Senate Bill sb2680

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    Florida Senate - 2006                                 SJR 2680

    By Senator Posey





    24-1369-06                                              See HB

  1                     Senate Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Sections 4 and 9 of Article IV and Section 23

  4         of Article XII and the creation of Section 26

  5         of Article XII of the State Constitution to

  6         create the Cabinet office of Director of the

  7         Interior, create a Department of the Interior,

  8         and abolish the Fish and Wildlife Conservation

  9         Commission.

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11  Be It Resolved by the Legislature of the State of Florida:

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13         That the following amendment to Sections 4 and 9 of

14  Article IV and Section 23 of Article XII and the creation of

15  Section 26 of Article XII of the State Constitution is agreed

16  to and shall be submitted to the electors of this state for

17  approval or rejection at the next general election or at an

18  earlier special election specifically authorized by law for

19  that purpose:

20                            ARTICLE IV

21                            EXECUTIVE

22         SECTION 4.  Cabinet.--

23         (a)  There shall be a cabinet composed of an attorney

24  general, a chief financial officer, a director of the

25  interior, and a commissioner of agriculture. In addition to

26  the powers and duties specified herein, they shall exercise

27  such powers and perform such duties as may be prescribed by

28  law. In the event of a tie vote of the governor and cabinet,

29  the side on which the governor voted shall be deemed to

30  prevail.

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    Florida Senate - 2006                                 SJR 2680
    24-1369-06                                              See HB




 1         (b)  The attorney general shall be the chief state

 2  legal officer. There is created in the office of the attorney

 3  general the position of statewide prosecutor. The statewide

 4  prosecutor shall have concurrent jurisdiction with the state

 5  attorneys to prosecute violations of criminal laws occurring

 6  or having occurred, in two or more judicial circuits as part

 7  of a related transaction, or when any such offense is

 8  affecting or has affected two or more judicial circuits as

 9  provided by general law. The statewide prosecutor shall be

10  appointed by the attorney general from not less than three

11  persons nominated by the judicial nominating commission for

12  the supreme court, or as otherwise provided by general law.

13         (c)  The chief financial officer shall serve as the

14  chief fiscal officer of the state, and shall settle and

15  approve accounts against the state, and shall keep all state

16  funds and securities.

17         (d)  The commissioner of agriculture shall have

18  supervision of matters pertaining to agriculture except as

19  otherwise provided by law.

20         (e)  The director of the interior shall have

21  supervision of matters pertaining to state's natural

22  resources.

23         (f)(e)  The governor as chair, the chief financial

24  officer, and the attorney general shall constitute the state

25  board of administration, which shall succeed to all the power,

26  control, and authority of the state board of administration

27  established pursuant to Article IX, Section 16 of the

28  Constitution of 1885, and which shall continue as a body at

29  least for the life of Article XII, Section 9(c).

30         (g)(f)  The governor as chair, the chief financial

31  officer, the attorney general, the director of the interior,

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    Florida Senate - 2006                                 SJR 2680
    24-1369-06                                              See HB




 1  and the commissioner of agriculture shall constitute the

 2  trustees of the internal improvement trust fund and the land

 3  acquisition trust fund as provided by law.

 4         (h)(g)  The governor as chair, the chief financial

 5  officer, the attorney general, the director of the interior,

 6  and the commissioner of agriculture shall constitute the

 7  agency head of the Department of Law Enforcement.

 8         SECTION 9.  Department of the Interior Fish and

 9  wildlife conservation commission.--Effective July 1, 2009,

10  there shall be a Department of the Interior, as provided by

11  law, to be responsible for conserving and protecting the

12  natural resources and scenic beauty of the state in accordance

13  with Article II, section 7(a) fish and wildlife conservation

14  commission, composed of seven members appointed by the

15  governor, subject to confirmation by the senate for staggered

16  terms of five years. The commission shall exercise the

17  regulatory and executive powers of the state with respect to

18  wild animal life and fresh water aquatic life, and shall also

19  exercise regulatory and executive powers of the state with

20  respect to marine life, except that all license fees for

21  taking wild animal life, fresh water aquatic life, and marine

22  life and penalties for violating regulations of the commission

23  shall be prescribed by general law. The commission shall

24  establish procedures to ensure adequate due process in the

25  exercise of its regulatory and executive functions. The

26  legislature may not enact any laws in aid of the commission,

27  not inconsistent with this section, except that there shall be

28  no special law or general law of local application pertaining

29  to hunting or fishing. The commission's exercise of executive

30  powers in the area of planning, budgeting, personnel

31  management, and purchasing shall be as provided by law.

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    Florida Senate - 2006                                 SJR 2680
    24-1369-06                                              See HB




 1  Revenue derived from license fees for the taking of wild

 2  animal life and fresh water aquatic life shall be appropriated

 3  to the commission by the legislature for the purposes of

 4  management, protection, and conservation of wild animal life

 5  and fresh water aquatic life. Revenue derived from license

 6  fees relating to marine life shall be appropriated by the

 7  legislature for the purposes of management, protection, and

 8  conservation of marine life as provided by law. The commission

 9  shall not be a unit of any other state agency and shall have

10  its own staff, which includes management, research, and

11  enforcement. Unless provided by general law, the commission

12  shall have no authority to regulate matters relating to air

13  and water pollution.

14                           ARTICLE XII

15                             SCHEDULE

16         SECTION 23.  Department of the Interior Fish and

17  wildlife conservation commission.--

18         (a)  The initial members of the commission shall be the

19  members of the game and fresh water fish commission and the

20  marine fisheries commission who are serving on those

21  commissions on the effective date of this amendment, who may

22  serve the remainder of their respective terms. New

23  appointments to the commission shall not be made until the

24  retirement, resignation, removal, or expiration of the terms

25  of the initial members results in fewer than seven members

26  remaining.

27         (b)  The jurisdiction of the marine fisheries

28  commission as set forth in statutes in effect on March 1,

29  1998, shall be transferred to the fish and wildlife

30  conservation commission. The jurisdiction of the marine

31  fisheries commission transferred to the commission shall not

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    Florida Senate - 2006                                 SJR 2680
    24-1369-06                                              See HB




 1  be expanded except as provided by general law. All rules of

 2  the marine fisheries commission and game and fresh water fish

 3  commission in effect on the effective date of this amendment

 4  shall become rules of the fish and wildlife conservation

 5  commission until superseded or amended by the commission.

 6         (c)  On the effective date of the Department of the

 7  Interior created by the this amendment to Section 9 of Article

 8  IV, the fish and wildlife conservation marine fisheries

 9  commission and game and fresh water fish commission shall be

10  abolished.

11         (d)  This amendment shall take effect July 1, 1999.

12         SECTION 26.  Director of the interior.--The amendment

13  to Section 4 of Article IV to create the office of director of

14  the interior shall take effect January 6, 2009, with the

15  office to be initially filled for a 2-year term at the 2008

16  general election.

17                     CONSTITUTIONAL AMENDMENT

18                  ARTICLE IV, SECTIONS 4 AND 9;

19                 ARTICLE XII, SECTIONS 23 AND 26

20         DIRECTOR OF THE INTERIOR, DEPARTMENT OF THE INTERIOR

21  CREATED; FISH AND WILDLIFE CONSERVATION COMMISSION

22  ABOLISHED.--Proposing an amendment to the State Constitution

23  to create the Cabinet office of Director of the Interior for

24  the supervision of matters pertaining to the state's natural

25  resources, create a Department of the Interior to be

26  responsible for conserving and protecting the natural

27  resources and scenic beauty of the state, and abolish the Fish

28  and Wildlife Conservation Commission; to provide an effective

29  date of July 1, 2009, for the creation of the department and

30  the abolishment of the commission; and to provide an effective

31  date of January 6, 2009, for the creation of the Cabinet

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    Florida Senate - 2006                                 SJR 2680
    24-1369-06                                              See HB




 1  office of Director of the Interior, with the office to be

 2  filled at the 2008 general election to an initial term of 2

 3  years, with subsequent 4-year terms.

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