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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
House Joint Resolution 1
A joint resolution proposing amendments to Sections 3 2
and 4 of Article IV and Section 2 of Article IX and 3
the creation of a new section in Article XII of the 4
State Constitution to provide for the election of the 5
Commissioner of Education and his or her inclusion as 6
a member of the Cabinet and the State Board of 7
Education. 8
9
Be It Resolved by the Legislature of the State of Florida: 10
11
That the following ame ndments to Sections 3 and 4 of 12
Article IV and Section 2 of Article IX and the creation of a new 13
section in Article XII of the State Constitution are agreed to 14
and shall be submitted to the electors of this state for 15
approval or rejection at the next genera l election or at an 16
earlier special election specifically authorized by law for that 17
purpose: 18
ARTICLE IV 19
EXECUTIVE 20
SECTION 3. Succession to office of governor; acting 21
governor.— 22
(a) Upon vacancy in the office of governor, the lieutenant 23
governor shall become governor. Further succession to the office 24
of governor shall be prescribed by law. A successor shall serve 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for the remainder of the term. 26
(b) Upon impeachment of the governor and until completion 27
of trial thereof, or during the governor's physical or mental 28
incapacity, the lieutenant governor shall act as governor. 29
Further succession as acting governor shall be prescribed by 30
law. Incapacity to serve as governor may be determined by the 31
supreme court upon due notice after docketing of a written 32
suggestion thereof by four three cabinet members, and in such 33
case restoration of capacity shall be similarly determined after 34
docketing of written suggestion thereof by the governor, the 35
legislature, or four three cabinet members. Incapacity to serve 36
as governor may also be established by certificate filed with 37
the custodian of state records by the governor declaring 38
incapacity for physical reasons to serve as governor, and in 39
such case restoration of capacity shall be similarly 40
established. 41
SECTION 4. Cabinet.— 42
(a) There shall be a cabinet composed of an attorney 43
general, a chief financial officer, and a commissioner of 44
agriculture, and a commissioner of education . In addition to the 45
powers and duties specified herein, they shall exercise such 46
powers and perform such duties as may be prescribed by law. In 47
the event of a tie vote of the governor and cabinet, the side on 48
which the governor voted shall be deemed to prevail. 49
(b) The attorney general shall be the chief state legal 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
officer. There is created i n the office of the attorney general 51
the position of statewide prosecutor. The statewide prosecutor 52
shall have concurrent jurisdiction with the state attorneys to 53
prosecute violations of criminal laws occurring or having 54
occurred, in two or more judicial c ircuits as part of a related 55
transaction, or when any such offense is affecting or has 56
affected two or more judicial circuits as provided by general 57
law. The statewide prosecutor shall be appointed by the attorney 58
general from not less than three persons n ominated by the 59
judicial nominating commission for the supreme court, or as 60
otherwise provided by general law. 61
(c) The chief financial officer shall serve as the chief 62
fiscal officer of the state, and shall settle and approve 63
accounts against the state, and shall keep all state funds and 64
securities. 65
(d) The commissioner of agriculture shall have supervision 66
of matters pertaining to agriculture except as otherwise 67
provided by law. 68
(e) The commissioner of education shall be the chief 69
educational officer of the state and the sole custodian of the 70
K-20 data warehouse and shall be responsible for giving full 71
assistance to the state board of education in enforcing 72
compliance with the mission and goals of the K -20 education 73
system, except for the state univer sity system. 74
(f) The governor as chair, the chief financial officer, 75
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and the attorney general shall constitute the state board of 76
administration, which shall succeed to all the power, control, 77
and authority of the state board of administration establishe d 78
pursuant to Article IX, Section 16 of the Constitution of 1885, 79
and which shall continue as a body at least for the life of 80
Article XII, Section 9(c). 81
(g)(f) The governor as chair, the chief financial officer, 82
the attorney general, and the commissioner of agriculture, and 83
the commissioner of education shall constitute the trustees of 84
the internal improvement trust fund and the land acquisition 85
trust fund as provided by law. 86
(h)(g) The governor as chair, the chief financial officer, 87
the attorney general, and the commissioner of agriculture , and 88
the commissioner of education shall constitute the agency head 89
of the Department of Law Enforcement. The Office of Domestic 90
Security and Counterterrorism is created within the Department 91
of Law Enforcement. The O ffice of Domestic Security and 92
Counterterrorism shall provide support for prosecutors and 93
federal, state, and local law enforcement agencies that 94
investigate or analyze information relating to attempts or acts 95
of terrorism or that prosecute terrorism, and shall perform any 96
other duties that are provided by law. 97
ARTICLE IX 98
EDUCATION 99
SECTION 2. State board of education. —The state board of 100
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education shall be a body corporate and have such supervision of 101
the system of free public education as is provided by law. The 102
state board of education shall consist of the commissioner of 103
education, who shall serve as chair, and seven members appointed 104
by the governor, subject to confirmation by the senate, to 105
staggered 4-year terms. In the event of a tie vote of the state 106
board of education, the side on which the commissioner of 107
education voted shall be deemed to prevail , subject to 108
confirmation by the senate . The state board of education shall 109
appoint the commissioner of education . 110
ARTICLE XII 111
SCHEDULE 112
Reorganization of the cabinet and the state board of 113
education.— 114
(a) The amendments to Sections 3 and 4 of Article IV and 115
Section 2 of Article IX relating to the inclusion of the 116
commissioner of education as a member of the cabinet and the 117
state board of education shall take effect June 1, 2023. For the 118
term beginning June 1, 2023, and continuing through January 4, 119
2027, the commissioner of education shall be appointed by the 120
governor, subject to confirmation by the senate. The 121
commissioner of education must be an e lector of at least thirty 122
years of age who has resided in this state for the preceding 123
seven years at the time of the governor's appointment. Beginning 124
with the 2026 statewide general election and every four years 125
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thereafter, the office of the commissioner of education shall be 126
filled by election in conformance with Article IV, Section 5(a). 127
(b) By June 1, 2023, the legislature shall enact 128
implementing legislation that includes any conforming changes to 129
the Florida Statutes necessitated by the reorganizat ion of the 130
cabinet and the state board of education. 131
BE IT FURTHER RESOLVED that the following statement be 132
placed on the ballot: 133
CONSTITUTIONAL AMENDMENT 134
ARTICLE IV, SECTIONS 3 AND 4 135
ARTICLE IX, SECTION 2 136
ARTICLE XII 137
ELECTION OF COMMISSIONER OF EDUCATIO N; MEMBERSHIP OF 138
CABINET AND STATE BOARD OF EDUCATION. —Revising membership of the 139
Cabinet and the State Board of Education, effective June 1, 140
2023, to include the Commissioner of Education, whom the 141
Governor shall appoint, subject to Senate confirmation, f or a 142
term ending January 4, 2027; and thereafter providing for 143
statewide election of the commissioner beginning in 2026. 144
Currently, the commissioner is appointed by, and serves at the 145
pleasure of, the State Board of Education and is not a Cabinet 146
or state board member. 147
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