HJR 305

House Joint Resolution
2A joint resolution proposing amendments to Sections 3
3and 4 of Article IV and Section 2 of Article IX and
4the creation of a new Section in Article XII of the
5State Constitution to provide for the election of the
6Commissioner of Education and the inclusion of the
7commissioner as a member of the Cabinet.
9Be It Resolved by the Legislature of the State of Florida:
11     That the following amendments to Sections 3 and 4 of
12Article IV and Section 2 of Article IX and the creation of a new
13Section in Article XII of the State Constitution are agreed to
14and shall be submitted to the electors of this state for
15approval or rejection at the next general election or at an
16earlier special election specifically authorized by law for that
20     SECTION 3.  Succession to office of governor; acting
22     (a)  Upon vacancy in the office of governor, the lieutenant
23governor shall become governor. Further succession to the office
24of governor shall be prescribed by law. A successor shall serve
25for the remainder of the term.
26     (b)  Upon impeachment of the governor and until completion
27of trial thereof, or during the governor's physical or mental
28incapacity, the lieutenant governor shall act as governor.
29Further succession as acting governor shall be prescribed by
30law. Incapacity to serve as governor may be determined by the
31supreme court upon due notice after docketing of a written
32suggestion thereof by four three cabinet members, and in such
33case restoration of capacity shall be similarly determined after
34docketing of written suggestion thereof by the governor, the
35legislature or four three cabinet members. Incapacity to serve
36as governor may also be established by certificate filed with
37the custodian of state records by the governor declaring
38incapacity for physical reasons to serve as governor, and in
39such case restoration of capacity shall be similarly
41     SECTION 4.  Cabinet.-
42     (a)  There shall be a cabinet composed of an attorney
43general, a chief financial officer, and a commissioner of
44agriculture, and a commissioner of education. In addition to the
45powers and duties specified herein, they shall exercise such
46powers and perform such duties as may be prescribed by law. In
47the event of a tie vote of the governor and cabinet, the side on
48which the governor voted shall be deemed to prevail.
49     (b)  The attorney general shall be the chief state legal
50officer. There is created in the office of the attorney general
51the position of statewide prosecutor. The statewide prosecutor
52shall have concurrent jurisdiction with the state attorneys to
53prosecute violations of criminal laws occurring or having
54occurred, in two or more judicial circuits as part of a related
55transaction, or when any such offense is affecting or has
56affected two or more judicial circuits as provided by general
57law. The statewide prosecutor shall be appointed by the attorney
58general from not less than three persons nominated by the
59judicial nominating commission for the supreme court, or as
60otherwise provided by general law.
61     (c)  The chief financial officer shall serve as the chief
62fiscal officer of the state, and shall settle and approve
63accounts against the state, and shall keep all state funds and
65     (d)  The commissioner of agriculture shall have supervision
66of matters pertaining to agriculture except as otherwise
67provided by law.
68     (e)  The governor as chair, the chief financial officer,
69and the attorney general shall constitute the state board of
70administration, which shall succeed to all the power, control,
71and authority of the state board of administration established
72pursuant to Article IX, Section 16 of the Constitution of 1885,
73and which shall continue as a body at least for the life of
74Article XII, Section 9(c).
75     (f)  The governor as chair, the chief financial officer,
76the attorney general, and the commissioner of agriculture, and
77the commissioner of education shall constitute the trustees of
78the internal improvement trust fund and the land acquisition
79trust fund as provided by law.
80     (g)  The governor as chair, the chief financial officer,
81the attorney general, and the commissioner of agriculture, and
82the commissioner of education shall constitute the agency head
83of the Department of Law Enforcement.
84     (h)  The commissioner of education shall supervise the
85public education system in the manner prescribed by law.
88     SECTION 2.  State board of education.-The governor and the
89members of the cabinet shall constitute a state board of
90education, which shall be a body corporate and have such
91supervision of the system of free public education as is
92provided by law. The state board of education shall consist of
93seven members appointed by the governor to staggered 4-year
94terms, subject to confirmation by the senate. The state board of
95education shall appoint the commissioner of education.
98     Commissioner of education.-The amendments Sections 3 and 4
99of Article IV and Section 2 of Article IX providing for the
100election of a commissioner of education as a member of the
101cabinet shall take effect January 6, 2015, but shall govern with
102respect to the qualifying for and the holding of the primary
103election for the commissioner of education in 2014.
104     BE IT FURTHER RESOLVED that the following statement be
105placed on the ballot:
110     COMMISSIONER OF EDUCATION.-This proposed amendment to the
111State Constitution provides for the statewide election of the
112Commissioner of Education and the inclusion of the Commissioner
113of Education as a member of the Cabinet of this state.
114     Currently, the Commissioner of Education is appointed by
115the Board of Education, whose members are appointed by the
116Governor and confirmed by the Senate. The amendment provides for
117the Commissioner of Education to supervise the state education
118system in the manner provided by law. The amendment further
119provides that the Governor and Cabinet will constitute the State
120Board of Education.
121     Lastly, the existing members of the Cabinet are on the
122Board of Trustees of the Internal Improvement Trust Fund and the
123Land Acquisition Trust Fund and are components of the head of
124the Department of Law Enforcement. This amendment includes the
125Commissioner of Education as a member of the Board of Trustees
126of the Internal Improvement Trust Fund and the Land Acquisition
127Trust Fund and as a component of the head of the Department of
128Law Enforcement.

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