Florida Senate - 2022 SJR 192 By Senator Cruz 18-00412-22 2022192__ 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 and his or her inclusion as 7 a member of the Cabinet and the State Board of 8 Education. 9 10 Be It Resolved by the Legislature of the State of Florida: 11 12 That the following amendments to Sections 3 and 4 of 13 Article IV and Section 2 of Article IX and the creation of a new 14 section in Article XII of the State Constitution are agreed to 15 and shall be submitted to the electors of this state for 16 approval or rejection at the next general election or at an 17 earlier special election specifically authorized by law for that 18 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 governors 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 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 be the chief 70 educational officer of the state and the sole custodian of the 71 K-20 data warehouse and shall be responsible for giving full 72 assistance to the state board of education in enforcing 73 compliance with the mission and goals of the K-20 education 74 system, except for the state university system. 75 (f)The governor as chair, the chief financial officer, and 76 the attorney general shall constitute the state board of 77 administration, which shall succeed to all the power, control, 78 and authority of the state board of administration established 79 pursuant to Article IX, Section 16 of the Constitution of 1885, 80 and which shall continue as a body at least for the life of 81 Article XII, Section 9(c). 82 (g)(f)The governor as chair, the chief financial officer, 83 the attorney general, and the commissioner of agriculture, and 84 the commissioner of education shall constitute the trustees of 85 the internal improvement trust fund and the land acquisition 86 trust fund as provided by law. 87 (h)(g)The governor as chair, the chief financial officer, 88 the attorney general, and the commissioner of agriculture, and 89 the commissioner of education shall constitute the agency head 90 of the Department of Law Enforcement. The Office of Domestic 91 Security and Counterterrorism is created within the Department 92 of Law Enforcement. The Office of Domestic Security and 93 Counterterrorism shall provide support for prosecutors and 94 federal, state, and local law enforcement agencies that 95 investigate or analyze information relating to attempts or acts 96 of terrorism or that prosecute terrorism, and shall perform any 97 other duties that are provided by law. 98 ARTICLE IX 99 EDUCATION 100 SECTION 2.State board of education.The state board of 101 education shall be a body corporate and have such supervision of 102 the system of free public education as is provided by law. The 103 state board of education shall consist of the commissioner of 104 education, who shall serve as chair, and seven members appointed 105 by the governor, subject to confirmation by the senate, to 106 staggered 4-year terms. In the event of a tie vote of the state 107 board of education, the side on which the commissioner of 108 education voted shall be deemed to prevail, subject to 109 confirmation by the senate. The state board of education shall 110 appoint the commissioner of education. 111 ARTICLE XII 112 SCHEDULE 113 Reorganization of the cabinet and the state board of 114 education. 115 (a)The amendments to Sections 3 and 4 of Article IV and 116 Section 2 of Article IX relating to the inclusion of the 117 commissioner of education as a member of the cabinet and the 118 state board of education shall take effect June 1, 2023. For the 119 term beginning June 1, 2023, and continuing through January 4, 120 2027, the commissioner of education shall be appointed by the 121 governor, subject to confirmation by the senate. The 122 commissioner of education must be an elector of at least 30 123 years of age who has resided in this state for the preceding 124 seven years at the time of the governors appointment. Beginning 125 with the 2026 statewide general election and every four years 126 thereafter, the office of the commissioner of education shall be 127 filled by election in conformance with Article IV, Section 5(a). 128 (b)By June 1, 2023, the legislature shall enact 129 implementing legislation that includes any conforming changes to 130 the Florida Statutes necessitated by the reorganization of the 131 cabinet and the state board of education. 132 BE IT FURTHER RESOLVED that the following statement be 133 placed on the ballot: 134 CONSTITUTIONAL AMENDMENT 135 ARTICLE IV, SECTIONS 3 AND 4 136 ARTICLE IX, SECTION 2 137 ARTICLE XII 138 ELECTION OF COMMISSIONER OF EDUCATION; MEMBERSHIP OF 139 CABINET AND STATE BOARD OF EDUCATION.Revising membership of the 140 Cabinet and the State Board of Education, effective June 1, 141 2023, to include the Commissioner of Education, whom the 142 Governor shall appoint, subject to Senate confirmation, for a 143 term ending January 4, 2027; and thereafter providing for 144 statewide election of the commissioner beginning in 2026. 145 Currently, the commissioner is appointed by, and serves at the 146 pleasure of, the State Board of Education and is not a Cabinet 147 or state board member.