Florida Senate - 2013                                    SJR 638
       
       
       
       By Senator Soto
       
       
       
       
       14-00943-13                                            2013638__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 1
    3         of Article IV of the State Constitution to remove the
    4         Governor’s constitutional authority to fill a vacancy
    5         in an appointed or elected county office.
    6  
    7  Be It Resolved by the Legislature of the State of Florida:
    8  
    9         That the following amendment to Section 1 of Article IV of
   10  the State Constitution is agreed to and shall be submitted to
   11  the electors of this state for approval or rejection at the next
   12  general election or at an earlier special election specifically
   13  authorized by law for that purpose:
   14                             ARTICLE IV                            
   15                              EXECUTIVE                            
   16         SECTION 1. Governor.—
   17         (a) The supreme executive power shall be vested in a
   18  governor, who shall be commander-in-chief of all military forces
   19  of the state not in active service of the United States. The
   20  governor shall take care that the laws be faithfully executed,
   21  commission all officers of the state and counties, and transact
   22  all necessary business with the officers of government. The
   23  governor may require information in writing from all executive
   24  or administrative state, county or municipal officers upon any
   25  subject relating to the duties of their respective offices. The
   26  governor shall be the chief administrative officer of the state
   27  responsible for the planning and budgeting for the state.
   28         (b) The governor may initiate judicial proceedings in the
   29  name of the state against any executive or administrative state,
   30  county or municipal officer to enforce compliance with any duty
   31  or restrain any unauthorized act.
   32         (c) The governor may request in writing the opinion of the
   33  justices of the supreme court as to the interpretation of any
   34  portion of this constitution upon any question affecting the
   35  governor’s executive powers and duties. The justices shall,
   36  subject to their rules of procedure, permit interested persons
   37  to be heard on the questions presented and shall render their
   38  written opinion not earlier than ten days from the filing and
   39  docketing of the request, unless in their judgment the delay
   40  would cause public injury.
   41         (d) The governor shall have power to call out the militia
   42  to preserve the public peace, execute the laws of the state,
   43  suppress insurrection, or repel invasion.
   44         (e) The governor shall by message at least once in each
   45  regular session inform the legislature concerning the condition
   46  of the state, propose such reorganization of the executive
   47  department as will promote efficiency and economy, and recommend
   48  measures in the public interest.
   49         (f) When not otherwise provided for in this constitution,
   50  the governor shall fill by appointment any vacancy in state or
   51  county office for the remainder of the term of an appointive
   52  office, and for the remainder of the term of an elective office
   53  if less than twenty-eight months, otherwise until the first
   54  Tuesday after the first Monday following the next general
   55  election.
   56         BE IT FURTHER RESOLVED that the following statement be
   57  placed on the ballot:
   58                      CONSTITUTIONAL AMENDMENT                     
   59                        ARTICLE IV, SECTION 1                      
   60         REMOVING THE GOVERNOR’S CONSTITUTIONAL AUTHORITY TO FILL A
   61  VACANCY IN A COUNTY OFFICE.—The State Constitution currently
   62  authorizes the Governor to fill by appointment any vacancy in a
   63  county office for the remainder of the term of an appointive
   64  office and for the remainder of the term of an elective office
   65  if less than 28 months remain in the term. This proposed
   66  amendment removes that authority from the Governor as a
   67  constitutional power, which would allow a vacancy in a county
   68  office to be filled as otherwise provided by law.