HB 0739 2003
   
1 CHAMBER ACTION
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6          The Committee on State Administration recommends the following:
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8          Committee Substitute
9          Remove the entire bill and insert:
10 A bill to be entitled
11          An act relating to succession to the office of Governor;
12    amending s. 14.055, F.S.; revising provisions relating to
13    succession to the office of Governor; reenacting s.
14    14.056, F.S., relating to succession as Acting Governor,
15    to provide for the same amendments to succession in office
16    as provided for succession to the office of Governor;
17    providing an effective date.
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19          Be It Enacted by the Legislature of the State of Florida:
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21          Section 1. Section 14.055, Florida Statutes, is amended to
22    read:
23          14.055 Succession to office of Governor.--
24          (1)Upon vacancy in the office of Governor, the Lieutenant
25    Governor shall become Governor. Upon vacancy in the office of
26    Governor and in the office of Lieutenant Governor, the order of
27    succession to the office of Governor shall be:
28          (a) Attorney General.
29          (b) Chief Financial Officer.
30          (c) Commissioner of Agriculture.
31          (d) President of the Senate.
32          (e) Speaker of the House of Representatives.
33          (f) President Pro Tempore of the Senate.
34          (g) Speaker Pro Tempore of the House of Representatives.
35          (h) Secretary of State.
36          (2) The taking of oath of office of Governor by an
37    individual specified in subsection (1) shall be held to
38    constitute his or her resignation from the office vacated in
39    order to assume the office of GovernorSecretary of State shall
40    become Governor; or if the office of Secretary of State be
41    vacant, then the Attorney General shall become Governor; or if
42    the office of Attorney General be vacant, then the Comptroller
43    shall become Governor; or if the office of Comptroller be
44    vacant, then the Treasurer shall become Governor; or if the
45    office of Treasurer be vacant, then the Commissioner of
46    Education shall become Governor; or if the office of
47    Commissioner of Education be vacant, then the Commissioner of
48    Agriculture shall become Governor. A successor under this
49    section shall serve for the remainder of the term and shall
50    receive all the rights, privileges,and emoluments of the
51    Governor.
52          (3)In case a vacancy shall occur in the office of
53    Governor and provision is not made herein for filling such
54    vacancy, then the presiding officersSpeaker of the House of
55    Representatives and the President ofthe Senate shall convene
56    the Legislature by joint proclamation within 5 calendar15days
57    for the purpose of choosing a person to serve as Governor for
58    the remainder of the term. A successor shall be elected by a
59    majority vote of those presentin a joint session of both
60    houses.
61          Section 2. For the purpose of incorporating the amendment
62    to section 14.055, Florida Statutes, section 14.056, Florida
63    Statutes, is reenacted to read:
64          14.056 Succession as Acting Governor.--Upon impeachment of
65    the Governor and until completion of trial thereof, or during
66    the Governor's physical or mental incapacity, the Lieutenant
67    Governor shall become Acting Governor. Upon impeachment or
68    physical or mental incapacity of an Acting Governor, or upon
69    vacancy in the office of the person serving as Acting Governor,
70    the powers and duties of Acting Governor shall devolve upon the
71    same officer as in the case of vacancy in the office of
72    Governor. A successor shall serve until the disability of either
73    the Lieutenant Governor or Governor ceases. Incapacity and
74    restoration of capacity to serve as Acting Governor shall be
75    determined in the same manner as in making such determinations
76    for Governor. In any case in which succession as Acting Governor
77    is not provided herein, the Speaker of the House and the
78    President of the Senate shall convene the Legislature by joint
79    proclamation within 15 days for the purpose of choosing a person
80    to serve as Acting Governor. Such person shall be elected by a
81    majority vote in a joint session of both houses.
82          Section 3. This act shall take effect upon becoming a law.
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