HJR 33A

1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 4 of
3	Article IV of the State Constitution to create the
4	position of Insurance Commissioner, an elected member of
5	the Cabinet, the creation of Section 8 of Article VI of
6	the State Constitution to prohibit certain campaign
7	contributions to or solicitation of certain campaign
8	contributions by or on behalf of candidates for the office
9	of Insurance Commissioner, and the creation of Section 27
10	of Article XII to provide an effective date and for
11	filling the initial term for the office of Insurance
12	Commissioner.
13
14	Be It Resolved by the Legislature of the State of Florida:
15
16	That the following amendment to Section 4 of Article IV and
17	the creation of Section 8 of Article VI and Section 27 of
18	Article XII of the State Constitution are agreed to and shall be
19	submitted to the electors of this state for approval or
20	rejection at the next general election or at an earlier special
21	election specifically authorized by law for that purpose:
22	ARTICLE IV
23	EXECUTIVE
24	SECTION 4.  Cabinet.--
25	(a)  There shall be a cabinet composed of an attorney
26	general, a chief financial officer, and a commissioner of
27	agriculture, and an insurance commissioner. In addition to the
28	powers and duties specified herein, they shall exercise such
29	powers and perform such duties as may be prescribed by law. In
30	the event of a tie vote of the governor and cabinet, the side on
31	which the governor voted shall be deemed to prevail.
32	(b)  The attorney general shall be the chief state legal
33	officer. There is created in the office of the attorney general
34	the position of statewide prosecutor. The statewide prosecutor
35	shall have concurrent jurisdiction with the state attorneys to
36	prosecute violations of criminal laws occurring or having
37	occurred, in two or more judicial circuits as part of a related
38	transaction, or when any such offense is affecting or has
39	affected two or more judicial circuits as provided by general
40	law. The statewide prosecutor shall be appointed by the attorney
41	general from not fewer less than three persons nominated by the
42	judicial nominating commission for the supreme court, or as
43	otherwise provided by general law.
44	(c)  The chief financial officer shall serve as the chief
45	fiscal officer of the state, and shall settle and approve
46	accounts against the state, and shall keep all state funds and
47	securities.
48	(d)  The commissioner of agriculture shall have supervision
49	of matters pertaining to agriculture except as otherwise
50	provided by law.
51	(e)  The insurance commissioner shall have control and
52	supervision of matters relating to the state fire marshal, risk
53	management, insurance regulation, insurance fraud,
54	rehabilitation and liquidation of insurers, insurance agents and
55	agency services, consumer services, workers' compensation,
56	insurance consumer advocacy, and funeral and cemetery services.
57	(f)(e)  The governor as chair, the chief financial officer,
58	and the attorney general shall constitute the state board of
59	administration, which shall succeed to all the power, control,
60	and authority of the state board of administration established
61	pursuant to Article IX, Section 16 of the Constitution of 1885,
62	and which shall continue as a body at least for the life of
63	Article XII, Section 9(c).
64	(g)(f)  The governor as chair, the chief financial officer,
65	the attorney general, and the commissioner of agriculture shall
66	constitute the trustees of the internal improvement trust fund
67	and the land acquisition trust fund as provided by law.
68	(h)(g)  The governor as chair, the chief financial officer,
69	the attorney general, and the commissioner of agriculture shall
70	constitute the agency head of the Department of Law Enforcement.
71	ARTICLE VI
72	SUFFRAGE AND ELECTIONS
73	SECTION 8.--Insurance commissioner candidates; campaign
74	contributions prohibited.--An insurance company, a company
75	engaged in the business of funeral or cemetery service, or any
76	other business or company that is under the control and
77	supervision of the insurance commissioner, or any employee or
78	agent of such a company or business, may not make or solicit a
79	contribution for any election to or on behalf of any candidate
80	for the office of insurance commissioner. A candidate for the
81	office of insurance commissioner, or any employee of the
82	insurance commissioner or of any state agency under the control
83	and supervision of the insurance commissioner, may not solicit
84	or accept a campaign contribution from any such company,
85	business, employee, or agent. This section does not prevent any
86	candidate for the office of insurance commissioner or member of
87	that candidate's immediate family from contributing to that
88	candidate's campaign as otherwise permitted by law.
89	ARTICLE XII
90	SCHEDULE
91	SECTION 27.  Insurance commissioner.--The amendment to
92	Section 4 of Article IV and the creation of Section 8 of Article
93	VI creating the office of insurance commissioner as a cabinet
94	officer and establishing duties and campaign-contribution
95	restrictions with respect to that office shall take effect
96	January 6, 2009, with the office of insurance commissioner
97	filled initially for a 2-year term at the 2008 general election.
98	BE IT FURTHER RESOLVED that the following statement be
99	placed on the ballot:
100	CONSTITUTIONAL AMENDMENT
101	ARTICLE IV, SECTION 4;
102	ARTICLE VI, SECTION 8;
103	ARTICLE XII, SECTION 27
104	INSURANCE COMMISSIONER AS CABINET OFFICER; CANDIDATE
105	CAMPAIGN CONTRIBUTIONS LIMITATION.--Proposing an amendment to
106	the State Constitution to create the office of Insurance
107	Commissioner, who will be an elected member of the Cabinet and
108	responsible for the control and supervision of the State Fire
109	Marshal, risk management, insurance regulation, insurance fraud,
110	rehabilitation and liquidation of insurers, insurance agents and
111	agency services, consumer services, workers' compensation,
112	insurance consumer advocacy, and funeral and cemetery services;
113	to prohibit campaign contributions to, or solicitation of
114	campaign contributions by or on behalf of, candidates for the
115	office of Insurance Commissioner from insurance companies,
116	funeral or cemetery service companies, and other businesses or
117	companies under the control and supervision of the Insurance
118	Commissioner and their employees and agents; and to provide an
119	effective date of January 6, 2009, for such changes and for the
120	office of Insurance Commissioner to be filled initially for a 2-
121	year term at the 2008 general election.

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