maintains a sickle cell patient database
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and tracks sickle cell disease outcome measures, shall, every 2
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years:
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(b)1. Develop a written report that details the review
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findings.
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2. Beginning November 1, 2024, and by November 1 of every
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other year thereafter, post the report on the agency's website.
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3. Submit a copy of the report to the Governor, the
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President of the Senate, the Speaker of the House of
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Representatives, the Department of Health Health's Office of
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Minority Health and Health Equity, and the Rare Disease Advisory
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Council.
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Section 15. This act shall take effect July 1, 2026.