Governance in Florida: The Relationship Between the Legislative and Executive Branches By Thornton J. Williams, Williams McMillian Schloss P.A. As we begin a new term of governance in Florida, it is sometimes good to reflect on the structure of government in the state of Florida. The government of the state of Florida and the Chief Governor is the prevailing side. Cabinet is established and operated according to Financial Officer), and several executive elections are held every four years, on the Florida Constitution. The Florida departments. Each office term is limited even numbered years not divisible by Constitution defines the basic structures for two four-year terms. Note: Florida four (such as 2002, 2006, etc.). and operation of the government, its is unique among U.S. states in having duties, responsibilities, and powers, and a strong cabinet-style government. The Governor along with his cabinet establishes the basic law of the state and is responsible for administering and enforcing the laws in the state guarantees various rights and freedoms According to the most-recent of the people. of Florida. The Governor is also U.S.DOT information, every $1 responsible for the daily operations As the chief executive of the state of billion spent on transportation of the state government. In this Florida, the Governor is the head of the equates to 27,000-30,000 jobs. capacity, the Governor has a duty executive branch and the commander- Transportation not only equals to enforce state laws, commission in-chief of the state’ military forces mobility, but also jobs, prosperity all officers of the state and counties, that are not in active service of the transact all necessary business with and economic recovery. United States. Specifically, Article IV the officers of government, develop of the Florida Constitution sets forth a budget that allows the government the powers and duties the Governor is to keep operating each year, approve expected to perform. Members of the Florida Cabinet are or veto bills passed by the Florida independently elected, and have equal Legislature, convene the legislature, The executive branch of the footing with the Governor on issues and to grant pardons, except in cases Government of Florida consists of the under the Cabinet’s jurisdiction. Along of impeachment. The governor has a Governor, Lieutenant Governor, Florida with the Governor, each member carries maximum of two four-year terms before Cabinet (which includes the Attorney one vote in the decision making process. he must leave office. General, Commissioner of Agriculture, In the event of a tie, the side of the 14 JOURNAL Florida Engineering Society FEBruarY 2011 fleng.org Moreover, in his role as administrator, monetary spending. The Florida State 2011 Florida the Governor sets forth plans and goals Legislature passed the $70.4 billion Government Leaders each year for the effective running of FY2010-2011Florida state budget on the state of Florida. For example, as April 30, 2010, the deadline for doing incoming Governor, Governor-elect so. The FY2010-2011 budget was $4 Rick Scott, who took office on January billion larger than the prior year’s state 4, 2011, has already put forth his goal budget. of fostering the creation of 700,000 jobs in seven years. To assist him in this As the legislative branch of government, extensive undertaking, he will need to the Legislature generally performs gain assistance from the Legislature and state duties for the state in the same provide direction to the state agencies it way that the United States Congress funds, such as the Florida Department performs federal duties at the federal of Transportation (FDOT). level. Additionally, the same system of Rick Scott checks and balances that exists at the Governor of Florida According to the most-recent U.S.DOT federal level also exists between the state Born December 1, 1952 information, every $1 billion spent legislature and the state executive and Bloomington, Illinois on transportation equates to 27,000- judicial branches. Political party Republican 30,000 jobs. Transportation not only Alma mater University of Missouri Undoubtedly, this concept of checks and Southern Methodist equals mobility, but also jobs, prosperity University and economic recovery. Historically, balances will definitely come into play when the Florida Legislature redraws Profession Business Executive the advance funding of transportation Religion Methodism projects has led to transportation state and Congressional district lines Spouse Ann Scott initiatives being one of the top three every 10 years after the census. With the Children Jordan, Allison economic recovery methods nationally adoption of Amendments 5 and 6 on and statewide. Thus, knowing the job- the November 2010 ballot, all of these creation potential of transportation, relationships will be tested even more. FDOT, along with the Legislature The Legislature will now have standards should be poised to assist in this critical directing them to create districts that economic effort. don’t favor incumbents or a political party and that consider geographic and Likewise, the legislative power of the community boundaries. Most likely, state is vested in a legislature of the there will be litigation challenging these state of Florida, consisting of a Senate new districts, but there is also potential composed of one Senator elected from for a new direction in Florida. Dean Cannon, Speaker each senatorial district and a House Florida House of Representatives of Representatives composed of one In summation, the relationship between Born August 2, 1968, Bitburg US member elected from each representative the executive and legislative branches Air Force Base, Germany district. Article III of the Florida in Florida is a unique one, with the Residence Winter Park Political party Republican Constitution mandates a bicameral concept of checks and balances being utilized by both branches. With new Alma mater University of Florida state legislature with an upper house Profession Attorney Florida Senate of 40 members and a leadership in place for both the executive Spouse Ellen Friedley lower Florida House of Representatives and legislative branches, the future of Children Dean III, Katherine, Sarah Florida is on the cusp of unparalleled Moved to Florida, 1971 of 120 members. The Florida House n of Representative members serve for opportunity. two-year terms, while Florida Senate About the Author: members serve for four-year terms. Due Thornton Williams is the to term limits, House members may be Managing Partner at Williams elected for up to four terms (eight years), McMillian P.A. He may be reached at 850-224-3999 or while State Senators can be elected for email: [email protected]. up to two terms (eight years). Former members can be elected again after a two year break. Both chambers have been in Republican control since 1994. In Mike Haridopolos, Senate President this past election cycle new House and Born March 15, 1970 Senate members were elected. Huntington, New York Residence Fort Lauderdale The Legislature can best be described Political party Republican as an authoritative assembly with the Alma mater University of Arkansas, power to pass, amend, and repeal laws. Stetson University In addition to enacting statutory laws Profession College Professor, Author or legislation, the Florida Legislature Religion Baptist Spouse Stephanie Haridopolos, MD has the authority to raise or lower taxes Children Alexis, Hayden, Reagan and adopt the budget and control other Moved to Florida, 1990 fleng.org JOURNAL Florida Engineering Society FEBruarY 2011 15.