HJR 7129

1
House Joint Resolution
2A joint resolution proposing the amendment of Section 11
3of Article III, Sections 4 and 9 of Article IV, and
4Section 23 of Article XII and the creation of Section 26
5of Article XII of the State Constitution to create the
6Cabinet office of Commissioner of the Interior, create a
7Department of the Interior, and remove the constitutional
8mandate for a Fish and Wildlife Conservation Commission.
9
10Be It Resolved by the Legislature of the State of Florida:
11
12     That the following amendment of Section 11 of Article III,
13Sections 4 and 9 of Article IV, and Section 23 of Article XII
14and the creation of Section 26 of Article XII of the State
15Constitution are agreed to and shall be submitted to the
16electors of this state for approval or rejection at the next
17general election or at an earlier special election specifically
18authorized by law for that purpose:
19
ARTICLE III
20
LEGISLATURE
21     SECTION 11.  Prohibited special laws.--
22     (a)  There shall be no special law or general law of local
23application pertaining to:
24     (1)  election, jurisdiction or duties of officers, except
25officers of municipalities, chartered counties, special
26districts or local governmental agencies;
27     (2)  assessment or collection of taxes for state or county
28purposes, including extension of time therefor, relief of tax
29officers from due performance of their duties, and relief of
30their sureties from liability;
31     (3)  rules of evidence in any court;
32     (4)  punishment for crime;
33     (5)  petit juries, including compensation of jurors, except
34establishment of jury commissions;
35     (6)  change of civil or criminal venue;
36     (7)  conditions precedent to bringing any civil or criminal
37proceedings, or limitations of time therefor;
38     (8)  refund of money legally paid or remission of fines,
39penalties or forfeitures;
40     (9)  creation, enforcement, extension or impairment of
41liens based on private contracts, or fixing of interest rates on
42private contracts;
43     (10)  disposal of public property, including any interest
44therein, for private purposes;
45     (11)  vacation of roads;
46     (12)  private incorporation or grant of privilege to a
47private corporation;
48     (13)  effectuation of invalid deeds, wills or other
49instruments, or change in the law of descent;
50     (14)  change of name of any person;
51     (15)  divorce;
52     (16)  legitimation or adoption of persons;
53     (17)  relief of minors from legal disabilities;
54     (18)  transfer of any property interest of persons under
55legal disabilities or of estates of decedents;
56     (19)  hunting or fresh water fishing;
57     (20)  regulation of occupations which are regulated by a
58state agency; or
59     (21)  any subject when prohibited by general law passed by
60a three-fifths vote of the membership of each house. Such law
61may be amended or repealed by like vote.
62     (b)  In the enactment of general laws on other subjects,
63political subdivisions or other governmental entities may be
64classified only on a basis reasonably related to the subject of
65the law.
66
ARTICLE IV
67
EXECUTIVE
68     SECTION 4.  Cabinet.--
69     (a)  There shall be a cabinet composed of an attorney
70general, a chief financial officer, a commissioner of the
71interior, and a commissioner of agriculture. In addition to the
72powers and duties specified herein, they shall exercise such
73powers and perform such duties as may be prescribed by law. In
74the event of a tie vote of the governor and cabinet, the side on
75which the governor voted shall be deemed to prevail.
76     (b)  The attorney general shall be the chief state legal
77officer. There is created in the office of the attorney general
78the position of statewide prosecutor. The statewide prosecutor
79shall have concurrent jurisdiction with the state attorneys to
80prosecute violations of criminal laws occurring or having
81occurred, in two or more judicial circuits as part of a related
82transaction, or when any such offense is affecting or has
83affected two or more judicial circuits as provided by general
84law. The statewide prosecutor shall be appointed by the attorney
85general from not less than three persons nominated by the
86judicial nominating commission for the supreme court, or as
87otherwise provided by general law.
88     (c)  The chief financial officer shall serve as the chief
89fiscal officer of the state, and shall settle and approve
90accounts against the state, and shall keep all state funds and
91securities.
92     (d)  The commissioner of agriculture shall have supervision
93of matters pertaining to agriculture except as otherwise
94provided by law.
95     (e)  The commissioner of the interior shall have
96supervision of matters pertaining to the state's natural
97resources and scenic beauty, including fish and wildlife, except
98as otherwise provided by law.
99     (f)(e)  The governor as chair, the chief financial officer,
100and the attorney general shall constitute the state board of
101administration, which shall succeed to all the power, control,
102and authority of the state board of administration established
103pursuant to Article IX, Section 16 of the Constitution of 1885,
104and which shall continue as a body at least for the life of
105Article XII, Section 9(c).
106     (g)(f)  The governor as chair, the chief financial officer,
107the attorney general, the commissioner of the interior, and the
108commissioner of agriculture shall constitute the trustees of the
109internal improvement trust fund and the land acquisition trust
110fund as provided by law.
111     (h)(g)  The governor as chair, the chief financial officer,
112the attorney general, the commissioner of the interior, and the
113commissioner of agriculture shall constitute the agency head of
114the Department of Law Enforcement.
115     SECTION 9.  Department of the Interior Fish and wildlife
116conservation commission.--There shall be a Department of the
117Interior to be responsible for conserving and protecting the
118state's natural resources and scenic beauty, including fish and
119wildlife, except as otherwise provided by law fish and wildlife
120conservation commission, composed of seven members appointed by
121the governor, subject to confirmation by the senate for
122staggered terms of five years. The commission shall exercise the
123regulatory and executive powers of the state with respect to
124wild animal life and fresh water aquatic life, and shall also
125exercise regulatory and executive powers of the state with
126respect to marine life, except that all license fees for taking
127wild animal life, fresh water aquatic life, and marine life and
128penalties for violating regulations of the commission shall be
129prescribed by general law. The commission shall establish
130procedures to ensure adequate due process in the exercise of its
131regulatory and executive functions. The legislature may enact
132laws in aid of the commission, not inconsistent with this
133section, except that there shall be no special law or general
134law of local application pertaining to hunting or fishing. The
135commission's exercise of executive powers in the area of
136planning, budgeting, personnel management, and purchasing shall
137be as provided by law. Revenue derived from license fees for the
138taking of wild animal life and fresh water aquatic life shall be
139appropriated to the commission by the legislature for the
140purposes of management, protection, and conservation of wild
141animal life and fresh water aquatic life. Revenue derived from
142license fees relating to marine life shall be appropriated by
143the legislature for the purposes of management, protection, and
144conservation of marine life as provided by law. The commission
145shall not be a unit of any other state agency and shall have its
146own staff, which includes management, research, and enforcement.
147Unless provided by general law, the commission shall have no
148authority to regulate matters relating to air and water
149pollution.
150
ARTICLE XII
151
SCHEDULE
152     SECTION 23.  Department of the Interior Fish and wildlife
153conservation commission.--
154     (a)  The initial members of the commission shall be the
155members of the game and fresh water fish commission and the
156marine fisheries commission who are serving on those commissions
157on the effective date of this amendment, who may serve the
158remainder of their respective terms. New appointments to the
159commission shall not be made until the retirement, resignation,
160removal, or expiration of the terms of the initial members
161results in fewer than seven members remaining.
162     (b)  The jurisdiction of the marine fisheries commission as
163set forth in statutes in effect on March 1, 1998, shall be
164transferred to the fish and wildlife conservation commission.
165The jurisdiction of the marine fisheries commission transferred
166to the commission shall not be expanded except as provided by
167general law. All rules of the marine fisheries commission and
168game and fresh water fish commission in effect on the effective
169date of this amendment shall become rules of the fish and
170wildlife conservation commission until superseded or amended by
171the commission.
172     (c)  The creation of the Department of the Interior
173pursuant to the amendment to Section 9 of Article IV shall take
174effect July 1, 2009, and on that the effective date of this
175amendment, the constitutional mandate for a fish and wildlife
176conservation marine fisheries commission and game and fresh
177water fish commission shall be removed abolished.
178     (d)  This amendment shall take effect July 1, 1999.
179     SECTION 26.  Commissioner of the Interior.--The amendment
180to Section 4 of Article IV to create the Cabinet office of
181commissioner of the interior shall take effect January 6, 2009,
182with the office to be initially filled for a 2-year term at the
1832008 general election.
184
CONSTITUTIONAL AMENDMENT
185
ARTICLE III, SECTION 11
186
ARTICLE IV, SECTIONS 4 AND 9
187
ARTICLE XII, SECTIONS 23 AND 26
188     CONSERVATION AND PROTECTION OF NATURAL RESOURCES AND SCENIC
189BEAUTY, INCLUDING FISH AND WILDLIFE.--Proposing amendment of the
190State Constitution to create a Department of the Interior to be
191responsible for conserving and protecting the state's natural
192resources and scenic beauty, including fish and wildlife, except
193as otherwise provided by law; to create the office of
194Commissioner of the Interior, a Cabinet office filled by
195statewide election, to have supervision of matters pertaining to
196the state's natural resources and scenic beauty, including fish
197and wildlife, except as otherwise provided by law, and to serve
198with the Governor and other Cabinet officers as the State Board
199of Administration, as Trustees of the Internal Improvement Trust
200Fund and the Land Acquisition Trust Fund, and as the agency head
201of the Department of Law Enforcement; to remove the
202constitutional mandate for a Fish and Wildlife Conservation
203Commission charged with overseeing matters relating to fish and
204wildlife; to preserve the prohibition against any special law or
205general law of local application relating to hunting or fishing;
206and to provide an effective date of July 1, 2009, for the
207creation of the Department of the Interior and an effective date
208of January 6, 2009, for the creation of the Cabinet office of
209Commissioner of the Interior, with the office to be filled at
210the 2008 general election to an initial term of 2 years, with
211subsequent 4-year terms.


CODING: Words stricken are deletions; words underlined are additions.