HB 0739, Engrossed 1 |
2003 |
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A bill to be entitled |
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An act relating to succession to the office of Governor; |
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amending s. 14.055, F.S.; revising provisions relating to |
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succession to the office of Governor; reenacting s. |
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14.056, F.S., relating to succession as Acting Governor, |
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to provide for the same amendments to succession in office |
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as provided for succession to the office of Governor; |
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providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Section 14.055, Florida Statutes, is amended to |
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read: |
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14.055 Succession to office of Governor.-- |
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(1)Upon vacancy in the office of Governor, the Lieutenant |
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Governor shall become Governor. Upon vacancy in the office of |
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Governor and in the office of Lieutenant Governor, the order of |
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succession to the office of Governor shall be: |
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(a) Attorney General. |
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(b) Chief Financial Officer. |
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(c) Commissioner of Agriculture. |
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(d) President of the Senate. |
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(e) Speaker of the House of Representatives. |
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(f) President Pro Tempore of the Senate. |
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(g) Speaker Pro Tempore of the House of Representatives. |
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(h) Secretary of State. |
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(2) The taking of oath of office of Governor by an |
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individual specified in subsection (1) shall be held to |
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constitute his or her resignation from the office vacated in |
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order to assume the office of GovernorSecretary of State shall |
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become Governor; or if the office of Secretary of State be |
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vacant, then the Attorney General shall become Governor; or if |
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the office of Attorney General be vacant, then the Comptroller |
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shall become Governor; or if the office of Comptroller be |
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vacant, then the Treasurer shall become Governor; or if the |
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office of Treasurer be vacant, then the Commissioner of |
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Education shall become Governor; or if the office of |
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Commissioner of Education be vacant, then the Commissioner of |
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Agriculture shall become Governor. A successor under this |
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section shall serve for the remainder of the term and shall |
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receive all the rights, privileges,and emoluments of the |
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Governor. |
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(3)In case a vacancy shall occur in the office of |
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Governor and provision is not made herein for filling such |
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vacancy, then the presiding officersSpeaker of the House of |
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Representatives and the President ofthe Senate shall convene |
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the Legislature by joint proclamation within 5 calendar15days |
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for the purpose of choosing a person to serve as Governor for |
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the remainder of the term. A successor shall be elected by a |
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majority vote of those presentin a joint session of both |
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houses. |
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Section 2. For the purpose of incorporating the amendment |
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to section 14.055, Florida Statutes, section 14.056, Florida |
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Statutes, is reenacted to read: |
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14.056 Succession as Acting Governor.--Upon impeachment of |
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the Governor and until completion of trial thereof, or during |
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the Governor's physical or mental incapacity, the Lieutenant |
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Governor shall become Acting Governor. Upon impeachment or |
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physical or mental incapacity of an Acting Governor, or upon |
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vacancy in the office of the person serving as Acting Governor, |
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the powers and duties of Acting Governor shall devolve upon the |
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same officer as in the case of vacancy in the office of |
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Governor. A successor shall serve until the disability of either |
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the Lieutenant Governor or Governor ceases. Incapacity and |
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restoration of capacity to serve as Acting Governor shall be |
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determined in the same manner as in making such determinations |
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for Governor. In any case in which succession as Acting Governor |
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is not provided herein, the Speaker of the House and the |
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President of the Senate shall convene the Legislature by joint |
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proclamation within 15 days for the purpose of choosing a person |
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to serve as Acting Governor. Such person shall be elected by a |
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majority vote in a joint session of both houses. |
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Section 3. This act shall take effect upon becoming a law. |
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