Proposed Committee Substitute by the Committee on Higher Education

Appropriations

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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 Sections 2 and 7 of Article IX, the

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creation of Section 8 of Article IX, and the creation of a

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new section in Article XII of the State Constitution to

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create the position of Commissioner of Education as an

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elected member of the Cabinet, to revise the membership of

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the State Board of Education, which shall consist of the

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Governor and the Cabinet, to revise the membership, terms,

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and duties of the local boards of trustees and the Board

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of Governors of the State University System, to establish

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the Florida College System, to provide for a local board

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of trustees to govern each institution in the Florida

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College System, to provide for the Florida College Board,

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and to provide an effective date.

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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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Sections 2 and 7 of Article IX, the creation of Section 8 of

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Article IX, and the creation of a new section in Article XII of

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the State Constitution are agreed to and shall be submitted to

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the electors of this state for approval or rejection at the next

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general 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 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

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public education system in a manner prescribed by law, except as

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otherwise provided in this constitution.

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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, and

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the commissioner of education shall constitute the trustees of

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the internal improvement trust fund and the land acquisition

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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 attorney general, and the commissioner of agriculture, and

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the commissioner of education 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 governor and the

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members of the cabinet shall constitute the state board of

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education, which shall be a body corporate and have such

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supervision of the public education system as is provided by law.

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The state board of education shall be a body corporate and have

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such supervision of the system of free public education as is

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provided by law. The state board of education shall consist of

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seven members appointed by the governor to staggered 4-year

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terms, subject to confirmation by the senate. The state board of

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education shall appoint the commissioner of education.

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     SECTION 7.  State university system.--

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     (a)  PURPOSES.  In order to achieve excellence through

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teaching students, advancing research and providing public

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service for the benefit of Florida's citizens, their communities

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and economies, the people hereby establish a system of governance

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for the state university system of Florida.

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     (b)  STATE UNIVERSITY SYSTEM.  There shall be a single state

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university system comprised of all public universities. A board

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of trustees shall administer each public university and a board

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of governors shall govern the state university system.

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     (c) LOCAL BOARDS OF TRUSTEES. Each public local

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constituent university shall be administered by a board of

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trustees as provided by law consisting of thirteen members

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dedicated to the purposes of the state university system. The

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board of governors shall establish the powers and duties of the

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boards of trustees. Each board of trustees shall consist of

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eleven six citizen members appointed by the governor and five

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citizen members appointed by the board of governors. The

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appointed members shall be confirmed by the senate and serve

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staggered terms of five years as provided by law. The chair of

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the faculty senate, or the equivalent, and the president of the

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student body of the university shall also be members.

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     (d)  STATEWIDE BOARD OF GOVERNORS.  The board of governors

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shall administer the state be a body corporate consisting of

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seventeen members. The board shall operate, regulate, control,

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and be fully responsible for the management of the whole

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university system as provided by law. These responsibilities

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shall include, but not be limited to, defining the distinctive

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mission of each constituent university and its articulation with

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free public schools and community colleges, ensuring the well-

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planned coordination and operation of the system, and avoiding

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wasteful duplication of facilities or programs. The board's

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management shall be subject to the powers of the legislature to

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appropriate for the expenditure of funds, and the board shall

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account for such expenditures as provided by law. The governor

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shall appoint to the board six fourteen citizens dedicated to the

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purposes of the state university system. The appointed members

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shall be confirmed by the senate and serve staggered terms of

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four seven years as provided by law. The commissioner of

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education, the chair of the advisory council of faculty senates,

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or the equivalent, and the president of the Florida student

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association, or the equivalent, shall also be members of the

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board.

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     SECTION 8. Florida college system.--

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     (a) PURPOSES. In order to maximize open access for

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students, respond to community needs for postsecondary academic

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education and career degree education, and provide associate and

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baccalaureate degrees that will best meet the state's employment

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needs, the people hereby establish a system of governance for the

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Florida college system.

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     (b) FLORIDA COLLEGE SYSTEM. There shall be a single

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Florida college system comprised of two-year and four-year public

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postsecondary educational institutions that grant academic

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degrees at the undergraduate level as provided by law. An

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institution within the Florida college system may not offer

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graduate degree programs.

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     (c) LOCAL BOARDS OF TRUSTEES. Each institution within the

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Florida college system shall be governed by a local board of

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trustees as provided by law. The membership of each local board

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of trustees shall be as provided by law.

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     (d) FLORIDA COLLEGE BOARD. The Florida college board shall

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oversee and coordinate the Florida college system as provided by

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law. The governor shall appoint to the board six citizens

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dedicated to the purposes of the Florida college system. The

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appointed members shall be confirmed by the senate and serve

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staggered terms of four years as provided by law. The

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commissioner of education shall also be a member of the board.

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ARTICLE XII

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SCHEDULE

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     Cabinet, state board of education, elected commissioner of

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education, state university system, and Florida college system.--

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     (a) The amendments to Section 4 of Article IV and Sections

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2 and 7 of Article IX and the creation of Section 8 of Article

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IX, which create a cabinet position for an elected commissioner

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of education to supervise the public education system as provided

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by law, revise the membership of the state board of education to

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consist of the governor and the cabinet, revise the manner of

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appointment for members of the local boards of trustees for the

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state university system, revise the membership, terms, and duties

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of the statewide board of governors, and establish the Florida

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college system, and this section, if submitted to the electors of

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this state for approval or rejection at the next general election

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and if approved, shall take effect July 1 of the year following

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such general election.

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     (b) On the effective date of these amendments, the terms of

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the members serving on the state board of education and the

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statewide board of governors and the term of the commissioner of

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education shall expire. The term of a member of a local board of

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trustees shall not expire on the effective date of these

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amendments, but the term shall expire at the end of the term for

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which the member was originally appointed.

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     (c) On the effective date of these amendments, the governor

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and cabinet shall appoint a commissioner of education to serve

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until a commissioner of education is elected in the next general

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election following the adoption of these amendments.

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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 AMENDMENTS

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ARTICLE IV, SECTION 4

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ARTICLE IX, SECTIONS 2, 7, AND 8

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ARTICLE XII

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     RESTRUCTURING THE STATE CABINET; ELECTED COMMISSIONER OF

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EDUCATION; RESTRUCTURING THE LOCAL BOARDS OF TRUSTEES AND THE

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STATEWIDE BOARD OF GOVERNORS OF THE STATE UNIVERSITY SYSTEM;

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ESTABLISHING THE FLORIDA COLLEGE SYSTEM.--Proposing amendments to

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the State Constitution which will create an elected Commissioner

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of Education who will be a member of the Cabinet and will be

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responsible for the supervision of public education as provided

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by law; include the Commissioner of Education with other Cabinet

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members as a trustee of the Internal Improvement Trust Fund and

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the Land Acquisition Trust Fund and as agency head of the

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Department of Law Enforcement; eliminate an appointed State Board

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of Education and replace the board with the Governor and the

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Cabinet; provide that the State Board of Education will be

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responsible for the supervision of public education as provided

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by law; establish the Florida College System comprised of 2-year

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and 4-year public postsecondary educational institutions that

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grant academic degrees at the undergraduate level as provided by

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law; provide for the governance of each institution within the

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Florida College System by a local board of trustees as provided

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by law; provide that the Florida College Board, which shall be

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comprised of the Commissioner of Education and six citizens

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appointed by the Governor and confirmed by the Senate, shall

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oversee and coordinate the Florida College System as provided by

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law; revise the membership of the local boards of trustees by

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eliminating the authority of the statewide Board of Governors to

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appoint members; provide that the authority and duties of the

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local boards of trustees shall be as provided by law; revise the

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membership of the statewide Board of Governors by reducing the

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number of appointed members and their terms; provide that the

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authority of the statewide Board of Governors to administer the

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State University System shall be as provided by law; provide that

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the terms of the currently appointed members of the State Board

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of Education and the statewide Board of Governors and the term of

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the currently appointed Commissioner of Education shall expire

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July 1 of the year following the adoption of these amendments in

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the next general election; provide that the term of a member of a

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local board of trustees shall expire at the end of the term for

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which the member was originally appointed; provide for the

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appointment of a Commissioner of Education by the Governor and

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Cabinet until a Commissioner of Education is elected in the next

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general election following the adoption of these amendments; and

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provide that these amendments shall take effect July 1 of the

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year following the next general election.