HJR 55

1
House Joint Resolution
2A joint resolution proposing the amendment of Section 4 of
3Article IV and Section 2 of Article IX and the creation of
4Section 27 of Article XII of the State Constitution to
5create the position of Commissioner of Education, who will
6be an elected member of the Cabinet, and to provide an
7effective date and for filling the initial term for the
8office of Commissioner of Education.
9
10Be It Resolved by the Legislature of the State of Florida:
11
12     That the following amendment of Section 4 of Article IV and
13Section 2 of Article IX and the creation of Section 27 of
14Article XII of the State Constitution are agreed to and shall be
15submitted to the electors of this state for approval or
16rejection at the next general election or at an earlier special
17election specifically authorized by law for that purpose:
18
ARTICLE IV
19
EXECUTIVE
20     SECTION 4.  Cabinet.--
21     (a)  There shall be a cabinet composed of an attorney
22general, a chief financial officer, and a commissioner of
23agriculture, and a commissioner of education. In addition to the
24powers and duties specified herein, they shall exercise such
25powers and perform such duties as may be prescribed by law. In
26the event of a tie vote of the governor and cabinet, the side on
27which the governor voted shall be deemed to prevail.
28     (b)  The attorney general shall be the chief state legal
29officer. There is created in the office of the attorney general
30the position of statewide prosecutor. The statewide prosecutor
31shall have concurrent jurisdiction with the state attorneys to
32prosecute violations of criminal laws occurring or having
33occurred, in two or more judicial circuits as part of a related
34transaction, or when any such offense is affecting or has
35affected two or more judicial circuits as provided by general
36law. The statewide prosecutor shall be appointed by the attorney
37general from not fewer less than three persons nominated by the
38judicial nominating commission for the supreme court, or as
39otherwise provided by general law.
40     (c)  The chief financial officer shall serve as the chief
41fiscal officer of the state, and shall settle and approve
42accounts against the state, and shall keep all state funds and
43securities.
44     (d)  The commissioner of agriculture shall have supervision
45of matters pertaining to agriculture except as otherwise
46provided by law.
47     (e)  The commissioner of education shall supervise the
48public education system in the manner prescribed by law.
49     (f)(e)  The governor as chair, the chief financial officer,
50and the attorney general shall constitute the state board of
51administration, which shall succeed to all the power, control,
52and authority of the state board of administration established
53pursuant to Article IX, Section 16 of the Constitution of 1885,
54and which shall continue as a body at least for the life of
55Article XII, Section 9(c).
56     (g)(f)  The governor as chair, the chief financial officer,
57the attorney general, and the commissioner of agriculture shall
58constitute the trustees of the internal improvement trust fund
59and the land acquisition trust fund as provided by law.
60     (h)(g)  The governor as chair, the chief financial officer,
61the attorney general, and the commissioner of agriculture shall
62constitute the agency head of the Department of Law Enforcement.
63
ARTICLE IX
64
EDUCATION
65     SECTION 2.  State board of education.--The state board of
66education shall be a body corporate and have such supervision of
67the system of free public education as is provided by law. The
68state board of education shall consist of seven members
69appointed by the governor to staggered 4-year terms, subject to
70confirmation by the senate. The state board of education shall
71appoint the commissioner of education.
72
ARTICLE XII
73
SCHEDULE
74     SECTION 27.  Commissioner of education.--The amendment to
75Section 4 of Article IV and Section 2 of Article IX creating the
76office of commissioner of education as a cabinet officer shall
77take effect January 4, 2011, with the office of commissioner of
78education filled initially at the 2010 general election.
79     BE IT FURTHER RESOLVED that the following statement be
80placed on the ballot:
81
CONSTITUTIONAL AMENDMENT
82
ARTICLE IV, SECTION 4;
83
ARTICLE IX, SECTION 2;
84
ARTICLE XII, SECTION 27
85     COMPOSITION OF CABINET; OFFICE OF COMMISSIONER OF
86EDUCATION.--Proposing an amendment to the State Constitution to
87create the office of Commissioner of Education, who will be an
88elected member of the Cabinet and responsible for the
89supervision of the public education system in the manner
90prescribed by law, and to provide an effective date of January
914, 2011, for such change and for the office of Commissioner of
92Education to be filled initially at the 2010 general election.


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