Senate Bill sb0388c1
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Florida Senate - 2007 CS for SJR 388
By the Committee on Education Pre-K - 12; and Senators Wilson
and Bullard
581-1908-07
1 Senate Joint Resolution
2 A joint resolution proposing amendments to
3 Section 4 of Article IV and Section 2 of
4 Article IX of the State Constitution to create
5 the position of Commissioner of Education, who
6 will be an elected member of the Cabinet.
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8 Be It Resolved by the Legislature of the State of Florida:
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10 That the following amendments to Section 4 of Article
11 IV and Section 2 of Article IX of the State Constitution are
12 agreed to, shall be submitted to the electors of this state
13 for approval or rejection at the next general election or at
14 an earlier special election specifically authorized by law for
15 that purpose, and, if approved, shall take effect January 4,
16 2011, with the office of Commissioner of Education filled
17 initially at the 2010 general election:
18 ARTICLE IV
19 EXECUTIVE
20 SECTION 4. Cabinet.--
21 (a) There shall be a cabinet composed of an attorney
22 general, a chief financial officer, and a commissioner of
23 agriculture, and a commissioner of education. In addition to
24 the powers and duties specified herein, they shall exercise
25 such powers and perform such duties as may be prescribed by
26 law. In the event of a tie vote of the governor and cabinet,
27 the side on which the governor voted shall be deemed to
28 prevail.
29 (b) The attorney general shall be the chief state
30 legal officer. There is created in the office of the attorney
31 general the position of statewide prosecutor. The statewide
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Florida Senate - 2007 CS for SJR 388
581-1908-07
1 prosecutor shall have concurrent jurisdiction with the state
2 attorneys to prosecute violations of criminal laws occurring
3 or having occurred, in two or more judicial circuits as part
4 of a related transaction, or when any such offense is
5 affecting or has affected two or more judicial circuits as
6 provided by general law. The statewide prosecutor shall be
7 appointed by the attorney general from not fewer less than
8 three persons nominated by the judicial nominating commission
9 for the supreme court, or as otherwise provided by general
10 law.
11 (c) The chief financial officer shall serve as the
12 chief fiscal officer of the state, and shall settle and
13 approve accounts against the state, and shall keep all state
14 funds and securities.
15 (d) The commissioner of agriculture shall have
16 supervision of matters pertaining to agriculture except as
17 otherwise provided by law.
18 (e) The commissioner of education shall supervise the
19 free public education system in the manner prescribed by law.
20 (f)(e) The governor as chair, the chief financial
21 officer, and the attorney general shall constitute the state
22 board of administration, which shall succeed to all the power,
23 control, and authority of the state board of administration
24 established pursuant to Article IX, Section 16 of the
25 Constitution of 1885, and which shall continue as a body at
26 least for the life of Article XII, Section 9(c).
27 (g)(f) The governor as chair, the chief financial
28 officer, the attorney general, and the commissioner of
29 agriculture shall constitute the trustees of the internal
30 improvement trust fund and the land acquisition trust fund as
31 provided by law.
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Florida Senate - 2007 CS for SJR 388
581-1908-07
1 (h)(g) The governor as chair, the chief financial
2 officer, the attorney general, and the commissioner of
3 agriculture shall constitute the agency head of the Department
4 of Law Enforcement.
5 ARTICLE IX
6 EDUCATION
7 SECTION 2. State board of education.--The state board
8 of education shall be a body corporate and have such
9 supervision of the system of free public education as is
10 provided by law. The state board of education shall consist of
11 seven members appointed by the governor to staggered 4-year
12 terms, subject to confirmation by the senate. The state board
13 of education shall appoint the commissioner of education.
14 BE IT FURTHER RESOLVED that the following statement be
15 placed on the ballot:
16 CONSTITUTIONAL AMENDMENT
17 ARTICLE IV, SECTION 4
18 ARTICLE IX, SECTION 2
19 COMPOSITION OF CABINET; OFFICE OF COMMISSIONER OF
20 EDUCATION.--Proposing an amendment to the State Constitution
21 to create the office of Commissioner of Education, who will be
22 an elected member of the Cabinet and responsible for the
23 supervision of the free public education system in the manner
24 prescribed by law, and to delete the power of the state board
25 of education to appoint the Commissioner of Education.
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Florida Senate - 2007 CS for SJR 388
581-1908-07
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Joint Resolution 388
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4 This committee substitute removes a conflicting requirement
that the State Board of Education appoint the Commissioner of
5 Education, contained in Section 2 of Article IX of the State
Constitution. This bill also clarifies that the Commissioner
6 of Education has supervisory authority over the free public
education system, as provided by law.
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