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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 and creating

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a 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, and to revise the membership,

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terms, and duties of the local boards of trustees and the

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Board of Governors of the State University System.

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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 and the creation of a new section

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in Article XII of the State Constitution are agreed to and shall

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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:

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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 the manner prescribed by law, except

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as 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 local constituent

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public university shall be administered by a board of trustees as

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provided by law consisting of thirteen members dedicated to the

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purposes of the state university system. The board of governors

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shall establish the powers and duties of the boards of trustees.

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Each board of trustees shall consist of eleven six citizen

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members appointed by the governor and five citizen members

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appointed by the board of governors. The appointed members shall

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be confirmed by the senate and serve staggered terms of five

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years as provided by law. The chair of the faculty senate, or the

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equivalent, and the president of the student body of the

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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 five fourteen citizens dedicated to

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the purposes of the state university system. The appointed

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members shall be confirmed by the senate and serve staggered

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terms of 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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Article XII

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SCHEDULE

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     Cabinet, State Board of Education, elected Commissioner of

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Education, and the State University 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 which create a cabinet position for an

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elected commissioner of education to supervise the public

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education system as provided by law, revise the membership of the

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state board of education to be the governor and the cabinet,

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revise the number of members and manner of appointment for

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members of the local boards of trustees for the state university

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system, and revise the membership, terms, and duties of the

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statewide board of governors, and this section, if submitted to

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

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general election, 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, the

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statewide board of governors, and the local boards of trustees

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and the term of the commissioner of education shall expire.

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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 AND 7

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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

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SYSTEM.--Proposing amendments to the State Constitution which

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will create an elected Commissioner of Education who will be a

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member of the Cabinet and will be responsible for the supervision

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of public education; eliminate an appointed State Board of

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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; revise the

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membership of the local boards of trustees by eliminating the

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authority of the statewide Board of Governors to appoint members;

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limit the authority and duties of the local boards of trustees;

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revise the membership of the statewide Board of Governors by

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reducing the number of appointed members and their terms; limit

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the authority of the statewide Board of Governors to administer

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the State University System; provide that the terms of the

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currently appointed members of the State Board of Education,

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local boards of trustees, and the statewide Board of Governors,

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and the term of the currently appointed Commissioner of Education

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shall expire July 1 of the year following the adoption of these

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amendments in the next general election; and 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.