| 1 | House Joint Resolution |
| 2 | A joint resolution proposing an amendment to Section 4 of |
| 3 | Article IV of the State Constitution, relating to the |
| 4 | duties of the Chief Financial Officer. |
| 5 |
|
| 6 | Be It Resolved by the Legislature of the State of Florida: |
| 7 |
|
| 8 | That the following amendment to Section 4 of Article IV of |
| 9 | the State Constitution is agreed to and shall be submitted to |
| 10 | the electors of this state for approval or rejection at the next |
| 11 | general election or at an earlier special election specifically |
| 12 | authorized by law for that purpose: |
| 13 | ARTICLE IV |
| 14 | EXECUTIVE |
| 15 | SECTION 4. Cabinet.- |
| 16 | (a) There shall be a cabinet composed of an attorney |
| 17 | general, a chief financial officer, and a commissioner of |
| 18 | agriculture. In addition to the powers and duties specified |
| 19 | herein, they shall exercise such powers and perform such duties |
| 20 | as may be prescribed by law. In the event of a tie vote of the |
| 21 | governor and cabinet, the side on which the governor voted shall |
| 22 | be deemed to prevail. |
| 23 | (b) The attorney general shall be the chief state legal |
| 24 | officer. There is created in the office of the attorney general |
| 25 | the position of statewide prosecutor. The statewide prosecutor |
| 26 | shall have concurrent jurisdiction with the state attorneys to |
| 27 | prosecute violations of criminal laws occurring or having |
| 28 | occurred, in two or more judicial circuits as part of a related |
| 29 | transaction, or when any such offense is affecting or has |
| 30 | affected two or more judicial circuits as provided by general |
| 31 | law. The statewide prosecutor shall be appointed by the attorney |
| 32 | general from not less than three persons nominated by the |
| 33 | judicial nominating commission for the supreme court, or as |
| 34 | otherwise provided by general law. |
| 35 | (c) The chief financial officer shall serve as the chief |
| 36 | fiscal officer of the state, and shall settle and approve |
| 37 | accounts against the state, and shall keep all state funds and |
| 38 | securities. It is a paramount duty of the state to collect, |
| 39 | maintain, and make available accurate, verifiable, and auditable |
| 40 | state and local government financial information. Accordingly, |
| 41 | the chief financial officer shall: |
| 42 | (1) Establish and maintain uniform accounting of funds for |
| 43 | the legislative and judicial branches and all state agencies, |
| 44 | state universities, state and community colleges, school |
| 45 | districts, water management districts, other local governments, |
| 46 | and all statutorily authorized governmental entities; and |
| 47 | (2) Supervise matters pertaining to the accounting of |
| 48 | funds, except as otherwise provided by law. Enforcement |
| 49 | mechanisms involving financial or budgetary restrictions that |
| 50 | ensure compliance with accounting procedures and financial |
| 51 | requirements may be imposed as provided by general law. |
| 52 | (d) The commissioner of agriculture shall have supervision |
| 53 | of matters pertaining to agriculture except as otherwise |
| 54 | provided by law. |
| 55 | (e) The governor as chair, the chief financial officer, |
| 56 | and the attorney general shall constitute the state board of |
| 57 | administration, which shall succeed to all the power, control, |
| 58 | and authority of the state board of administration established |
| 59 | pursuant to Article IX, Section 16 of the Constitution of 1885, |
| 60 | and which shall continue as a body at least for the life of |
| 61 | Article XII, Section 9(c). |
| 62 | (f) The governor as chair, the chief financial officer, |
| 63 | the attorney general, and the commissioner of agriculture shall |
| 64 | constitute the trustees of the internal improvement trust fund |
| 65 | and the land acquisition trust fund as provided by law. |
| 66 | (g) The governor as chair, the chief financial officer, |
| 67 | the attorney general, and the commissioner of agriculture shall |
| 68 | constitute the agency head of the Department of Law Enforcement. |
| 69 | BE IT FURTHER RESOLVED that the following statement be |
| 70 | placed on the ballot: |
| 71 | CONSTITUTIONAL AMENDMENT |
| 72 | ARTICLE IV, SECTION 4 |
| 73 | DUTIES OF THE CHIEF FINANCIAL OFFICER.-Proposing an |
| 74 | amendment to the State Constitution to require the Chief |
| 75 | Financial Officer to establish and maintain uniform accounting |
| 76 | of funds for the legislative and judicial branches and all |
| 77 | governmental entities and supervise such accounting, and to |
| 78 | authorize the enforcement of financial and budgetary |
| 79 | restrictions provided by law which ensure compliance with |
| 80 | accounting procedures and financial requirements. |