Senate Bill sb0262
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Florida Senate - 2007 SJR 262
By Senator Geller
31-341-07
1 Senate Joint Resolution
2 A joint resolution proposing an amendment to
3 Section 4 of Article IV of the State
4 Constitution to create the position of
5 Insurance Commissioner, who will be an elected
6 member of the Cabinet, and the creation of
7 Section 8 of Article VI of the State
8 Constitution to prohibit certain campaign
9 contributions to or solicitation of certain
10 campaign contributions by or on behalf of
11 candidates for the office of Insurance
12 Commissioner.
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14 Be It Resolved by the Legislature of the State of Florida:
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16 That the following amendment to Section 4 of Article IV
17 and the creation of Section 8 of Article VI of the State
18 Constitution are agreed to, shall be submitted to the electors
19 of this state for approval or rejection at the next general
20 election or at an earlier special election specifically
21 authorized by law for that purpose, and, if approved, shall
22 take effect January 6, 2009, with the office of Insurance
23 Commissioner filled initially for a 2-year term at the 2008
24 general election:
25 ARTICLE IV
26 EXECUTIVE
27 SECTION 4. Cabinet.--
28 (a) There shall be a cabinet composed of an attorney
29 general, a chief financial officer, and a commissioner of
30 agriculture, and an insurance commissioner. In addition to the
31 powers and duties specified herein, they shall exercise such
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Florida Senate - 2007 SJR 262
31-341-07
1 powers and perform such duties as may be prescribed by law. In
2 the event of a tie vote of the governor and cabinet, the side
3 on which the governor voted shall be deemed to prevail.
4 (b) The attorney general shall be the chief state
5 legal officer. There is created in the office of the attorney
6 general the position of statewide prosecutor. The statewide
7 prosecutor shall have concurrent jurisdiction with the state
8 attorneys to prosecute violations of criminal laws occurring
9 or having occurred, in two or more judicial circuits as part
10 of a related transaction, or when any such offense is
11 affecting or has affected two or more judicial circuits as
12 provided by general law. The statewide prosecutor shall be
13 appointed by the attorney general from not fewer less than
14 three persons nominated by the judicial nominating commission
15 for the supreme court, or as otherwise provided by general
16 law.
17 (c) The chief financial officer shall serve as the
18 chief fiscal officer of the state, and shall settle and
19 approve accounts against the state, and shall keep all state
20 funds and securities.
21 (d) The commissioner of agriculture shall have
22 supervision of matters pertaining to agriculture except as
23 otherwise provided by law.
24 (e) The insurance commissioner shall have control and
25 supervision of matters relating to the state fire marshal,
26 risk management, insurance regulation, insurance fraud,
27 rehabilitation and liquidation of insurers, insurance agents
28 and agency services, consumer services, workers' compensation,
29 insurance consumer advocacy, and funeral and cemetery
30 services.
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Florida Senate - 2007 SJR 262
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1 (f)(e) The governor as chair, the chief financial
2 officer, and the attorney general shall constitute the state
3 board of administration, which shall succeed to all the power,
4 control, and authority of the state board of administration
5 established pursuant to Article IX, Section 16 of the
6 Constitution of 1885, and which shall continue as a body at
7 least for the life of Article XII, Section 9(c).
8 (g)(f) The governor as chair, the chief financial
9 officer, the attorney general, and the commissioner of
10 agriculture shall constitute the trustees of the internal
11 improvement trust fund and the land acquisition trust fund as
12 provided by law.
13 (h)(g) The governor as chair, the chief financial
14 officer, the attorney general, and the commissioner of
15 agriculture shall constitute the agency head of the Department
16 of Law Enforcement.
17 ARTICLE VI
18 SUFFRAGE AND ELECTIONS
19 SECTION 8.--Insurance commissioner candidates; campaign
20 contributions prohibited.--An insurance company, a company
21 engaged in the business of funeral or cemetery service, or any
22 other business or company that is under the control and
23 supervision of the insurance commissioner, or any employee or
24 agent of such a company or business, may not make or solicit a
25 contribution for any election to or on behalf of any candidate
26 for the office of insurance commissioner. A candidate for the
27 office of insurance commissioner, or any employee of the
28 insurance commissioner or of any state agency under the
29 control and supervision of the insurance commissioner, may not
30 solicit or accept a campaign contribution from any such
31 company, business, employee, or agent. This section does not
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Florida Senate - 2007 SJR 262
31-341-07
1 prevent any candidate for the office of insurance commissioner
2 or member of that candidate's immediate family from
3 contributing to that candidate's campaign as otherwise
4 permitted by law.
5 BE IT FURTHER RESOLVED that the following statement be
6 placed on the ballot:
7 CONSTITUTIONAL AMENDMENT
8 ARTICLE IV, SECTION 4; ARTICLE VI, SECTION 8
9 CREATING CABINET OFFICE OF INSURANCE COMMISSIONER;
10 LIMITING CAMPAIGN CONTRIBUTIONS TO CANDIDATES FOR SUCH
11 OFFICE.--Proposing an amendment to the State Constitution to
12 create the office of Insurance Commissioner, who will be an
13 elected member of the Cabinet and responsible for the control
14 and supervision of the State Fire Marshal, risk management,
15 insurance regulation, insurance fraud, rehabilitation and
16 liquidation of insurers, insurance agents and agency services,
17 consumer services, workers' compensation, insurance consumer
18 advocacy, and funeral and cemetery services. The amendment
19 will also prohibit campaign contributions to, or solicitation
20 of campaign contributions by or on behalf of, candidates for
21 the office of Insurance Commissioner from insurance companies,
22 funeral or cemetery service companies, and other businesses or
23 companies under the control and supervision of the Insurance
24 Commissioner and their employees and agents.
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