CS for SJR 2204                            First Engrossed (ntc)
       
       
       
       
       
       
       
       
       20102204e1
       
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 4
    3         of Article IV of the State Constitution, relating to
    4         the duties of the Chief Financial Officer.
    5  
    6  Be It Resolved by the Legislature of the State of Florida:
    7  
    8         That the following amendment to Section 4 of Article IV of
    9  the State Constitution is agreed to and shall be submitted to
   10  the electors of this state for approval or rejection at the next
   11  general election or at an earlier special election specifically
   12  authorized by law for that purpose:
   13                             ARTICLE IV                            
   14                              EXECUTIVE                            
   15         SECTION 4. Cabinet.—
   16         (a) There shall be a cabinet composed of an attorney
   17  general, a chief financial officer, and a commissioner of
   18  agriculture. In addition to the powers and duties specified
   19  herein, they shall exercise such powers and perform such duties
   20  as may be prescribed by law. In the event of a tie vote of the
   21  governor and cabinet, the side on which the governor voted shall
   22  be deemed to prevail.
   23         (b) The attorney general shall be the chief state legal
   24  officer. There is created in the office of the attorney general
   25  the position of statewide prosecutor. The statewide prosecutor
   26  shall have concurrent jurisdiction with the state attorneys to
   27  prosecute violations of criminal laws occurring or having
   28  occurred, in two or more judicial circuits as part of a related
   29  transaction, or when any such offense is affecting or has
   30  affected two or more judicial circuits as provided by general
   31  law. The statewide prosecutor shall be appointed by the attorney
   32  general from not less than three persons nominated by the
   33  judicial nominating commission for the supreme court, or as
   34  otherwise provided by general law.
   35         (c) The chief financial officer shall serve as the chief
   36  fiscal officer of the state, and shall settle and approve
   37  accounts against the state, and shall keep all state funds and
   38  securities. It is a paramount duty of the state to collect,
   39  maintain, and make available accurate, verifiable, and auditable
   40  state and local government financial information. Accordingly,
   41  the chief financial officer shall:
   42         (1) Establish and maintain uniform accounting of funds for
   43  the legislative and judicial branches and all state agencies,
   44  state universities, state and community colleges, school
   45  districts, water management districts, other local governments,
   46  and all statutorily authorized governmental entities; and
   47         (2) Supervise matters pertaining to the accounting of
   48  funds, except as otherwise provided by law. Enforcement
   49  mechanisms involving financial or budgetary restrictions that
   50  ensure compliance with accounting procedures and financial
   51  requirements may be imposed as provided by general law.
   52         (d) The commissioner of agriculture shall have supervision
   53  of matters pertaining to agriculture except as otherwise
   54  provided by law.
   55         (e) The governor as chair, the chief financial officer, and
   56  the attorney general shall constitute the state board of
   57  administration, which shall succeed to all the power, control,
   58  and authority of the state board of administration established
   59  pursuant to Article IX, Section 16 of the Constitution of 1885,
   60  and which shall continue as a body at least for the life of
   61  Article XII, Section 9(c).
   62         (f) The governor as chair, the chief financial officer, the
   63  attorney general, and the commissioner of agriculture shall
   64  constitute the trustees of the internal improvement trust fund
   65  and the land acquisition trust fund as provided by law.
   66         (g) The governor as chair, the chief financial officer, the
   67  attorney general, and the commissioner of agriculture shall
   68  constitute the agency head of the Department of Law Enforcement.
   69         BE IT FURTHER RESOLVED that the following statement be
   70  placed on the ballot:
   71                      CONSTITUTIONAL AMENDMENT                     
   72                        ARTICLE IV, SECTION 4                      
   73         DUTIES OF THE CHIEF FINANCIAL OFFICER.—Proposing an
   74  amendment to the State Constitution to require the Chief
   75  Financial Officer to establish and maintain uniform accounting
   76  of funds for the legislative and judicial branches and all
   77  governmental entities and supervise such accounting, and to
   78  authorize the enforcement of financial and budgetary
   79  restrictions provided by law which ensure compliance with
   80  accounting procedures and financial requirements.