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Senate Joint Resolution

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A joint resolution proposing amendments to Section 4 of

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Article IV and Section 2 of Article IX of the State

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Constitution to create the position of Commissioner of

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Education, who will be an elected member of the Cabinet.

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

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     That the following amendments to Section 4 of Article IV and

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Section 2 of Article IX of the State Constitution are agreed to,

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shall be submitted to the electors of this state for approval or

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rejection at the next general election or at an earlier special

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election specifically authorized by law for that purpose, and, if

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approved, shall take effect January 4, 2011, with the office of

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Commissioner of Education filled initially at the 2010 general

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election:

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ARTICLE IV

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EXECUTIVE

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     SECTION 4.  Cabinet.--

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     (a)  There shall be a cabinet composed of an attorney

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general, a chief financial officer, and a commissioner of

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agriculture, and a commissioner of education. In addition to the

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powers and duties specified herein, they shall exercise such

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powers and perform such duties as may be prescribed by law. In

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the event of a tie vote of the governor and cabinet, the side on

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which the governor voted shall be deemed to prevail.

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     (b)  The attorney general shall be the chief state legal

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officer. There is created in the office of the attorney general

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the position of statewide prosecutor. The statewide prosecutor

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shall have concurrent jurisdiction with the state attorneys to

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prosecute violations of criminal laws occurring or having

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occurred, in two or more judicial circuits as part of a related

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transaction, or when any such offense is affecting or has

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affected two or more judicial circuits as provided by general

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law. The statewide prosecutor shall be appointed by the attorney

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general from not fewer less than three persons nominated by the

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judicial nominating commission for the supreme court, or as

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otherwise provided by general law.

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     (c)  The chief financial officer shall serve as the chief

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fiscal officer of the state, and shall settle and approve

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accounts against the state, and shall keep all state funds and

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securities.

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     (d)  The commissioner of agriculture shall have supervision

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of matters pertaining to agriculture except as otherwise provided

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by law.

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     (e) The commissioner of education shall supervise the free

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public education system in the manner prescribed by law.

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     (f)(e) The governor as chair, the chief financial officer,

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and the attorney general shall constitute the state board of

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administration, which shall succeed to all the power, control,

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and authority of the state board of administration established

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pursuant to Article IX, Section 16 of the Constitution of 1885,

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and which shall continue as a body at least for the life of

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Article XII, Section 9(c).

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     (g)(f) The governor as chair, the chief financial officer,

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the attorney general, and the commissioner of agriculture shall

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constitute the trustees of the internal improvement trust fund

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and the land acquisition trust fund as provided by law.

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

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the commissioner of education, the attorney general, and the

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commissioner of agriculture shall constitute the agency head of

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the Department of Law Enforcement.

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ARTICLE IX

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EDUCATION

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     SECTION 2.  State board of education.--The state board of

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education shall be a body corporate and have such supervision of

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the system of free public education as is provided by law. The

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state board of education shall consist of seven members appointed

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by the governor to staggered 4-year terms, subject to

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confirmation by the senate. The state board of education shall

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appoint the commissioner of education.

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     BE IT FURTHER RESOLVED that the following statement be

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placed on the ballot:

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CONSTITUTIONAL AMENDMENT

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ARTICLE IV, SECTION 4

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ARTICLE IX, SECTION 2

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     COMPOSITION OF CABINET; OFFICE OF COMMISSIONER OF

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EDUCATION.--Proposing an amendment to the State Constitution to

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create the office of Commissioner of Education, who will be an

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elected member of the Cabinet and responsible for the supervision

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of the free public education system in the manner prescribed by

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law, and to delete the power of the state board of education to

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appoint the Commissioner of Education.