Florida Senate - 2022                                   SJR 1850
       By Senator Taddeo
       40-00221-22                                           20221850__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing amendments to Sections 3
    3         and 4 of Article IV and the creation of a new section
    4         in Article XII of the State Constitution to establish
    5         the position of Commissioner of Insurance as a
    6         statewide elected officer and to provide for the
    7         commissioner’s inclusion on the Cabinet.
    9  Be It Resolved by the Legislature of the State of Florida:
   11         That the following amendments to Sections 3 and 4 of
   12  Article IV and the creation of a new section in Article XII of
   13  the State Constitution are agreed to and shall be submitted to
   14  the electors of this state for approval or rejection at the next
   15  general election or at an earlier special election specifically
   16  authorized by law for that purpose:
   17                             ARTICLE IV                            
   18                              EXECUTIVE                            
   19         SECTION 3. Succession to office of governor; acting
   20  governor.—
   21         (a) Upon vacancy in the office of governor, the lieutenant
   22  governor shall become governor. Further succession to the office
   23  of governor shall be prescribed by law. A successor shall serve
   24  for the remainder of the term.
   25         (b) Upon impeachment of the governor and until completion
   26  of trial thereof, or during the governor’s physical or mental
   27  incapacity, the lieutenant governor shall act as governor.
   28  Further succession as acting governor shall be prescribed by
   29  law. Incapacity to serve as governor may be determined by the
   30  supreme court upon due notice after docketing of a written
   31  suggestion thereof by four three cabinet members, and in such
   32  case restoration of capacity shall be similarly determined after
   33  docketing of written suggestion thereof by the governor, the
   34  legislature or four three cabinet members. Incapacity to serve
   35  as governor may also be established by certificate filed with
   36  the custodian of state records by the governor declaring
   37  incapacity for physical reasons to serve as governor, and in
   38  such case restoration of capacity shall be similarly
   39  established.
   40         SECTION 4. Cabinet.—
   41         (a) There shall be a cabinet composed of an attorney
   42  general, a chief financial officer, and a commissioner of
   43  agriculture, and a commissioner of insurance. In addition to the
   44  powers and duties specified herein, they shall exercise such
   45  powers and perform such duties as may be prescribed by law. In
   46  the event of a tie vote of the governor and cabinet, the side on
   47  which the governor voted shall be deemed to prevail.
   48         (b) The attorney general shall be the chief state legal
   49  officer. There is created in the office of the attorney general
   50  the position of statewide prosecutor. The statewide prosecutor
   51  shall have concurrent jurisdiction with the state attorneys to
   52  prosecute violations of criminal laws occurring or having
   53  occurred, in two or more judicial circuits as part of a related
   54  transaction, or when any such offense is affecting or has
   55  affected two or more judicial circuits as provided by general
   56  law. The statewide prosecutor shall be appointed by the attorney
   57  general from not less than three persons nominated by the
   58  judicial nominating commission for the supreme court, or as
   59  otherwise provided by general law.
   60         (c) The chief financial officer shall serve as the chief
   61  fiscal officer of the state, and shall settle and approve
   62  accounts against the state, and shall keep all state funds and
   63  securities.
   64         (d) The commissioner of agriculture shall have supervision
   65  of matters pertaining to agriculture except as otherwise
   66  provided by law.
   67         (e) The commissioner of insurance shall have supervision of
   68  matters pertaining to insurance except as otherwise provided by
   69  law.
   70         (f) The governor as chair, the chief financial officer, and
   71  the attorney general shall constitute the state board of
   72  administration, which shall succeed to all the power, control,
   73  and authority of the state board of administration established
   74  pursuant to Article IX, Section 16 of the Constitution of 1885,
   75  and which shall continue as a body at least for the life of
   76  Article XII, Section 9(c).
   77         (g)(f) The governor as chair, the chief financial officer,
   78  the attorney general, and the commissioner of agriculture, and
   79  the commissioner of insurance shall constitute the trustees of
   80  the internal improvement trust fund and the land acquisition
   81  trust fund as provided by law.
   82         (h)(g) The governor as chair, the chief financial officer,
   83  the attorney general, and the commissioner of agriculture, and
   84  the commissioner of insurance shall constitute the agency head
   85  of the Department of Law Enforcement. The Office of Domestic
   86  Security and Counterterrorism is created within the Department
   87  of Law Enforcement. The Office of Domestic Security and
   88  Counterterrorism shall provide support for prosecutors and
   89  federal, state, and local law enforcement agencies that
   90  investigate or analyze information relating to attempts or acts
   91  of terrorism or that prosecute terrorism, and shall perform any
   92  other duties that are provided by law.
   93                             ARTICLE XII                           
   94                              SCHEDULE                             
   95         Election of commissioner of insurance.—
   96         (a) The amendment establishing the office of commissioner
   97  of insurance as an elected cabinet office shall take effect
   98  January 5, 2027, but shall govern with respect to the qualifying
   99  for and the holding of the 2026 primary and general elections
  100  for the office of commissioner of insurance.
  101         (b) Before January 5, 2027, the legislature shall enact
  102  implementing legislation that includes any conforming changes to
  103  the Florida Statutes necessitated by the election of the
  104  commissioner of insurance, including, but not limited to,
  105  revising the structure and powers of the Financial Services
  106  Commission.
  107         BE IT FURTHER RESOLVED that the following statement be
  108  placed on the ballot:
  109                      CONSTITUTIONAL AMENDMENT                     
  110                    ARTICLE IV, SECTIONS 3 AND 4                   
  111                             ARTICLE XII                           
  113  INSURANCE.—Proposing an amendment to the State Constitution to
  114  establish the office of Commissioner of Insurance as a statewide
  115  elected office, beginning with the 2026 election, and to include
  116  the commissioner as a member of the Cabinet. Requires the
  117  Legislature to implement the amendment by law. Currently, the
  118  commissioner is appointed by the Financial Services Commission
  119  and is not a member of the Cabinet, and the Office of Insurance
  120  Regulation is established under that commission.