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