Senate Bill sb0388c2

    Florida Senate - 2007                    CS for CS for SJR 388

    By the Committees on Governmental Operations; Education Pre-K
    - 12; and Senators Wilson and Bullard




    585-1996-07

  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.

  7  

  8  Be It Resolved by the Legislature of the State of Florida:

  9  

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

                                  1

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






    Florida Senate - 2007                    CS for CS for SJR 388
    585-1996-07




 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.

                                  2

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






    Florida Senate - 2007                    CS for CS for SJR 388
    585-1996-07




 1         (h)(g)  The governor as chair, the chief financial

 2  officer, the commissioner of education, the attorney general,

 3  and the commissioner of agriculture shall constitute the

 4  agency head of the Department 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.

26  

27          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
28                            CS/SJR 388

29                                 

30  The commissioner of education is added as part of the
    collegial head of the Florida Department of Law Enforcement.
31  

                                  3

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