Florida Florida Statutes

§ 20.255 — Department of Environmental Protection

FS § 20.255Ch. 20

Statute text

There is created a Department of Environmental Protection.(1) Notwithstanding s. 20.05(2), the head of the Department of Environmental Protection shall be a secretary, who shall be appointed by the Governor, with the concurrence of three members of the Cabinet or subject to confirmation by the Senate.(a) Upon appointment, the Governor shall, in writing, notify the Cabinet and the President of the Senate that he or she will seek either the concurrence of three members of the Cabinet or confirmation of the appointee by the Senate.

(b)If the Governor seeks the concurrence of three members of the Cabinet for the appointment, such concurrence must be obtained at the first scheduled meeting of the Cabinet following the appointment. If concurrence of three members of the Cabinet is not obtained at such meeting, the appointee may be held over until his or her successor is appointed and qualified, but the period of such holdover may not exceed 30 days from the date of the Cabinet meeting at which the appointment was considered. An appointee who does not receive the concurrence of three members of the Cabinet is not eligible for appointment to the same office for 1 year after the date of the Cabinet meeting at which the appointment was considered.

(c)If the Governor seeks confirmation of the appointee by the Senate, s. 114.05 applies.

(d)The secretary shall serve at the pleasure of the Governor. (2)(a) There shall be three deputy secretaries who are appointed by and serve at the pleasure of the secretary. The secretary may assign any deputy secretary the responsibility to supervise, coordinate, and formulate policy for any division, office, or district.

(b)The Office of the Secretary is established. The secretary may establish offices within the Office of the Secretary or within the divisions established under subsection (3) to promote the efficient and effective operation of the department. The secretary shall appoint a general counsel who is directly responsible to and serves at the pleasure of the secretary. The general counsel is responsible for all legal matters of the department.

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