| 1 | House Joint Resolution |
| 2 | A joint resolution proposing amendments to Sections 3 |
| 3 | and 4 of Article IV and Section 2 of Article IX and |
| 4 | the creation of a new Section in Article XII of the |
| 5 | State Constitution to provide for the election of the |
| 6 | Commissioner of Education and the inclusion of the |
| 7 | commissioner as a member of the Cabinet. |
| 8 |
|
| 9 | Be It Resolved by the Legislature of the State of Florida: |
| 10 |
|
| 11 | That the following amendments to Sections 3 and 4 of |
| 12 | Article IV and Section 2 of Article IX and the creation of a new |
| 13 | Section in Article XII of the State Constitution are agreed to |
| 14 | and shall be submitted to the electors of this state for |
| 15 | approval or rejection at the next general election or at an |
| 16 | earlier special election specifically authorized by law for that |
| 17 | purpose: |
| 18 | ARTICLE IV |
| 19 | EXECUTIVE |
| 20 | SECTION 3. Succession to office of governor; acting |
| 21 | governor.- |
| 22 | (a) Upon vacancy in the office of governor, the lieutenant |
| 23 | governor shall become governor. Further succession to the office |
| 24 | of governor shall be prescribed by law. A successor shall serve |
| 25 | for the remainder of the term. |
| 26 | (b) Upon impeachment of the governor and until completion |
| 27 | of trial thereof, or during the governor's physical or mental |
| 28 | incapacity, the lieutenant governor shall act as governor. |
| 29 | Further succession as acting governor shall be prescribed by |
| 30 | law. Incapacity to serve as governor may be determined by the |
| 31 | supreme court upon due notice after docketing of a written |
| 32 | suggestion thereof by four three cabinet members, and in such |
| 33 | case restoration of capacity shall be similarly determined after |
| 34 | docketing of written suggestion thereof by the governor, the |
| 35 | legislature or four three cabinet members. Incapacity to serve |
| 36 | as governor may also be established by certificate filed with |
| 37 | the custodian of state records by the governor declaring |
| 38 | incapacity for physical reasons to serve as governor, and in |
| 39 | such case restoration of capacity shall be similarly |
| 40 | established. |
| 41 | SECTION 4. Cabinet.- |
| 42 | (a) There shall be a cabinet composed of an attorney |
| 43 | general, a chief financial officer, and a commissioner of |
| 44 | agriculture, and a commissioner of education. In addition to the |
| 45 | powers and duties specified herein, they shall exercise such |
| 46 | powers and perform such duties as may be prescribed by law. In |
| 47 | the event of a tie vote of the governor and cabinet, the side on |
| 48 | which the governor voted shall be deemed to prevail. |
| 49 | (b) The attorney general shall be the chief state legal |
| 50 | officer. There is created in the office of the attorney general |
| 51 | the position of statewide prosecutor. The statewide prosecutor |
| 52 | shall have concurrent jurisdiction with the state attorneys to |
| 53 | prosecute violations of criminal laws occurring or having |
| 54 | occurred, in two or more judicial circuits as part of a related |
| 55 | transaction, or when any such offense is affecting or has |
| 56 | affected two or more judicial circuits as provided by general |
| 57 | law. The statewide prosecutor shall be appointed by the attorney |
| 58 | general from not less than three persons nominated by the |
| 59 | judicial nominating commission for the supreme court, or as |
| 60 | otherwise provided by general law. |
| 61 | (c) The chief financial officer shall serve as the chief |
| 62 | fiscal officer of the state, and shall settle and approve |
| 63 | accounts against the state, and shall keep all state funds and |
| 64 | securities. |
| 65 | (d) The commissioner of agriculture shall have supervision |
| 66 | of matters pertaining to agriculture except as otherwise |
| 67 | provided by law. |
| 68 | (e) The governor as chair, the chief financial officer, |
| 69 | and the attorney general shall constitute the state board of |
| 70 | administration, which shall succeed to all the power, control, |
| 71 | and authority of the state board of administration established |
| 72 | pursuant to Article IX, Section 16 of the Constitution of 1885, |
| 73 | and which shall continue as a body at least for the life of |
| 74 | Article XII, Section 9(c). |
| 75 | (f) The governor as chair, the chief financial officer, |
| 76 | the attorney general, and the commissioner of agriculture, and |
| 77 | the commissioner of education shall constitute the trustees of |
| 78 | the internal improvement trust fund and the land acquisition |
| 79 | trust fund as provided by law. |
| 80 | (g) The governor as chair, the chief financial officer, |
| 81 | the attorney general, and the commissioner of agriculture, and |
| 82 | the commissioner of education shall constitute the agency head |
| 83 | of the Department of Law Enforcement. |
| 84 | (h) The commissioner of education shall supervise the |
| 85 | public education system in the manner prescribed by law. |
| 86 | ARTICLE IX |
| 87 | EDUCATION |
| 88 | SECTION 2. State board of education.-The governor and the |
| 89 | members of the cabinet shall constitute a state board of |
| 90 | education, which shall be a body corporate and have such |
| 91 | supervision of the system of free public education as is |
| 92 | provided by law. The state board of education shall consist of |
| 93 | seven members appointed by the governor to staggered 4-year |
| 94 | terms, subject to confirmation by the senate. The state board of |
| 95 | education shall appoint the commissioner of education. |
| 96 | ARTICLE XII |
| 97 | SCHEDULE |
| 98 | Commissioner of education.-The amendments Sections 3 and 4 |
| 99 | of Article IV and Section 2 of Article IX providing for the |
| 100 | election of a commissioner of education as a member of the |
| 101 | cabinet shall take effect January 6, 2015, but shall govern with |
| 102 | respect to the qualifying for and the holding of the primary |
| 103 | election for the commissioner of education in 2014. |
| 104 | BE IT FURTHER RESOLVED that the following statement be |
| 105 | placed on the ballot: |
| 106 | CONSTITUTIONAL AMENDMENT |
| 107 | ARTICLE IV, SECTIONS 3 and 4 |
| 108 | ARTICLE IX, SECTION 2 |
| 109 | ARTICLE XII |
| 110 | COMMISSIONER OF EDUCATION.-This proposed amendment to the |
| 111 | State Constitution provides for the statewide election of the |
| 112 | Commissioner of Education and the inclusion of the Commissioner |
| 113 | of Education as a member of the Cabinet of this state. |
| 114 | Currently, the Commissioner of Education is appointed by |
| 115 | the Board of Education, whose members are appointed by the |
| 116 | Governor and confirmed by the Senate. The amendment provides for |
| 117 | the Commissioner of Education to supervise the state education |
| 118 | system in the manner provided by law. The amendment further |
| 119 | provides that the Governor and Cabinet will constitute the State |
| 120 | Board of Education. |
| 121 | Lastly, the existing members of the Cabinet are on the |
| 122 | Board of Trustees of the Internal Improvement Trust Fund and the |
| 123 | Land Acquisition Trust Fund and are components of the head of |
| 124 | the Department of Law Enforcement. This amendment includes the |
| 125 | Commissioner of Education as a member of the Board of Trustees |
| 126 | of the Internal Improvement Trust Fund and the Land Acquisition |
| 127 | Trust Fund and as a component of the head of the Department of |
| 128 | Law Enforcement. |