HJR 1317

1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 4 of
3	Article IV of the State Constitution to create the
4	position of Insurance Commissioner as an elected member of
5	the Cabinet, the creation of Section 8 of Article VI of
6	the State Constitution to prohibit certain campaign
7	contributions relating to candidates for the office of
8	Insurance Commissioner, and the creation of Section 26 of
9	Article XII of the State Constitution to provide an
10	effective date for such changes and for the initial
11	election to such office.
12
13	Be It Resolved by the Legislature of the State of Florida:
14
15	That the following amendment to Section 4 of Article IV and
16	the creation of Section 8 of Article VI and Section 26 of
17	Article XII of the State Constitution are agreed to and shall be
18	submitted to the electors of this state for approval or
19	rejection at the next general election or at an earlier special
20	election specifically authorized by law for that purpose:
21	ARTICLE IV
22	EXECUTIVE
23	SECTION 4.  Cabinet.--
24	(a)  There shall be a cabinet composed of an attorney
25	general, a chief financial officer, and a commissioner of
26	agriculture, and an insurance commissioner. In addition to the
27	powers and duties specified herein, they shall exercise such
28	powers and perform such duties as may be prescribed by law. In
29	the event of a tie vote of the governor and cabinet, the side on
30	which the governor voted shall be deemed to prevail.
31	(b)  The attorney general shall be the chief state legal
32	officer. There is created in the office of the attorney general
33	the position of statewide prosecutor. The statewide prosecutor
34	shall have concurrent jurisdiction with the state attorneys to
35	prosecute violations of criminal laws occurring or having
36	occurred, in two or more judicial circuits as part of a related
37	transaction, or when any such offense is affecting or has
38	affected two or more judicial circuits as provided by general
39	law. The statewide prosecutor shall be appointed by the attorney
40	general from not fewer less than three persons nominated by the
41	judicial nominating commission for the supreme court, or as
42	otherwise provided by general law.
43	(c)  The chief financial officer shall serve as the chief
44	fiscal officer of the state, and shall settle and approve
45	accounts against the state, and shall keep all state funds and
46	securities.
47	(d)  The commissioner of agriculture shall have supervision
48	of matters pertaining to agriculture except as otherwise
49	provided by law.
50	(e)  The insurance commissioner shall have control and
51	supervision of matters relating to the state fire marshal, risk
52	management, insurance regulation, insurance fraud,
53	rehabilitation and liquidation of insurers, insurance agents and
54	agency services, consumer services, workers' compensation,
55	insurance consumer advocacy, and funeral and cemetery services.
56	(f)(e)  The governor as chair, the chief financial officer,
57	and the attorney general shall constitute the state board of
58	administration, which shall succeed to all the power, control,
59	and authority of the state board of administration established
60	pursuant to Article IX, Section 16 of the Constitution of 1885,
61	and which shall continue as a body at least for the life of
62	Article XII, Section 9(c).
63	(g)(f)  The governor as chair, the chief financial officer,
64	the attorney general, and the commissioner of agriculture shall
65	constitute the trustees of the internal improvement trust fund
66	and the land acquisition trust fund as provided by law.
67	(h)(g)  The governor as chair, the chief financial officer,
68	the attorney general, and the commissioner of agriculture shall
69	constitute the agency head of the Department of Law Enforcement.
70	ARTICLE VI
71	SUFFRAGE AND ELECTIONS
72	SECTION 8.  Insurance commissioner candidates; campaign
73	contributions prohibited.--An insurance company, a company
74	engaged in the business of funeral or cemetery service, or any
75	other business or company that is under the control and
76	supervision of the insurance commissioner, or any employee or
77	agent of such a company or business, may not make or solicit a
78	contribution, for any election, to or on behalf of any candidate
79	for the office of insurance commissioner. A candidate for the
80	office of insurance commissioner, or any employee of the
81	insurance commissioner or of any state agency under the control
82	and supervision of the insurance commissioner, may not solicit
83	or accept a campaign contribution from any such company,
84	business, employee, or agent. This section does not prevent any
85	candidate for the office of insurance commissioner or member of
86	that candidate's immediate family from contributing to that
87	candidate's campaign as otherwise permitted by law.
88	ARTICLE XII
89	SCHEDULE
90	SECTION 26.  Insurance Commissioner; office created;
91	campaign contributions prohibited.--The amendment to Section 4
92	of Article IV to create the office of insurance commissioner and
93	the creation of Section 8 of Article VI to limit campaign
94	contributions relating to candidates for the office of insurance
95	commissioner shall take effect January 6, 2009, with the office
96	of insurance commissioner initially filled for a 2-year term at
97	the 2008 general election.
98	BE IT FURTHER RESOLVED that the following statement be
99	placed on the ballot:
100	CONSTITUTIONAL AMENDMENT
101	ARTICLE IV, SECTION 4
102	ARTICLE VI, SECTION 8
103	ARTICLE XII, SECTION 26
104	CREATING CABINET OFFICE OF INSURANCE COMMISSIONER; LIMITING
105	INSURANCE COMMISSIONER CANDIDATE CAMPAIGN CONTRIBUTIONS;
106	SCHEDULE.--Proposing amendments to the State Constitution to
107	create the office of Insurance Commissioner, who will be an
108	elected member of the Cabinet and responsible for the control
109	and supervision of the State Fire Marshal, risk management,
110	insurance regulation, insurance fraud, rehabilitation and
111	liquidation of insurers, insurance agents and agency services,
112	consumer services, workers' compensation, insurance consumer
113	advocacy, and funeral and cemetery services; prohibit campaign
114	contributions to, or solicitation of campaign contributions by
115	or on behalf of, candidates for the office of Insurance
116	Commissioner from insurance companies, funeral or cemetery
117	service companies, and other businesses or companies under the
118	control and supervision of the Insurance Commissioner and their
119	employees and agents; and specify January 6, 2009, as the
120	effective date of the changes, with the office of Insurance
121	Commissioner filled at the 2008 general election to an initial
122	2-year term, with subsequent 4-year terms.

CODING: Words stricken are deletions; words underlined are additions.