Florida 2022 Regular Session

Florida House Bill H0077 Compare Versions

Only one version of the bill is available at this time.

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3	3	HJR 77 2022
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10	10	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
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14	14	House Joint Resolution 1
15	15	A joint resolution proposing amendments to Sections 3 2
16	16	and 4 of Article IV and Section 2 of Article IX and 3
17	17	the creation of a new section in Article XII of the 4
18	18	State Constitution to provide for the election of the 5
19	19	Commissioner of Education and his or her inclusion as 6
20	20	a member of the Cabinet and the State Board of 7
21	21	Education. 8
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23	23	Be It Resolved by the Legislature of the State of Florida: 10
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25	25	That the following ame ndments to Sections 3 and 4 of 12
26	26	Article IV and Section 2 of Article IX and the creation of a new 13
27	27	section in Article XII of the State Constitution are agreed to 14
28	28	and shall be submitted to the electors of this state for 15
29	29	approval or rejection at the next genera l election or at an 16
30	30	earlier special election specifically authorized by law for that 17
31	31	purpose: 18
32	32	ARTICLE IV 19
33	33	EXECUTIVE 20
34	34	SECTION 3. Succession to office of governor; acting 21
35	35	governor.— 22
36	36	(a) Upon vacancy in the office of governor, the lieutenant 23
37	37	governor shall become governor. Further succession to the office 24
38	38	of governor shall be prescribed by law. A successor shall serve 25
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40	40	HJR 77 2022
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47	47	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
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51	51	for the remainder of the term. 26
52	52	(b) Upon impeachment of the governor and until completion 27
53	53	of trial thereof, or during the governor's physical or mental 28
54	54	incapacity, the lieutenant governor shall act as governor. 29
55	55	Further succession as acting governor shall be prescribed by 30
56	56	law. Incapacity to serve as governor may be determined by the 31
57	57	supreme court upon due notice after docketing of a written 32
58	58	suggestion thereof by four three cabinet members, and in such 33
59	59	case restoration of capacity shall be similarly determined after 34
60	60	docketing of written suggestion thereof by the governor, the 35
61	61	legislature, or four three cabinet members. Incapacity to serve 36
62	62	as governor may also be established by certificate filed with 37
63	63	the custodian of state records by the governor declaring 38
64	64	incapacity for physical reasons to serve as governor, and in 39
65	65	such case restoration of capacity shall be similarly 40
66	66	established. 41
67	67	SECTION 4. Cabinet.— 42
68	68	(a) There shall be a cabinet composed of an attorney 43
69	69	general, a chief financial officer, and a commissioner of 44
70	70	agriculture, and a commissioner of education . In addition to the 45
71	71	powers and duties specified herein, they shall exercise such 46
72	72	powers and perform such duties as may be prescribed by law. In 47
73	73	the event of a tie vote of the governor and cabinet, the side on 48
74	74	which the governor voted shall be deemed to prevail. 49
75	75	(b) The attorney general shall be the chief state legal 50
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77	77	HJR 77 2022
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84	84	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
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88	88	officer. There is created i n the office of the attorney general 51
89	89	the position of statewide prosecutor. The statewide prosecutor 52
90	90	shall have concurrent jurisdiction with the state attorneys to 53
91	91	prosecute violations of criminal laws occurring or having 54
92	92	occurred, in two or more judicial c ircuits as part of a related 55
93	93	transaction, or when any such offense is affecting or has 56
94	94	affected two or more judicial circuits as provided by general 57
95	95	law. The statewide prosecutor shall be appointed by the attorney 58
96	96	general from not less than three persons n ominated by the 59
97	97	judicial nominating commission for the supreme court, or as 60
98	98	otherwise provided by general law. 61
99	99	(c) The chief financial officer shall serve as the chief 62
100	100	fiscal officer of the state, and shall settle and approve 63
101	101	accounts against the state, and shall keep all state funds and 64
102	102	securities. 65
103	103	(d) The commissioner of agriculture shall have supervision 66
104	104	of matters pertaining to agriculture except as otherwise 67
105	105	provided by law. 68
106	106	(e) The commissioner of education shall be the chief 69
107	107	educational officer of the state and the sole custodian of the 70
108	108	K-20 data warehouse and shall be responsible for giving full 71
109	109	assistance to the state board of education in enforcing 72
110	110	compliance with the mission and goals of the K -20 education 73
111	111	system, except for the state univer sity system. 74
112	112	(f) The governor as chair, the chief financial officer, 75
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121	121	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
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125	125	and the attorney general shall constitute the state board of 76
126	126	administration, which shall succeed to all the power, control, 77
127	127	and authority of the state board of administration establishe d 78
128	128	pursuant to Article IX, Section 16 of the Constitution of 1885, 79
129	129	and which shall continue as a body at least for the life of 80
130	130	Article XII, Section 9(c). 81
131	131	(g)(f) The governor as chair, the chief financial officer, 82
132	132	the attorney general, and the commissioner of agriculture, and 83
133	133	the commissioner of education shall constitute the trustees of 84
134	134	the internal improvement trust fund and the land acquisition 85
135	135	trust fund as provided by law. 86
136	136	(h)(g) The governor as chair, the chief financial officer, 87
137	137	the attorney general, and the commissioner of agriculture , and 88
138	138	the commissioner of education shall constitute the agency head 89
139	139	of the Department of Law Enforcement. The Office of Domestic 90
140	140	Security and Counterterrorism is created within the Department 91
141	141	of Law Enforcement. The O ffice of Domestic Security and 92
142	142	Counterterrorism shall provide support for prosecutors and 93
143	143	federal, state, and local law enforcement agencies that 94
144	144	investigate or analyze information relating to attempts or acts 95
145	145	of terrorism or that prosecute terrorism, and shall perform any 96
146	146	other duties that are provided by law. 97
147	147	ARTICLE IX 98
148	148	EDUCATION 99
149	149	SECTION 2. State board of education. —The state board of 100
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158	158	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
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162	162	education shall be a body corporate and have such supervision of 101
163	163	the system of free public education as is provided by law. The 102
164	164	state board of education shall consist of the commissioner of 103
165	165	education, who shall serve as chair, and seven members appointed 104
166	166	by the governor, subject to confirmation by the senate, to 105
167	167	staggered 4-year terms. In the event of a tie vote of the state 106
168	168	board of education, the side on which the commissioner of 107
169	169	education voted shall be deemed to prevail , subject to 108
170	170	confirmation by the senate . The state board of education shall 109
171	171	appoint the commissioner of education . 110
172	172	ARTICLE XII 111
173	173	SCHEDULE 112
174	174	Reorganization of the cabinet and the state board of 113
175	175	education.— 114
176	176	(a) The amendments to Sections 3 and 4 of Article IV and 115
177	177	Section 2 of Article IX relating to the inclusion of the 116
178	178	commissioner of education as a member of the cabinet and the 117
179	179	state board of education shall take effect June 1, 2023. For the 118
180	180	term beginning June 1, 2023, and continuing through January 4, 119
181	181	2027, the commissioner of education shall be appointed by the 120
182	182	governor, subject to confirmation by the senate. The 121
183	183	commissioner of education must be an e lector of at least thirty 122
184	184	years of age who has resided in this state for the preceding 123
185	185	seven years at the time of the governor's appointment. Beginning 124
186	186	with the 2026 statewide general election and every four years 125
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195	195	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
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199	199	thereafter, the office of the commissioner of education shall be 126
200	200	filled by election in conformance with Article IV, Section 5(a). 127
201	201	(b) By June 1, 2023, the legislature shall enact 128
202	202	implementing legislation that includes any conforming changes to 129
203	203	the Florida Statutes necessitated by the reorganizat ion of the 130
204	204	cabinet and the state board of education. 131
205	205	BE IT FURTHER RESOLVED that the following statement be 132
206	206	placed on the ballot: 133
207	207	CONSTITUTIONAL AMENDMENT 134
208	208	ARTICLE IV, SECTIONS 3 AND 4 135
209	209	ARTICLE IX, SECTION 2 136
210	210	ARTICLE XII 137
211	211	ELECTION OF COMMISSIONER OF EDUCATIO N; MEMBERSHIP OF 138
212	212	CABINET AND STATE BOARD OF EDUCATION. —Revising membership of the 139
213	213	Cabinet and the State Board of Education, effective June 1, 140
214	214	2023, to include the Commissioner of Education, whom the 141
215	215	Governor shall appoint, subject to Senate confirmation, f or a 142
216	216	term ending January 4, 2027; and thereafter providing for 143
217	217	statewide election of the commissioner beginning in 2026. 144
218	218	Currently, the commissioner is appointed by, and serves at the 145
219	219	pleasure of, the State Board of Education and is not a Cabinet 146
220	220	or state board member. 147
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