Florida Senate - 2012 SJR 96 By Senator Negron 28-00011-12 201296__ 1 Senate 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
threecabinet 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 threecabinet 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, anda 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, and 69 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, the 76 attorney general, andthe commissioner of agriculture, and the 77 commissioner of education shall constitute the trustees of the 78 internal improvement trust fund and the land acquisition trust 79 fund as provided by law. 80 (g) The governor as chair, the chief financial officer, the 81 attorney general, andthe commissioner of agriculture, and the 82 commissioner of education shall constitute the agency head of 83 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 of93 seven members appointed by the governor to staggered 4-year94 terms, subject to confirmation by the senate. The state board of95 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.