STORAGE NAME: h1325c.SAC
DATE: 3/20/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HJR 1325
TITLE: Succession to Office of Governor, Auditing, and
Government Efficiency
SPONSOR(S): Sirois, Snyder
COMPANION BILL: SJR 1756 (Fine)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Government Operations
14 Y, 3 N
State Affairs
17 Y, 8 N, As CS
SUMMARY
Effect of the Bill:
The House Joint Resolution (HJR) proposes a constitutional amendment to create the Commissioner of Government
Efficiency as a Cabinet officer responsible for investigating and reporting on fraud, waste, and abuse. The proposed
amendment also eliminates the Office of the Lieutenant Governor, the Government Efficiency Task Force, and the
requirement that the legislature appoint an auditor to audit public records and perform related duties. If approved
by the Legislature, the amendment would appear on the ballot for the 2026 general election.
Fiscal or Economic Impact:
The fiscal impact of the HJR is indeterminate, but likely insignificant. The HJR may result in additional costs to the
state due to the creation of the Commissioner of Government Efficiency; however, these costs will be at least
partially offset by the repeal of the Office of the Lieutenant Governor and the Government Efficiency Task Force. In
addition, the state will incur election-related costs due to publication and distribution requirements for proposed
constitutional amendments.
Extraordinary Vote Required for Passage:
The joint resolution requires a three-fifths vote of the membership of both houses of the Legislature for final
passage.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The House Joint Resolution (HJR) proposes an amendment to the constitution to establish a new Cabinet position,
the Commissioner of Government Efficiency (COGE). The COGE will be responsible for investigating and reporting
on fraud, waste, and abuse. As a Cabinet officer, the COGE will serve, alongside the Governor and Cabinet, as the
head of several departments, including the Department of Law Enforcement, the Department of Veteran’s Affairs,
and the Department of Highway Safety and Motor Vehicles. The HJR also places the COGE on the boards of trustees
of the Internal Improvement Trust Fund, the Land Acquisition Trust Fund, and the State Board of Administration.
The HJR requires the President of the Senate and the Speaker of the House of Representatives to convene the
Legislature no later than March 2, 2027, to appoint the first COGE by concurrent resolution. This appointee will
serve until the 2028 general election, at which point the office will transition to an elected position for the
remaining two years of the term. The individual appointed by the Legislature to serve as the COGE will be
prohibited from running for election for the position. Beginning with the 2030 general election, the COGE will be
elected on the same four-year cycle as the Governor and Cabinet and will be subject to the same eight-year term
limit. At the 2044 general election, the HJR provides that the voters must be given an opportunity to vote on
whether to repeal the COGE.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The HJR eliminates the Office of the Lieutenant Governor and modifies the gubernatorial succession procedure
accordingly. Instead of the Lieutenant Governor assuming the role of Governor if that office is vacant, the HJR
leaves the succession procedure to the Legislature to establish by law.
The HJR also repeals the Government Efficiency Task Force, which currently meets every four years to develop
recommendations for improving government operations and reducing costs, and the requirement for the
legislature to appoint an auditor to audit public records and perform other related duties.
Because the joint resolution proposes a state constitutional amendment, it requires a three-fifths vote of the
membership of each house of the Legislature to appear on the next general election ballot. If the HJR is placed on
the ballot, it must be approved by at least 60 percent of the electors voting on the measure for passage.
If the HJR is approved, the effective date of the provisions of the amendment eliminating the Government Efficiency
Task Force and establishing the COGE is upon approval of the electors. The provisions of the amendment
concerning the elimination of the Office of the Lieutenant Governor become effective on January 5, 2027.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The HJR may result in additional costs to the state due to the creation of the COGE; however, any additional costs
will be offset, at least in part, by the repeal of the Office of the Lieutenant Governor and the Government Efficiency
Task Force.
The State Constitution requires publication of a proposed amendment in a newspaper of general circulation in each
county.
1 The Division of Elections within the Department of State must advertise the full text of the amendment
twice in a newspaper of general circulation in each county where the amendment will appear on the ballot. The
division must also provide each supervisor of elections with either booklets or posters displaying the full text of
each proposed amendment.
2
The fiscal impact on the state is indeterminate at this time but likely insignificant.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Governor and Cabinet
The State of Florida, unlike the Federal Government, does not have a single head of the executive branch. Since
1870,
3 the state has divided the administration of the executive branch among the Governor and an independently
elected Cabinet:
4 the Attorney General (AG),
5 the Chief Financial Officer (CFO),
6 and the Commissioner of
Agriculture.
7 The Governor and Cabinet are elected during a statewide general election held in even-numbered
years that are not multiples of four (i.e. years in which the presidential election does not occur).
8 In the primary
election, candidates for Governor may choose to run without naming a Lieutenant Governor. But, in the general
election, candidates for Governor must run with a Lieutenant Governor candidate as a joint ticket, meaning voters
cast one vote for both positions. The Governor, Lieutenant Governor, and Cabinet members serve four-year terms
and are subject to an eight-year term limit.
9
1
Art. XI, s. 5(d), FLA. CONST.
2
S. 101.171, F.S.
3
Talbot D’Alemberte, The Florida Constitution, pg. 137 (2nd ed. 2016).
4
Art. IV, s. 4(a), FLA. CONST.
5
The AG is the state’s chief legal officer. Art. IV, s. 4(b), FLA. CONST.
6
The CFO is the state’s chief fiscal officer, responsible for settling state accounts and keeping all state funds and securities. Art.
IV, s. 4(c), FLA. CONST.
7
The Commissioner of Agriculture is responsible for supervising matters pertaining to agriculture. Art. IV, s. 4(d), FLA. CONST.
8
Art. IV, s. 5(a), FLA. CONST.
9
See art. IV, s. 5(b) and art. VI, s. 4(c), FLA. CONST. Note that the Governor, Lieutenant Governor, and Cabinet members may
serve in office for more than eight consecutive years under certain circumstances. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Gubernatorial Succession
The State Constitution establishes a framework for succession to the office of the Governor in the event of a
vacancy, impeachment, or incapacity.
10 If the office becomes vacant, the Lieutenant Governor assumes the office of
Governor and serves for the remainder of the term. If the Governor is impeached or incapacitated due to physical
or mental issues, the Lieutenant Governor serves as Acting Governor until the issue is resolved. The State
Constitution authorizes the Legislature to establish further succession procedures by law.
The Legislature has provided that if both the offices of Governor and Lieutenant Governor become vacant, the AG
assumes the role of Governor. If the AG’s office is also vacant, succession proceeds to the CFO, followed by the
Commissioner of Agriculture. If no statutory successor is available, the Speaker of the House of Representatives
and the President of the Senate must convene the Legislature within 15 days to select a Governor by majority vote.
The same line of succession applies in cases of impeachment or incapacity.
11
Office of the Lieutenant Governor
The Lieutenant Governor is a constitutional officer elected alongside the Governor.
12 The Lieutenant Governor’s
responsibilities include succeeding the Governor in case of a vacancy, carrying out executive duties as assigned by
the Governor, and serving on various bodies as required by law.
13
The role of Lieutenant Governor has not always existed in Florida’s government. The position was first established
in the 1865 State Constitution,
14 which provided that the Lieutenant Governor was elected independently of the
Governor and served as the ex officio President of the Senate, with the power to cast tie-breaking votes. However,
the role was abolished by the 1885 Constitution, and succession duties were transferred to the Senate President.
15
The Lieutenant Governor position did not exist again until the 1968 revision of the State Constitution reinstated
the position.
Government Efficiency Task Force
The Government Efficiency Task Force is mandated to meet every four years to evaluate ways to improve
government operations and reduce costs.
16 The task force was established following a 2006 constitutional
amendment approved by voters and was first convened in 2007.
17 The task force consists of 15 appointed
members—five each from the Governor, the Senate President, and the Speaker of the House of Representatives—
and is required to be composed of legislators and representatives from both the public and private sectors.
18 Staff
assistance is provided by the Legislature and Governor’s Office.
19 The task force reviews audits and reports from
oversight bodies such as the Auditor General, the Office of Program Policy Analysis and Government
Accountability, and agency inspectors general. It must complete its work within one year and submit its findings
and recommendations to the Legislative Budget Commission, the Governor, and the Chief Justice of the Supreme
Court.
20
Auditor General
The Auditor General is a constitutional officer appointed by the Legislature to audit public records and perform
other related functions as provided by law.
21 Current law specifies that the Auditor General is appointed by a
10
Art. IV, s. 3, FLA. CONST.
11
Ss. 14.055 and 14.056, F.S.
12
Art. IV, s. 5(a), FLA. CONST.
13
See Art. IV, ss. 2 and 3, FLA. CONST.; See also ss. 282.319, 282.802, and 381.4015, F.S.
14
Art. II, s. 4, FLA. CONST. (1865). Art. V, s. 14, FLA. CONST. (1868); Art. XVIII, s. 4, FLA. CONST. (1885).
15
Art. IV, s. 19, FLA. CONST. (1885).
16
Art. III, s. 19(i), FLA. CONST.
17
Government Efficiency Task Force, Final Report June 30, 2016 (last visited Feb. 24, 2025).
18
S. 11.9005(1), F.S.
19
S. 11.9005(4), F.S.
20
S. 11.9005(6), F.S.
21
Art. III, s. 2, FLA. CONST. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
majority vote of the Joint Legislative Auditing Committee (JLAC)
22 and confirmed by both houses of the
Legislature.
23
The Auditor General operates independently but under the broad policies set by law and JLAC.
24 The duties and
responsibilities of the Auditor General include conducting regular audits of governmental entities, including state
agencies, universities, school districts, and local government entities.
25 The Auditor General performs operational
audits to assess the efficiency of governmental programs and compliance with laws and regulations, performance
audits that evaluate the effectiveness of public programs, and financial audits to ensure financial statements are
presented accurately and in accordance with generally accepted accounting principles.
26 Audit findings and
recommendations are documented in reports provided to the Legislature and other relevant entities as required by
law.
State Board of Administration
The State Board of Administration (SBA) is established in the State Constitution and serves as the state’s
investment arm.
27 The SBA is governed by the Governor, the AG, and the CFO, sitting as its Board of Trustees, with
the Governor serving as chair. The SBA is responsible for investing the assets of the Florida Retirement System
(FRS) Pension Plan
28 and administering the FRS Investment Plan,
29 which combined represent approximately
$220.1 billion, or approximately 81.4 percent, of the $270.4 billion in assets managed by the SBA.
30 The SBA also
manages over 25 other investment portfolios, with combined assets of approximately $50.3 billion, including the
Florida Hurricane Catastrophe Fund, the Florida Lottery Fund, the Florida Prepaid College Plan, and various debt-
service accounts for state bond issues.
Internal Improvement Trust Fund
The Internal Improvement Trust Fund (IITF) is established in the State Constitution as a separate fund to manage
and protect state-owned lands and their associated revenues. The IITF is governed by the Governor and Cabinet,
sitting as its Board of Trustees. Florida originally received 500,000 acres of land from the federal government in
1845 for internal improvement projects, and additional swamplands were granted to the state in 1850.
31 These
lands and the proceeds from their sale were designated to support environmental development, forming the basis
of the IITF. Today, all revenues generated from designated sources for the IITF are required by law to be used for
the acquisition, management, administration, protection, and conservation of state lands.
32 The Board of Trustees
of the IITF oversees these funds and is responsible for the management and disposition of state-owned lands.
33 The
Board of Trustees of the IITF hold broad authority over state land use, including granting easements for rights-of-
way; however, significant land transactions require approval by at least three of the four trustees.
34 The Division of
22
JLAC is a joint committee of the Florida Legislature that may investigate matters related to audits conducted by the Auditor
General and the Office of Program Policy Analysis and Government Accountability. It has the authority to direct state agencies
to withhold funds from certain noncompliant entities and to notify certain state officials of reporting failures or other
noncompliance. See s. 11.40(1), F.S.
23
S. 11.42(2), F.S. The Auditor General must be certified as a public accountant for at least 10 years and have at least 10 years’
experience in an accounting or auditing related field.
24
S. 11.45(3), F.S.
25
See s. 11.45(2), F.S.
26
See s. 11.45(1)(d), (i), (j), and (2), F.S.
27
Art. IV, s. 4(e), FLA. CONST.
28
S. 121.151, F.S.
29
S. 121.4501(8), F.S.; see also, r. 19-13.001, F.A.C.
30
State Board of Administration, Performance Report Month Ending: December 31, 2024 (last visited Feb. 24, 2025).
31
S. 253.01, F.S.; DEP, History of State Lands (last visited Feb. 24, 2025).
32
S. 253.01(2), F.S.
33
S. 253.02(1), F.S.
34
Ss. 253.02(2) and 253.03(1), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
State Lands within the Florida Department of Environmental Protection (DEP) serves as the primary
administrative agency supporting the trustees in managing environmental resources.
35
Land Acquisition Trust Fund
The Land Acquisition Trust Fund (LATF) is established in the State Constitution as a separate fund created to
finance land acquisition and environmental conservation efforts in Florida.
36 The LATF is governed by the
Governor and Cabinet, sitting as its Board of Trustees. Established to support state programs like Florida Forever
37
and Everglades restoration, the LATF is funded primarily through documentary stamp tax revenues collected from
real estate transactions.
38 Unlike the IITF, which focuses on managing and maintaining state-owned lands, the
LATF is dedicated to purchasing new conservation lands, restoring ecosystems, and funding environmental
protection projects. The LATF is administered by DEP, but the Board of Trustees of the IITF holds title to all lands
acquired through the LATF.
39
U.S. Department of Government Efficiency
The Department of Government Efficiency (DOGE) is a federal initiative established by President Donald Trump
through an executive order on January 20, 2025.
40 The DOGE is not a traditional Cabinet-level department, but
instead operates as a temporary organization
41 under the U.S. DOGE Service, formerly known as the U.S. Digital
Service, within the executive office of the President. Its primary mission is to advance the President's agenda of
federal spending cuts and deregulation by modernizing federal technology and software to enhance governmental
efficiency and productivity.
42 The initiative has been involved in various activities, including terminating contracts
deemed unnecessary and recovering misallocated funds within federal agencies.
43
State Constitutional Amendment
The State Constitution provides that a joint resolution must pass by a three-fifths vote of the membership of both
houses.
44 If a joint resolution is approved, it must be submitted to the voters at the next general election.
45 The
State Constitution requires the proposed amendment to be published
46 twice in newspapers of general circulation
in each county in which a newspaper is published, once in the tenth week preceding the election and once in the
sixth week, to notify the electors of the measure.
47
If at least 60 percent of the electors voting on the measure approve it, the measure passes and becomes part of the
State Constitution.
48 An approved amendment takes effect on the first Tuesday after the first Monday in January
following the election, unless otherwise specified.
49
35
See ch. 253, F.S.; see also DEP, Division of State Lands (last visited Feb. 24, 2025).
36
S. 375.041(1), F.S.
37
Florida Forever is the state's conservation and recreation land acquisition program, aimed at protecting natural resources,
enhancing water quality, preserving cultural resources, and expanding public access to outdoor recreation. See DEP, Florida
Forever Frequently Asked Questions (last visited Feb. 25, 2025).
38
Ss. 201.15 and 375.041, F.S.
39
See s. 375.031(1), F.S.
40
Executive Order 14158 (2025).
41
The DOGE is scheduled to terminate on July 4, 2026. Id.
42
See Congressional Research Service, Department of Government Efficiency (DOGE) Executive Order: Early Implementation
(last visited Feb. 24, 2025).
43
See Department of Government Efficiency, Savings (last visited Feb. 24, 2025).
44
Art. XI, s. 1, FLA. CONST.
45
Art. XI, s. 5(a), FLA. CONST.; see also s. 97.021(17), F.S.
46
Such publication must also include notice of the date of the general election in which the proposed amendment or revision
will be submitted to the electors. See Art. XI, s, 5(d), FLA. CONST.
47
Id.
48
Art. XI, s. 5(e), FLA. CONST.
49
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Government Operations
Subcommittee
14 Y, 3 N 3/11/2025 Toliver Villa
State Affairs Committee 17 Y, 8 N, As CS 3/20/2025 Williamson Villa
THE CHANGES ADOPTED BY THE
COMMITTEE:
Clarified that the Legislature will convene and appoint a COGE no later
than March 2, 2027.
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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