The Governor and Cabinet

CABINET PROCESS SUMMARY

HISTORY

Florida is historically unique among the 50 states in America. Until January 7, 2003, it was the only state to have a Governor plus a Cabinet consisting of six independently and constitutionally elected state executives. Florida now has a Cabinet consisting of three constitutionally elected state executives. The Governor is the popularly elected "chief executive" of Florida but the three members of the Cabinet are also elected by the people and serve as a collective decision and rule making body for the state. Each Cabinet member serves a four-year term with a two-term limit and is wholly responsible for the administration of at least one state department. The Governor is responsible for the administration of most other state departments.

Reflecting the concern that a single person might exercise too much power, Floridians ratified the Florida Constitution of 1968, affirming the independence of Cabinet members by deleting the phrase, "the Governor shall be assisted by" the Cabinet. This gave each member equal footing with the Governor on matters that come before the Governor and Cabinet so that Cabinet members were no longer expected,constitutionally, to capitulate to the Governor's wishes.

CABINET STRUCTURE

In 1998 the Constitutional Revision Commission proposed a rewrite of Article IV, Section IV of the Florida Constitution that reduced the Florida Cabinet from six elected officials to three. Effective January 7, 2003, the Florida Cabinet consists of the Attorney General, the Chief Financial Officer and the Commissioner of Agriculture. The Cabinet offices of Secretary of State and Commissioner of Education became appointed offices and their respective agencies became the responsibility of the Governor. The revised constitution also created a new State Board of Education with seven members appointed by the Governor to oversee the Department of Education. The Cabinet offices of Treasurer and Comptroller were merged into the new position of Chief Financial Officer who serves as agency head for the newly created Department of Financial Services.

MEETINGS OF THE GOVERNOR AND CABINET

Meetings of the Governor and Cabinet are noticed and usually occur every other week on Tuesdays in the Cabinet meeting room of the Capitol building. The Governor and each Cabinet member have staff members assigned to Cabinet duties. These highly trusted aides are crucial for conducting Cabinet business since they weigh public opinion, communicate with one another, and engage in investigating and researching issues. By the time the Governor and Cabinet meet, the aides have thoroughly briefed their principals on the issues. Cabinet aides' meetings usually occur on Wednesdays prior to meetings of the Governor and Cabinet so that proponents and opponents of issues will have a public forum in which to express their concerns.

THE BOARDS, COMMISSIONS, AND DEPARTMENTS

The Cabinet system consists primarily of the following boards and commissions:

State Board of Executive Clemency

The Governor and Cabinet are empowered by the Constitution to deal with matters of clemency, and sit as the Clemency Board. The Governor may deny, for any reason, any request for clemency, however, the Governor, with the approval of two members of the Cabinet, acts as a form of "mercy board" with authority to commute sentences; suspend fines and forfeitures; grant reprieves; grant pardons; restore civil rights; and restore firearm authority. The Clemency Board meets separately from the regular Cabinet meeting usually four times a year.

Agency for Enterprise Information Technology

The Agency for Enterprise Information Technology is created within the Executive Office of the Governor. The head of the agency is the Governor and Cabinet. The agency has several responsibilities relating to enterprise information technology services. These include the development and implementation of strategies for the design, delivery, and management of the enterprise information technology services established in law as well as monitoring the delivery and management of these services.

State Board of Administration

The State Board of Administration is a constitutionally created body of three made up of the Governor ,the Attorney General, and the Chief Financial Officer. This board invests and manages the assets of the state pension fund and various trust accounts, while administering the debt service funds; investing agency trusts; and providing bond services to all state agencies.

Division of Bond Finance

As a Division within the State Board of Administration, the governing board of the division is made up of the entire Governor and Cabinet. The Division also brings an agenda to the Governor and Cabinet. The division issues bonds on behalf of State of Florida agencies, the proceeds of which are used to finance schools, state office buildings, roads, bridges, pollution control facilities, water management projects, and to acquire land for recreational and environmental purposes. The Division also issues single family and multi-family housing bonds on behalf of the Florida Housing Finance Corporation.

Department of Veterans' Affairs

The head of the Department of Veterans' Affairs is the Governor and Cabinet. The Governor and Cabinet appoint an Executive Director to serve at their pleasure. This department provides assistance to all former, present, and future members of the U.S. Armed Forces and their dependents.

Department of Highway Safety and Motor Vehicles

The head of Highway Safety is the Governor and Cabinet. An Executive Director of the Department is appointed by the Governor and Cabinet and serves at their pleasure. This department consists of four divisions. The Division of Motor Vehicles licenses all persons selling motor vehicles, mobile homes and recreational vehicles, issues tag decals and new license plates, processes motor vehicle title applications, records liens and issues titles, and is responsible for registering commercial vehicles and collecting highway user taxes. The Division of Administration is responsible for the budget, accounting, personnel, and supply. The Division of Driver Licenses tests drivers and issues licenses; enforces license suspension and revocations and administers the state's financial responsibility law, and is responsible for printing all traffic citations issued in the state and maintaining driver records. The Division of Florida Highway Patrol is Florida's law enforcement arm on the open road. It enforces traffic and safety laws, investigates vehicular homicides and educates the public on safe driving.

Florida Department of Law Enforcement (FDLE)

The head of FDLE is the Governor and Cabinet. The Executive Director of the department is appointed by the Governor and Cabinet and is subject to confirmation by the Senate. The Executive Director serves at the pleasure of the Governor and Cabinet.

FDLE maintains a dual role of direct investigative and enforcement responsibilities along with assisting other state law enforcement agencies. It serves Florida as the primary investigative agency concerning organized, complex, and multi-jurisdictional crimes. FDLE provides support services and assistance to criminal justice agencies through all of its organizational divisions and delivers a comprehensive information system of investigative, intelligence, operational and management data through the Florida Intelligence Center (FIC) and the Florida Crime Information Center (FCIC), which is interfaced with the National Crime Information Center (NCIC).

Department of Revenue

The head of the Department of Revenue is the Governor and Cabinet. The Governor and Cabinet appoint an Executive Director of the Department to serve at their pleasure. This department is responsible for collecting taxes according to the Florida Statutes and for enforcement activities including investigations for supervising ad valorem tax assessments, tax auditing activities, rendering advice to the public and to department personnel on tax matters and taxpayer registration, and receiving and processing tax returns.

Administration Commission

The Administration Commission is part of the Executive Office of the Governor and is composed of the Governor and Cabinet with the Governor as chairman. The responsibilities of the Commission are set forth in multiple statutes addressing a wide range of duties; including:

Considering proceedings relating to comprehensive plans or plan amendments and land development regulations
Revision and implementation of the State Comprehensive Plan
Establishing guidelines and standards for developments of regional impact
Designating areas of critical state concern
Considering state agency funding issues and plans
Resolving disputes relating to: budgets of County Sheriffs and Property Appraisers; distribution of Local Option Gas Taxes; and Military Base Reuse Plans
Adopting rules to: implement provisions of law relating to the Administrative Procedures Act; grant or deny petitions for variances and waivers to the uniform rules; consider requests for exemption from the uniform rules; address the distribution of the premium tax and any penalties or interest collected; and, address certain state agency personnel matters
Appointing the Charitable Campaign Steering Committee and the Director of the Division of Administrative Hearings
Establishing surety bonds for geophysical exploration, drilling and production

Florida Land & Water Adjudicatory Commission

The Florida Land and Water Adjudicatory Commission consists of the Administration Commission. The Commission was created by the 1972 Florida Legislature through adoption of the Florida Land and Water Management Act of 1972 to protect the natural resources and environment of the state, ensure a water management system that will reverse the deterioration of water quality and provide optimum utilization of our limited water resources, facilitate orderly and well-planned development, and protect the health, welfare, safety and quality of life of the residents of this state. Responsibilities of the Commission include:

Hearing appeals of local government actions relating to proposed regional development in areas of critical state concern
Hearing appeals of certain orders or rules of water management districts and the Florida Department of Environmental Protection to ensure consistency with provisions of law
Forwarding appeal petitions to the Division of Administrative Hearings for assignment of an Administrative Law Judge and further proceedings
Considering petitions to establish, amend, or contract community development districts with a size of 1,000 acres of more
Adopting rules to implement provisions of law

Electrical Power Plant and Transmission Line Siting Board

Under the Electric Power Plant Siting Act and the Transmission Line Siting Act in Florida statutes, the Governor and Cabinet sit as the Siting Board and review applications for power plant and transmission line certification. The Department of Environmental Protection administers the Acts.

Board of Trustees of the Internal Improvement Trust Fund

The Board of Trustees is vested and charged with the acquisition, administration, management, control, supervision, conservation, and disposition of all state lands, with some exceptions. All state-owned land and proceeds from the sale of those lands is vested in the Trustees of the Internal Improvement Trust Fund for the use and benefit of the people of the State. The Department of Environmental Protection (DEP), through the Division of State Lands, performs all staff duties and functions related to acquisition, administration, and disposition of state-owned lands. In addition, the division provides management and regulatory functions for a significant amount of these lands, including:

Sovereignty submerged lands [lands including but not limited to, tidal lands, islands, sand bars, shallow banks, and lands waterward of the ordinary or mean high water line, beneath navigable fresh water or beneath tidally influenced waters for which the State of Florida has title.]
Forests and wetlands, including aquatic preserves [specially designated bodies of water that have exceptional biological, aesthetic or scientific value, and that have been set aside for the benefit of future generations.]
State reserves that buffer aquatic preserves. [state reserves are protective zones between upland development and the open waters of the aquatic preserves.]

Financial Services Commission

Effective 2003, the Florida Legislature created within the Department of Financial Services, the Financial Services Commission composed of the Governor, the Attorney General, the Chief Financial Officer and the Commissioner of Agriculture. The commission serves as the agency head of the Office of Insurance Regulation and the Office of Financial Regulation selecting the director of each of these offices and authorizing their organization and proposed rules. Each of these offices are responsible for the state regulation and enforcement of these industries.

BASIC OUTLINE OF THE DECISION-MAKING PROCESS

Board, commission, or agency submits agenda and back-up material to Governor and Cabinet.
Cabinet aides review agency agenda and back-up material.
Cabinet aides meet for overview of agenda items, question and answer period, and discussion with public and staff persons.
Ongoing citizen input via internet, telephone, letters and fax.
Cabinet aides prepare notes and brief their principal on agenda items and options to be considered for action (approval, denial, deferral, withdrawal).
Additional input is received through citizen participation at the Cabinet meeting.
Action is taken on each agenda item by voice vote at the Cabinet meeting.