Florida Senate - 2016                                    SJR 942
       
       
        
       By Senator Garcia
       
       
       
       
       
       38-00679A-16                                           2016942__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing amendments to Sections 3
    3         and 4 of Article IV and Section 2 of Article IX and
    4         the creation of a new section in Article XII of the
    5         State Constitution to provide for the election of the
    6         Commissioner of Education, the inclusion of the
    7         commissioner as a member of the Cabinet, and the
    8         establishment of the Governor and Cabinet as the State
    9         Board of Education.
   10          
   11  Be It Resolved by the Legislature of the State of Florida:
   12  
   13  That the following amendments to Sections 3 and 4 of Article IV
   14  and Section 2 of Article IX and the creation of a new section in
   15  Article XII of the State Constitution are agreed to and shall be
   16  submitted to the electors of this state for approval or
   17  rejection at the next general election or at an earlier special
   18  election specifically authorized by law for that purpose:
   19                             ARTICLE IV                            
   20                              EXECUTIVE                            
   21         SECTION 3. Succession to office of governor; acting
   22  governor.—
   23         (a) Upon vacancy in the office of governor, the lieutenant
   24  governor shall become governor. Further succession to the office
   25  of governor shall be prescribed by law. A successor shall serve
   26  for the remainder of the term.
   27         (b) Upon impeachment of the governor and until completion
   28  of trial thereof, or during the governor’s physical or mental
   29  incapacity, the lieutenant governor shall act as governor.
   30  Further succession as acting governor shall be prescribed by
   31  law. Incapacity to serve as governor may be determined by the
   32  supreme court upon due notice after docketing of a written
   33  suggestion thereof by four three cabinet members, and in such
   34  case restoration of capacity shall be similarly determined after
   35  docketing of written suggestion thereof by the governor, the
   36  legislature or four three cabinet members. Incapacity to serve
   37  as governor may also be established by certificate filed with
   38  the custodian of state records by the governor declaring
   39  incapacity for physical reasons to serve as governor, and in
   40  such case restoration of capacity shall be similarly
   41  established.
   42         SECTION 4. Cabinet.—
   43         (a) There shall be a cabinet composed of an attorney
   44  general, a chief financial officer, and a commissioner of
   45  agriculture, and a commissioner of education. In addition to the
   46  powers and duties specified herein, they shall exercise such
   47  powers and perform such duties as may be prescribed by law. In
   48  the event of a tie vote of the governor and cabinet, the side on
   49  which the governor voted shall be deemed to prevail.
   50         (b) The attorney general shall be the chief state legal
   51  officer. There is created in the office of the attorney general
   52  the position of statewide prosecutor. The statewide prosecutor
   53  shall have concurrent jurisdiction with the state attorneys to
   54  prosecute violations of criminal laws occurring or having
   55  occurred, in two or more judicial circuits as part of a related
   56  transaction, or when any such offense is affecting or has
   57  affected two or more judicial circuits as provided by general
   58  law. The statewide prosecutor shall be appointed by the attorney
   59  general from not fewer less than three persons nominated by the
   60  judicial nominating commission for the supreme court, or as
   61  otherwise provided by general law.
   62         (c) The chief financial officer shall serve as the chief
   63  fiscal officer of the state, and shall settle and approve
   64  accounts against the state, and shall keep all state funds and
   65  securities.
   66         (d) The commissioner of agriculture shall have supervision
   67  of matters pertaining to agriculture except as otherwise
   68  provided by law.
   69         (e) The commissioner of education shall supervise matters
   70  pertaining to the public education system except as otherwise
   71  provided by law.
   72         (f)(e) The governor as chair, the chief financial officer,
   73  and the attorney general shall constitute the state board of
   74  administration, which shall succeed to all the power, control,
   75  and authority of the state board of administration established
   76  pursuant to Article IX, Section 16 of the Constitution of 1885,
   77  and which shall continue as a body at least for the life of
   78  Article XII, Section 9(c).
   79         (g)(f) The governor as chair, the chief financial officer,
   80  the attorney general, and the commissioner of agriculture, and
   81  the commissioner of education shall constitute the trustees of
   82  the internal improvement trust fund and the land acquisition
   83  trust fund as provided by law.
   84         (h)(g) The governor as chair, the chief financial officer,
   85  the attorney general, and the commissioner of agriculture, and
   86  the commissioner of education shall constitute the agency head
   87  of the Department of Law Enforcement.
   88                             ARTICLE IX                            
   89                              EDUCATION                            
   90         SECTION 2. State board of education.—The governor as chair,
   91  the chief financial officer, the attorney general, the
   92  commissioner of agriculture, and the commissioner of education
   93  as secretary and executive officer shall constitute the state
   94  board of education shall be a body corporate and have such
   95  supervision of the system of free public education as is
   96  provided by law. The state board of education shall consist of
   97  seven members appointed by the governor to staggered 4-year
   98  terms, subject to confirmation by the senate. The state board of
   99  education shall appoint the commissioner of education.
  100                             ARTICLE XII                           
  101                              SCHEDULE                             
  102         Commissioner of education.—The amendments to Sections 3 and
  103  4 of Article IV and Section 2 of Article IX providing for the
  104  election of a commissioner of education as a member of the
  105  cabinet and establishing the governor and cabinet as the state
  106  board of education shall take effect upon the election of a
  107  commissioner effective January 8, 2019, but shall govern with
  108  respect to the qualifying for and the holding of the election
  109  for the commissioner of education in 2018.
  110         BE IT FURTHER RESOLVED that the following statement be
  111  placed on the ballot:
  112                      CONSTITUTIONAL AMENDMENT                     
  113                    ARTICLE IV, SECTIONS 3 AND 4                   
  114                        ARTICLE IX, SECTION 2                      
  115                             ARTICLE XII                           
  116         COMPOSITION OF CABINET; ELECTION OF COMMISSIONER OF
  117  EDUCATION; STATE BOARD OF EDUCATION.—This amendment provides for
  118  statewide election of Commissioner of Education; includes
  119  commissioner as a member of the Cabinet; establishes Governor
  120  and Cabinet as the State Board of Education; provides for
  121  commissioner to supervise the public education system; includes
  122  commissioner as a member of the Board of Trustees of the
  123  Internal Improvement Trust Fund and the Land Acquisition Trust
  124  Fund and as a component of the head of the Department of Law
  125  Enforcement.