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 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, 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, and the 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, and the 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 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.