| 1 | House Joint Resolution |
| 2 | A joint resolution proposing the amendment of Section 4 of |
| 3 | Article IV and Section 2 of Article IX and the creation of |
| 4 | Section 27 of Article XII of the State Constitution to |
| 5 | create the position of Commissioner of Education, who will |
| 6 | be an elected member of the Cabinet, and to provide an |
| 7 | effective date and for filling the initial term for the |
| 8 | office of Commissioner of Education. |
| 9 |
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| 10 | Be It Resolved by the Legislature of the State of Florida: |
| 11 |
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| 12 | That the following amendment of Section 4 of Article IV and |
| 13 | Section 2 of Article IX and the creation of Section 27 of |
| 14 | Article XII of the State Constitution are agreed to and shall be |
| 15 | submitted to the electors of this state for approval or |
| 16 | rejection at the next general election or at an earlier special |
| 17 | election 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 |
| 22 | general, a chief financial officer, and a commissioner of |
| 23 | agriculture, and a commissioner of education. In addition to the |
| 24 | powers and duties specified herein, they shall exercise such |
| 25 | powers and perform such duties as may be prescribed by law. In |
| 26 | the event of a tie vote of the governor and cabinet, the side on |
| 27 | which the governor voted shall be deemed to prevail. |
| 28 | (b) The attorney general shall be the chief state legal |
| 29 | officer. There is created in the office of the attorney general |
| 30 | the position of statewide prosecutor. The statewide prosecutor |
| 31 | shall have concurrent jurisdiction with the state attorneys to |
| 32 | prosecute violations of criminal laws occurring or having |
| 33 | occurred, in two or more judicial circuits as part of a related |
| 34 | transaction, or when any such offense is affecting or has |
| 35 | affected two or more judicial circuits as provided by general |
| 36 | law. The statewide prosecutor shall be appointed by the attorney |
| 37 | general from not fewer less than three persons nominated by the |
| 38 | judicial nominating commission for the supreme court, or as |
| 39 | otherwise provided by general law. |
| 40 | (c) The chief financial officer shall serve as the chief |
| 41 | fiscal officer of the state, and shall settle and approve |
| 42 | accounts against the state, and shall keep all state funds and |
| 43 | securities. |
| 44 | (d) The commissioner of agriculture shall have supervision |
| 45 | of matters pertaining to agriculture except as otherwise |
| 46 | provided by law. |
| 47 | (e) The commissioner of education shall supervise the |
| 48 | public education system in the manner prescribed by law. |
| 49 | (f)(e) The governor as chair, the chief financial officer, |
| 50 | and the attorney general shall constitute the state board of |
| 51 | administration, which shall succeed to all the power, control, |
| 52 | and authority of the state board of administration established |
| 53 | pursuant to Article IX, Section 16 of the Constitution of 1885, |
| 54 | and which shall continue as a body at least for the life of |
| 55 | Article XII, Section 9(c). |
| 56 | (g)(f) The governor as chair, the chief financial officer, |
| 57 | the attorney general, and the commissioner of agriculture shall |
| 58 | constitute the trustees of the internal improvement trust fund |
| 59 | and the land acquisition trust fund as provided by law. |
| 60 | (h)(g) The governor as chair, the chief financial officer, |
| 61 | the attorney general, and the commissioner of agriculture shall |
| 62 | constitute 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 |
| 66 | education shall be a body corporate and have such supervision of |
| 67 | the system of free public education as is provided by law. The |
| 68 | state board of education shall consist of seven members |
| 69 | appointed by the governor to staggered 4-year terms, subject to |
| 70 | confirmation by the senate. The state board of education shall |
| 71 | appoint the commissioner of education. |
| 72 | ARTICLE XII |
| 73 | SCHEDULE |
| 74 | SECTION 27. Commissioner of education.--The amendment to |
| 75 | Section 4 of Article IV and Section 2 of Article IX creating the |
| 76 | office of commissioner of education as a cabinet officer shall |
| 77 | take effect January 4, 2011, with the office of commissioner of |
| 78 | education filled initially at the 2010 general election. |
| 79 | BE IT FURTHER RESOLVED that the following statement be |
| 80 | placed 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 |
| 86 | EDUCATION.--Proposing an amendment to the State Constitution to |
| 87 | create the office of Commissioner of Education, who will be an |
| 88 | elected member of the Cabinet and responsible for the |
| 89 | supervision of the public education system in the manner |
| 90 | prescribed by law, and to provide an effective date of January |
| 91 | 4, 2011, for such change and for the office of Commissioner of |
| 92 | Education to be filled initially at the 2010 general election. |