88 | | - | The house of representatives by two -thirds vote shall have the 51 |
---|
89 | | - | power to impeach an officer. The speaker of the house of 52 |
---|
90 | | - | representatives shall have power at any time to appoint a 53 |
---|
91 | | - | committee to investigate charges against any officer subject to 54 |
---|
92 | | - | impeachment. 55 |
---|
93 | | - | (b) An officer impeached by the house of representatives 56 |
---|
94 | | - | shall be disqualified from performing any official duties until 57 |
---|
95 | | - | acquitted by the senate, and, unless impeached, the governor may 58 |
---|
96 | | - | by appointment fill the office until completion of the trial. 59 |
---|
97 | | - | (c) All impeachments by the house of representatives shall 60 |
---|
98 | | - | be tried by the senate. The chief justice of the supreme court, 61 |
---|
99 | | - | or another justice designated by the chief justice, shall 62 |
---|
100 | | - | preside at the trial, except in a trial of the chief justice, in 63 |
---|
101 | | - | which case the governor shall preside. The senate shall 64 |
---|
102 | | - | determine the time for the trial of any impeachment and may sit 65 |
---|
103 | | - | for the trial whether the house of representatives be in session 66 |
---|
104 | | - | or not. The time fixed for trial shall not be more than six 67 |
---|
105 | | - | months after the impeachment. During an impeachment trial 68 |
---|
106 | | - | senators shall be upon thei r oath or affirmation. No officer 69 |
---|
107 | | - | shall be convicted without the concurrence of two -thirds of the 70 |
---|
108 | | - | members of the senate present. Judgment of conviction in cases 71 |
---|
109 | | - | of impeachment shall remove the offender from office and, in the 72 |
---|
110 | | - | discretion of the senate, may include disqualification to hold 73 |
---|
111 | | - | any office of honor, trust or profit. Conviction or acquittal 74 |
---|
| 88 | + | and in the house as Speaker of the House of Representatives. The 51 |
---|
| 89 | + | senate shall designate a Secretary to serve at its pleasure, and 52 |
---|
| 90 | + | the house of representatives shall designate a Clerk to serve at 53 |
---|
| 91 | + | its pleasure. The legislature shall appoint an auditor to serve 54 |
---|
| 92 | + | at its pleasure who shall audit public records and perform 55 |
---|
| 93 | + | related duties as prescribed by law or concurrent resolution. 56 |
---|
| 94 | + | SECTION 17. Impeachment. — 57 |
---|
| 95 | + | (a) The governor, lieutenant governor, members of the 58 |
---|
| 96 | + | cabinet, justices of the supreme court, judges of district 59 |
---|
| 97 | + | courts of appeal, judges of circuit courts, and judges of county 60 |
---|
| 98 | + | courts shall be liable to impeachment for misdemeanor in office. 61 |
---|
| 99 | + | The house of representatives by two -thirds vote shall have the 62 |
---|
| 100 | + | power to impeach an officer. The speaker of the house of 63 |
---|
| 101 | + | representatives shall have power at any time to appoint a 64 |
---|
| 102 | + | committee to investigate charges against any officer subject to 65 |
---|
| 103 | + | impeachment. 66 |
---|
| 104 | + | (b) An officer impeached by the house of representatives 67 |
---|
| 105 | + | shall be disqualified from performing any official duties until 68 |
---|
| 106 | + | acquitted by the senate, and, unless impeached, the governor may 69 |
---|
| 107 | + | by appointment fill the office until completion of the trial. 70 |
---|
| 108 | + | (c) All impeachments by the house of representatives shall 71 |
---|
| 109 | + | be tried by the senate. The chief justice of the supreme court, 72 |
---|
| 110 | + | or another justice designated by the chief justice, shall 73 |
---|
| 111 | + | preside at the trial, except in a trial of the chief justice, in 74 |
---|
| 112 | + | which case the governor shall preside. The senate shall 75 |
---|
124 | | - | shall not affect the civil or criminal responsibility of the 75 |
---|
125 | | - | officer. 76 |
---|
126 | | - | SECTION 19. State Budgeting, Planning and Appropriations 77 |
---|
127 | | - | Processes.— 78 |
---|
128 | | - | (a) ANNUAL BUDGETING. 79 |
---|
129 | | - | (1) General law shall prescribe the adoption of annual 80 |
---|
130 | | - | state budgetary and planning processes and require that detail 81 |
---|
131 | | - | reflecting the annualized costs of the state budget and 82 |
---|
132 | | - | reflecting the nonrecurring costs of the budget requests shall 83 |
---|
133 | | - | accompany state department and agency legislative budget 84 |
---|
134 | | - | requests, the governor's recommended budget, and appropriation 85 |
---|
135 | | - | bills. 86 |
---|
136 | | - | (2) Unless approved by a three -fifths vote of the 87 |
---|
137 | | - | membership of each house, appropriations made for recurring 88 |
---|
138 | | - | purposes from nonrecurr ing general revenue funds for any fiscal 89 |
---|
139 | | - | year shall not exceed three percent of the total general revenue 90 |
---|
140 | | - | funds estimated to be available at the time such appropriation 91 |
---|
141 | | - | is made. 92 |
---|
142 | | - | (3) As prescribed by general law, each state department 93 |
---|
143 | | - | and agency shall be required to submit a legislative budget 94 |
---|
144 | | - | request that is based upon and that reflects the long -range 95 |
---|
145 | | - | financial outlook adopted by the joint legislative budget 96 |
---|
146 | | - | commission or that specifically explains any variance from the 97 |
---|
147 | | - | long-range financial outlook contai ned in the request. 98 |
---|
| 125 | + | determine the time for the trial of any impeachment and may sit 76 |
---|
| 126 | + | for the trial whether the h ouse of representatives be in session 77 |
---|
| 127 | + | or not. The time fixed for trial shall not be more than six 78 |
---|
| 128 | + | months after the impeachment. During an impeachment trial 79 |
---|
| 129 | + | senators shall be upon their oath or affirmation. No officer 80 |
---|
| 130 | + | shall be convicted without the concurre nce of two-thirds of the 81 |
---|
| 131 | + | members of the senate present. Judgment of conviction in cases 82 |
---|
| 132 | + | of impeachment shall remove the offender from office and, in the 83 |
---|
| 133 | + | discretion of the senate, may include disqualification to hold 84 |
---|
| 134 | + | any office of honor, trust or profit. Co nviction or acquittal 85 |
---|
| 135 | + | shall not affect the civil or criminal responsibility of the 86 |
---|
| 136 | + | officer. 87 |
---|
| 137 | + | SECTION 19. State Budgeting, Planning and Appropriations 88 |
---|
| 138 | + | Processes.— 89 |
---|
| 139 | + | (a) ANNUAL BUDGETING. 90 |
---|
| 140 | + | (1) General law shall prescribe the adoption of annual 91 |
---|
| 141 | + | state budgetary and planning processes and require that detail 92 |
---|
| 142 | + | reflecting the annualized costs of the state budget and 93 |
---|
| 143 | + | reflecting the nonrecurring costs of the budget requests shall 94 |
---|
| 144 | + | accompany state department and agency legislative budget 95 |
---|
| 145 | + | requests, the governor' s recommended budget, and appropriation 96 |
---|
| 146 | + | bills. 97 |
---|
| 147 | + | (2) Unless approved by a three -fifths vote of the 98 |
---|
| 148 | + | membership of each house, appropriations made for recurring 99 |
---|
| 149 | + | purposes from nonrecurring general revenue funds for any fiscal 100 |
---|
160 | | - | (4) For purposes of this section, the terms department and 99 |
---|
161 | | - | agency shall include the judicial branch. 100 |
---|
162 | | - | (b) APPROPRIATION BILLS FORMAT. Separate sections within 101 |
---|
163 | | - | the general appropriation bill shall be used for each major 102 |
---|
164 | | - | program area of the state budget; major program areas shall 103 |
---|
165 | | - | include: education enhancement "lottery" trust fund items; 104 |
---|
166 | | - | education (all other funds); human services; criminal justice 105 |
---|
167 | | - | and corrections; natural resources, environment, growth 106 |
---|
168 | | - | management, and transportation; general government; and judicial 107 |
---|
169 | | - | branch. Each major program area shall include an itemization of 108 |
---|
170 | | - | expenditures for: state operations; state capital outlay; aid to 109 |
---|
171 | | - | local governments and nonprofit organizations operations; aid to 110 |
---|
172 | | - | local governments and nonprof it organizations capital outlay; 111 |
---|
173 | | - | federal funds and the associated state matching funds; spending 112 |
---|
174 | | - | authorizations for operations; and spending authorizations for 113 |
---|
175 | | - | capital outlay. Additionally, appropriation bills passed by the 114 |
---|
176 | | - | legislature shall include an ite mization of specific 115 |
---|
177 | | - | appropriations that exceed one million dollars ($1,000,000.00) 116 |
---|
178 | | - | in 1992 dollars. For purposes of this subsection, "specific 117 |
---|
179 | | - | appropriation," "itemization," and "major program area" shall be 118 |
---|
180 | | - | defined by law. This itemization threshold shal l be adjusted by 119 |
---|
181 | | - | general law every four years to reflect the rate of inflation or 120 |
---|
182 | | - | deflation as indicated in the Consumer Price Index for All Urban 121 |
---|
183 | | - | Consumers, U.S. City Average, All Items, or successor reports as 122 |
---|
184 | | - | reported by the United States Department of Labor, Bureau of 123 |
---|
| 162 | + | year shall not exceed three perce nt of the total general revenue 101 |
---|
| 163 | + | funds estimated to be available at the time such appropriation 102 |
---|
| 164 | + | is made. 103 |
---|
| 165 | + | (3) As prescribed by general law, each state department 104 |
---|
| 166 | + | and agency shall be required to submit a legislative budget 105 |
---|
| 167 | + | request that is based upon and tha t reflects the long-range 106 |
---|
| 168 | + | financial outlook adopted by the joint legislative budget 107 |
---|
| 169 | + | commission or that specifically explains any variance from the 108 |
---|
| 170 | + | long-range financial outlook contained in the request. 109 |
---|
| 171 | + | (4) For purposes of this section, the terms departme nt and 110 |
---|
| 172 | + | agency shall include the judicial branch. 111 |
---|
| 173 | + | (b) APPROPRIATION BILLS FORMAT. Separate sections within 112 |
---|
| 174 | + | the general appropriation bill shall be used for each major 113 |
---|
| 175 | + | program area of the state budget; major program areas shall 114 |
---|
| 176 | + | include: education enhancem ent "lottery" trust fund items; 115 |
---|
| 177 | + | education (all other funds); human services; criminal justice 116 |
---|
| 178 | + | and corrections; natural resources, environment, growth 117 |
---|
| 179 | + | management, and transportation; general government; and judicial 118 |
---|
| 180 | + | branch. Each major program area shall inc lude an itemization of 119 |
---|
| 181 | + | expenditures for: state operations; state capital outlay; aid to 120 |
---|
| 182 | + | local governments and nonprofit organizations operations; aid to 121 |
---|
| 183 | + | local governments and nonprofit organizations capital outlay; 122 |
---|
| 184 | + | federal funds and the associated state ma tching funds; spending 123 |
---|
| 185 | + | authorizations for operations; and spending authorizations for 124 |
---|
| 186 | + | capital outlay. Additionally, appropriation bills passed by the 125 |
---|
197 | | - | Labor Statistics or its successor. Substantive bills containing 124 |
---|
198 | | - | appropriations shall also be subject to the itemization 125 |
---|
199 | | - | requirement mandated under this provision and shall be subject 126 |
---|
200 | | - | to the governor's specific appropriation veto power desc ribed in 127 |
---|
201 | | - | Article III, Section 8. 128 |
---|
202 | | - | (c) APPROPRIATIONS PROCESS. 129 |
---|
203 | | - | (1) No later than September 15 of each year, the joint 130 |
---|
204 | | - | legislative budget commission shall issue a long -range financial 131 |
---|
205 | | - | outlook setting out recommended fiscal strategies for the state 132 |
---|
206 | | - | and its departments and agencies in order to assist the 133 |
---|
207 | | - | legislature in making budget decisions. The long -range financial 134 |
---|
208 | | - | outlook must include major workload and revenue estimates. In 135 |
---|
209 | | - | order to implement this paragraph, the joint legislative budget 136 |
---|
210 | | - | commission shall use current official consensus estimates and 137 |
---|
211 | | - | may request the development of additional official estimates. 138 |
---|
212 | | - | (2) The joint legislative budget commission shall seek 139 |
---|
213 | | - | input from the public and from the executive and judicial 140 |
---|
214 | | - | branches when developing and reco mmending the long-range 141 |
---|
215 | | - | financial outlook. 142 |
---|
216 | | - | (3) The legislature shall prescribe by general law 143 |
---|
217 | | - | conditions under which limited adjustments to the budget, as 144 |
---|
218 | | - | recommended by the governor or the chief justice of the supreme 145 |
---|
219 | | - | court, may be approved without the concurrence of the full 146 |
---|
220 | | - | legislature. 147 |
---|
| 199 | + | legislature shall include an itemization of specific 126 |
---|
| 200 | + | appropriations that exceed one million dollars ($1,00 0,000.00) 127 |
---|
| 201 | + | in 1992 dollars. For purposes of this subsection, "specific 128 |
---|
| 202 | + | appropriation," "itemization," and "major program area" shall be 129 |
---|
| 203 | + | defined by law. This itemization threshold shall be adjusted by 130 |
---|
| 204 | + | general law every four years to reflect the rate of infla tion or 131 |
---|
| 205 | + | deflation as indicated in the Consumer Price Index for All Urban 132 |
---|
| 206 | + | Consumers, U.S. City Average, All Items, or successor reports as 133 |
---|
| 207 | + | reported by the United States Department of Labor, Bureau of 134 |
---|
| 208 | + | Labor Statistics or its successor. Substantive bills cont aining 135 |
---|
| 209 | + | appropriations shall also be subject to the itemization 136 |
---|
| 210 | + | requirement mandated under this provision and shall be subject 137 |
---|
| 211 | + | to the governor's specific appropriation veto power described in 138 |
---|
| 212 | + | Article III, Section 8. 139 |
---|
| 213 | + | (c) APPROPRIATIONS PROCESS. 140 |
---|
| 214 | + | (1) No later than September 15 of each year, the joint 141 |
---|
| 215 | + | legislative budget commission shall issue a long -range financial 142 |
---|
| 216 | + | outlook setting out recommended fiscal strategies for the state 143 |
---|
| 217 | + | and its departments and agencies in order to assist the 144 |
---|
| 218 | + | legislature in making bud get decisions. The long -range financial 145 |
---|
| 219 | + | outlook must include major workload and revenue estimates. In 146 |
---|
| 220 | + | order to implement this paragraph, the joint legislative budget 147 |
---|
| 221 | + | commission shall use current official consensus estimates and 148 |
---|
| 222 | + | may request the development of additional official estimates. 149 |
---|
233 | | - | (d) SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD. All general 148 |
---|
234 | | - | appropriation bills shall be furnished to each member of the 149 |
---|
235 | | - | legislature, each member of the cabinet, the governor, and the 150 |
---|
236 | | - | chief justice of the supreme court at least seventy-two hours 151 |
---|
237 | | - | before final passage by either house of the legislature of the 152 |
---|
238 | | - | bill in the form that will be presented to the governor. 153 |
---|
239 | | - | (e) FINAL BUDGET REPORT. A final budget report shall be 154 |
---|
240 | | - | prepared as prescribed by general law. The final bud get report 155 |
---|
241 | | - | shall be produced no later than the 120th day after the 156 |
---|
242 | | - | beginning of the fiscal year, and copies of the report shall be 157 |
---|
243 | | - | furnished to each member of the legislature, the head of each 158 |
---|
244 | | - | department and agency of the state, the auditor general, and th e 159 |
---|
245 | | - | chief justice of the supreme court. 160 |
---|
246 | | - | (f) TRUST FUNDS. 161 |
---|
247 | | - | (1) No trust fund of the State of Florida or other public 162 |
---|
248 | | - | body may be created or re -created by law without a three -fifths 163 |
---|
249 | | - | vote of the membership of each house of the legislature in a 164 |
---|
250 | | - | separate bill for that purpose only. 165 |
---|
251 | | - | (2) State trust funds shall terminate not more than four 166 |
---|
252 | | - | years after the effective date of the act authorizing the 167 |
---|
253 | | - | initial creation of the trust fund. By law the legislature may 168 |
---|
254 | | - | set a shorter time period for which any trust fund is 169 |
---|
255 | | - | authorized. 170 |
---|
256 | | - | (3) Trust funds required by federal programs or mandates; 171 |
---|
257 | | - | trust funds established for bond covenants, indentures, or 172 |
---|
| 235 | + | (2) The joint legislative budget commission shall seek 150 |
---|
| 236 | + | input from the public and from the executive and judicial 151 |
---|
| 237 | + | branches when developing and recommending the long -range 152 |
---|
| 238 | + | financial outlook. 153 |
---|
| 239 | + | (3) The legislature shall pre scribe by general law 154 |
---|
| 240 | + | conditions under which limited adjustments to the budget, as 155 |
---|
| 241 | + | recommended by the governor or the chief justice of the supreme 156 |
---|
| 242 | + | court, may be approved without the concurrence of the full 157 |
---|
| 243 | + | legislature. 158 |
---|
| 244 | + | (d) SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD. All general 159 |
---|
| 245 | + | appropriation bills shall be furnished to each member of the 160 |
---|
| 246 | + | legislature, each member of the cabinet, the governor, and the 161 |
---|
| 247 | + | chief justice of the supreme court at least seventy -two hours 162 |
---|
| 248 | + | before final passage by either house of the legis lature of the 163 |
---|
| 249 | + | bill in the form that will be presented to the governor. 164 |
---|
| 250 | + | (e) FINAL BUDGET REPORT. A final budget report shall be 165 |
---|
| 251 | + | prepared as prescribed by general law. The final budget report 166 |
---|
| 252 | + | shall be produced no later than the 120th day after the 167 |
---|
| 253 | + | beginning of the fiscal year, and copies of the report shall be 168 |
---|
| 254 | + | furnished to each member of the legislature, the head of each 169 |
---|
| 255 | + | department and agency of the state, the auditor general, and the 170 |
---|
| 256 | + | chief justice of the supreme court. 171 |
---|
| 257 | + | (f) TRUST FUNDS. 172 |
---|
| 258 | + | (1) No trust fund of the State of Florida or other public 173 |
---|
| 259 | + | body may be created or re -created by law without a three -fifths 174 |
---|
270 | | - | resolutions, whose revenues are legally pledged by the state or 173 |
---|
271 | | - | public body to meet debt service or other financial requirem ents 174 |
---|
272 | | - | of any debt obligations of the state or any public body; the 175 |
---|
273 | | - | state transportation trust fund; the trust fund containing the 176 |
---|
274 | | - | net annual proceeds from the Florida Education Lotteries; the 177 |
---|
275 | | - | Florida retirement trust fund; trust funds for institutions 178 |
---|
276 | | - | under the management of the Board of Governors, where such trust 179 |
---|
277 | | - | funds are for auxiliary enterprises and contracts, grants, and 180 |
---|
278 | | - | donations, as those terms are defined by general law; trust 181 |
---|
279 | | - | funds that serve as clearing funds or accounts for the chief 182 |
---|
280 | | - | financial officer or state agencies; trust funds that account 183 |
---|
281 | | - | for assets held by the state in a trustee capacity as an agent 184 |
---|
282 | | - | or fiduciary for individuals, private organizations, or other 185 |
---|
283 | | - | governmental units; and other trust funds authorized by this 186 |
---|
284 | | - | Constitution, are no t subject to the requirements set forth in 187 |
---|
285 | | - | paragraph (2) of this subsection. 188 |
---|
286 | | - | (4) All cash balances and income of any trust funds 189 |
---|
287 | | - | abolished under this subsection shall be deposited into the 190 |
---|
288 | | - | general revenue fund. 191 |
---|
289 | | - | (g) BUDGET STABILIZATION FUND. Subject t o the provisions 192 |
---|
290 | | - | of this subsection, an amount equal to at least 5% of the last 193 |
---|
291 | | - | completed fiscal year's net revenue collections for the general 194 |
---|
292 | | - | revenue fund shall be retained in the budget stabilization fund. 195 |
---|
293 | | - | The budget stabilization fund's principal balan ce shall not 196 |
---|
294 | | - | exceed an amount equal to 10% of the last completed fiscal 197 |
---|
| 272 | + | vote of the membership of each house of the legislature in a 175 |
---|
| 273 | + | separate bill for that purpose only. 176 |
---|
| 274 | + | (2) State trust funds shall terminate not more th an four 177 |
---|
| 275 | + | years after the effective date of the act authorizing the 178 |
---|
| 276 | + | initial creation of the trust fund. By law the legislature may 179 |
---|
| 277 | + | set a shorter time period for which any trust fund is 180 |
---|
| 278 | + | authorized. 181 |
---|
| 279 | + | (3) Trust funds required by federal programs or mandates; 182 |
---|
| 280 | + | trust funds established for bond covenants, indentures, or 183 |
---|
| 281 | + | resolutions, whose revenues are legally pledged by the state or 184 |
---|
| 282 | + | public body to meet debt service or other financial requirements 185 |
---|
| 283 | + | of any debt obligations of the state or any public body; the 186 |
---|
| 284 | + | state transportation trust fund; the trust fund containing the 187 |
---|
| 285 | + | net annual proceeds from the Florida Education Lotteries; the 188 |
---|
| 286 | + | Florida retirement trust fund; trust funds for institutions 189 |
---|
| 287 | + | under the management of the Board of Governors, where such trust 190 |
---|
| 288 | + | funds are for auxiliary enterprises and contracts, grants, and 191 |
---|
| 289 | + | donations, as those terms are defined by general law; trust 192 |
---|
| 290 | + | funds that serve as clearing funds or accounts for the chief 193 |
---|
| 291 | + | financial officer or state agencies; trust funds that account 194 |
---|
| 292 | + | for assets held by the s tate in a trustee capacity as an agent 195 |
---|
| 293 | + | or fiduciary for individuals, private organizations, or other 196 |
---|
| 294 | + | governmental units; and other trust funds authorized by this 197 |
---|
| 295 | + | Constitution, are not subject to the requirements set forth in 198 |
---|
| 296 | + | paragraph (2) of this subsectio n. 199 |
---|
307 | | - | year's net revenue collections for the general revenue fund. The 198 |
---|
308 | | - | legislature shall provide criteria for withdrawing funds from 199 |
---|
309 | | - | the budget stabilization fund in a separate bill for that 200 |
---|
310 | | - | purpose only and only for the purpose of covering revenue 201 |
---|
311 | | - | shortfalls of the general revenue fund or for the purpose of 202 |
---|
312 | | - | providing funding for an emergency, as defined by general law. 203 |
---|
313 | | - | General law shall provide for the restoration of this fund. The 204 |
---|
314 | | - | budget stabilization fund shall be comprised of funds not 205 |
---|
315 | | - | otherwise obligated or committed for any purpose. 206 |
---|
316 | | - | (h) LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT AND 207 |
---|
317 | | - | AGENCY PLANNING DOCUMENT PROCESSES. General law shall provide 208 |
---|
318 | | - | for a long-range state planning do cument. The governor shall 209 |
---|
319 | | - | recommend to the legislature biennially any revisions to the 210 |
---|
320 | | - | long-range state planning document, as defined by law. General 211 |
---|
321 | | - | law shall require a biennial review and revision of the long -212 |
---|
322 | | - | range state planning document and shall requ ire all departments 213 |
---|
323 | | - | and agencies of state government to develop planning documents 214 |
---|
324 | | - | that identify statewide strategic goals and objectives, 215 |
---|
325 | | - | consistent with the long -range state planning document. The 216 |
---|
326 | | - | long-range state planning document and department and age ncy 217 |
---|
327 | | - | planning documents shall remain subject to review and revision 218 |
---|
328 | | - | by the legislature. The long -range state planning document must 219 |
---|
329 | | - | include projections of future needs and resources of the state 220 |
---|
330 | | - | which are consistent with the long -range financial outlook. Th e 221 |
---|
331 | | - | department and agency planning documents shall include a 222 |
---|
| 309 | + | (4) All cash balances and income of any trust funds 200 |
---|
| 310 | + | abolished under this subsection shall be deposited into the 201 |
---|
| 311 | + | general revenue fund. 202 |
---|
| 312 | + | (g) BUDGET STABILIZATION FUND. Subject to the provisions 203 |
---|
| 313 | + | of this subsection, an amount equal to at least 5% of the last 204 |
---|
| 314 | + | completed fiscal year's net revenue collections for the general 205 |
---|
| 315 | + | revenue fund shall be retained in the budget stabilization fund. 206 |
---|
| 316 | + | The budget stabilization fund's principal balance shall not 207 |
---|
| 317 | + | exceed an amount equal to 10% of the last completed fiscal 208 |
---|
| 318 | + | year's net revenue collections for the general revenue fund. The 209 |
---|
| 319 | + | legislature shall provide criteria for withdrawing funds from 210 |
---|
| 320 | + | the budget stabilization fund in a separate bill for that 211 |
---|
| 321 | + | purpose only and only for the purpose of covering revenue 212 |
---|
| 322 | + | shortfalls of the general revenue fund or for the purpose of 213 |
---|
| 323 | + | providing funding for an emergency, as defined by general law. 214 |
---|
| 324 | + | General law shall provide for the restoration of this fund. The 215 |
---|
| 325 | + | budget stabilization fund shall be comprised of funds not 216 |
---|
| 326 | + | otherwise obligated or co mmitted for any purpose. 217 |
---|
| 327 | + | (h) LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT AND 218 |
---|
| 328 | + | AGENCY PLANNING DOCUMENT PROCESSES. General law shall provide 219 |
---|
| 329 | + | for a long-range state planning document. The governor shall 220 |
---|
| 330 | + | recommend to the legislature biennially any rev isions to the 221 |
---|
| 331 | + | long-range state planning document, as defined by law. General 222 |
---|
| 332 | + | law shall require a biennial review and revision of the long -223 |
---|
| 333 | + | range state planning document and shall require all departments 224 |
---|
344 | | - | prioritized listing of planned expenditures for review and 223 |
---|
345 | | - | possible reduction in the event of revenue shortfalls, as 224 |
---|
346 | | - | defined by general law. 225 |
---|
347 | | - | (i) GOVERNMENT EFFICIENCY TASK FORCE. No later than 226 |
---|
348 | | - | January of 2007, and each fourth year thereafter, the president 227 |
---|
349 | | - | of the senate, the speaker of the house of representatives, and 228 |
---|
350 | | - | the governor shall appoint a government efficiency task force, 229 |
---|
351 | | - | the membership of which shall be established by general law. The 230 |
---|
352 | | - | task force shall be composed of members of the legislature and 231 |
---|
353 | | - | representatives from the private and public sectors who shall 232 |
---|
354 | | - | develop recommendations for improving governmental operations 233 |
---|
355 | | - | and reducing costs. Staff to assist the task force in performing 234 |
---|
356 | | - | its duties shall be assigned by general law, and the task force 235 |
---|
357 | | - | may obtain assistance from the private sector. The task force 236 |
---|
358 | | - | shall complete its work within one year and shall submit its 237 |
---|
359 | | - | recommendations to the joint legislative budget commission, the 238 |
---|
360 | | - | governor, and the chief justice of the supreme court. 239 |
---|
361 | | - | (i)(j) JOINT LEGISLATIVE BUDGET COMMISSION. There is 240 |
---|
362 | | - | created within the legislature the joint legislative budget 241 |
---|
363 | | - | commission composed of equal numbers of senate members appointed 242 |
---|
364 | | - | by the president of the senate and house members appointed by 243 |
---|
365 | | - | the speaker of the house of representatives. Each member shall 244 |
---|
366 | | - | serve at the pleasure of the officer who appointed the member. A 245 |
---|
367 | | - | vacancy on the commission shall be filled in the same manner as 246 |
---|
368 | | - | the original appointment. From No vember of each odd-numbered 247 |
---|
| 346 | + | and agencies of state government to develop planning d ocuments 225 |
---|
| 347 | + | that identify statewide strategic goals and objectives, 226 |
---|
| 348 | + | consistent with the long -range state planning document. The 227 |
---|
| 349 | + | long-range state planning document and department and agency 228 |
---|
| 350 | + | planning documents shall remain subject to review and revision 229 |
---|
| 351 | + | by the legislature. The long -range state planning document must 230 |
---|
| 352 | + | include projections of future needs and resources of the state 231 |
---|
| 353 | + | which are consistent with the long -range financial outlook. The 232 |
---|
| 354 | + | department and agency planning documents shall include a 233 |
---|
| 355 | + | prioritized listing of planned expenditures for review and 234 |
---|
| 356 | + | possible reduction in the event of revenue shortfalls, as 235 |
---|
| 357 | + | defined by general law. 236 |
---|
| 358 | + | (i) GOVERNMENT EFFICIENCY TASK FORCE. No later than 237 |
---|
| 359 | + | January of 2007, and each fourth year thereafter, the president 238 |
---|
| 360 | + | of the senate, the speaker of the house of representatives, and 239 |
---|
| 361 | + | the governor shall appoint a government efficiency task force, 240 |
---|
| 362 | + | the membership of which shall be established by general law. The 241 |
---|
| 363 | + | task force shall be composed of members of the legislature and 242 |
---|
| 364 | + | representatives from the private and public sectors who shall 243 |
---|
| 365 | + | develop recommendations for improving governmental operations 244 |
---|
| 366 | + | and reducing costs. Staff to assist the task force in performing 245 |
---|
| 367 | + | its duties shall be assigned by general law, and the task force 246 |
---|
| 368 | + | may obtain assistance from the private sector. The task force 247 |
---|
| 369 | + | shall complete its work within one year and shall submit its 248 |
---|
381 | | - | year through October of each even -numbered year, the chairperson 248 |
---|
382 | | - | of the joint legislative budget commission shall be appointed by 249 |
---|
383 | | - | the president of the senate and the vice chairperson of the 250 |
---|
384 | | - | commission shall be appointed by the s peaker of the house of 251 |
---|
385 | | - | representatives. From November of each even -numbered year 252 |
---|
386 | | - | through October of each odd -numbered year, the chairperson of 253 |
---|
387 | | - | the joint legislative budget commission shall be appointed by 254 |
---|
388 | | - | the speaker of the house of representatives and the vice 255 |
---|
389 | | - | chairperson of the commission shall be appointed by the 256 |
---|
390 | | - | president of the senate. The joint legislative budget commission 257 |
---|
391 | | - | shall be governed by the joint rules of the senate and the house 258 |
---|
392 | | - | of representatives, which shall remain in effect until repealed 259 |
---|
393 | | - | or amended by concurrent resolution. The commission shall 260 |
---|
394 | | - | convene at least quarterly and shall convene at the call of the 261 |
---|
395 | | - | president of the senate and the speaker of the house of 262 |
---|
396 | | - | representatives. A majority of the commission members of each 263 |
---|
397 | | - | house plus one additional member from either house constitutes a 264 |
---|
398 | | - | quorum. Action by the commission requires a majority vote of the 265 |
---|
399 | | - | commission members present of each house. The commission may 266 |
---|
400 | | - | conduct its meetings through teleconferences or similar means. 267 |
---|
401 | | - | In addition to the powers and duties specified in this 268 |
---|
402 | | - | subsection, the joint legislative budget commission shall 269 |
---|
403 | | - | exercise all other powers and perform any other duties not in 270 |
---|
404 | | - | conflict with paragraph (c)(3) and as prescribed by general law 271 |
---|
405 | | - | or joint rule. 272 |
---|
| 382 | + | recommendations to the joint legislative budget commission, the 249 |
---|
| 383 | + | governor, and the chief justice of the supreme court. 250 |
---|
| 384 | + | (i)(j) JOINT LEGISLATIVE BUD GET COMMISSION. There is 251 |
---|
| 385 | + | created within the legislature the joint legislative budget 252 |
---|
| 386 | + | commission composed of equal numbers of senate members appointed 253 |
---|
| 387 | + | by the president of the senate and house members appointed by 254 |
---|
| 388 | + | the speaker of the house of representatives . Each member shall 255 |
---|
| 389 | + | serve at the pleasure of the officer who appointed the member. A 256 |
---|
| 390 | + | vacancy on the commission shall be filled in the same manner as 257 |
---|
| 391 | + | the original appointment. From November of each odd -numbered 258 |
---|
| 392 | + | year through October of each even -numbered year, the chairperson 259 |
---|
| 393 | + | of the joint legislative budget commission shall be appointed by 260 |
---|
| 394 | + | the president of the senate and the vice chairperson of the 261 |
---|
| 395 | + | commission shall be appointed by the speaker of the house of 262 |
---|
| 396 | + | representatives. From November of each even -numbered year 263 |
---|
| 397 | + | through October of each odd -numbered year, the chairperson of 264 |
---|
| 398 | + | the joint legislative budget commission shall be appointed by 265 |
---|
| 399 | + | the speaker of the house of representatives and the vice 266 |
---|
| 400 | + | chairperson of the commission shall be appointed by the 267 |
---|
| 401 | + | president of the senate. The joint legislative budget commission 268 |
---|
| 402 | + | shall be governed by the joint rules of the senate and the house 269 |
---|
| 403 | + | of representatives, which shall remain in effect until repealed 270 |
---|
| 404 | + | or amended by concurrent resolution. The commission shall 271 |
---|
| 405 | + | convene at least quarterly and shall convene at the call of the 272 |
---|
| 406 | + | president of the senate and the speaker of the house of 273 |
---|
418 | | - | ARTICLE IV 273 |
---|
419 | | - | EXECUTIVE 274 |
---|
420 | | - | SECTION 2. Lieutenant governor. —There shall be a 275 |
---|
421 | | - | lieutenant governor, who shall perform such duties pertaining to 276 |
---|
422 | | - | the office of governor as shall be assigned by the governor, 277 |
---|
423 | | - | except when otherwise provided by law, and such other duties as 278 |
---|
424 | | - | may be prescribed by law. 279 |
---|
425 | | - | SECTION 3. Succession to office of governor; acting 280 |
---|
426 | | - | governor.— 281 |
---|
427 | | - | (a) Upon vacancy in the office of governor, the lieutenant 282 |
---|
428 | | - | governor shall become governor. Further Succession to the office 283 |
---|
429 | | - | of governor shall be prescribed by law when there is a vacancy 284 |
---|
430 | | - | in the office of governor . A successor shall serve for the 285 |
---|
431 | | - | remainder of the term. 286 |
---|
432 | | - | (b) Upon impeachment of the governor and until completion 287 |
---|
433 | | - | of trial thereof, or during the governor's physical or mental 288 |
---|
434 | | - | incapacity, general law shall prescribe who the lieutenant 289 |
---|
435 | | - | governor shall act as governor. Further succession as acting 290 |
---|
436 | | - | governor may shall be prescribed by law. Incapacity to serve as 291 |
---|
437 | | - | governor may be determined by the supreme court upon due notice 292 |
---|
438 | | - | after docketing of a written suggestion thereof by three cabinet 293 |
---|
439 | | - | members, and in such case restoration of capacity shall be 294 |
---|
440 | | - | similarly determined after docketing of written suggestion 295 |
---|
441 | | - | thereof by the governor, the legislature or three cabinet 296 |
---|
442 | | - | members. Incapacity to serve as governor may also be establishe d 297 |
---|
| 419 | + | representatives. A majority of the commission members of each 274 |
---|
| 420 | + | house plus one additional member from either house constitutes a 275 |
---|
| 421 | + | quorum. Action by the com mission requires a majority vote of the 276 |
---|
| 422 | + | commission members present of each house. The commission may 277 |
---|
| 423 | + | conduct its meetings through teleconferences or similar means. 278 |
---|
| 424 | + | In addition to the powers and duties specified in this 279 |
---|
| 425 | + | subsection, the joint legislative bud get commission shall 280 |
---|
| 426 | + | exercise all other powers and perform any other duties not in 281 |
---|
| 427 | + | conflict with paragraph (c)(3) and as prescribed by general law 282 |
---|
| 428 | + | or joint rule. 283 |
---|
| 429 | + | ARTICLE IV 284 |
---|
| 430 | + | EXECUTIVE 285 |
---|
| 431 | + | SECTION 2. Lieutenant governor. —There shall be a 286 |
---|
| 432 | + | lieutenant governor, who shall perform such duties pertaining to 287 |
---|
| 433 | + | the office of governor as shall be assigned by the governor, 288 |
---|
| 434 | + | except when otherwise provided by law, and such other duties as 289 |
---|
| 435 | + | may be prescribed by law. 290 |
---|
| 436 | + | SECTION 3. Succession to office of governor; acting 291 |
---|
| 437 | + | governor.— 292 |
---|
| 438 | + | (a) Upon vacancy in the office of governor, the lieutenant 293 |
---|
| 439 | + | governor shall become governor. Further Succession to the office 294 |
---|
| 440 | + | of governor shall be prescribed by law when there is a vacancy 295 |
---|
| 441 | + | in the office of governor . A successor shall serve for the 296 |
---|
| 442 | + | remainder of the term. 297 |
---|
455 | | - | by certificate filed with the custodian of state records by the 298 |
---|
456 | | - | governor declaring incapacity for physical reasons to serve as 299 |
---|
457 | | - | governor, and in such case restoration of capacity shall be 300 |
---|
458 | | - | similarly established. 301 |
---|
459 | | - | SECTION 4. Cabinet. — 302 |
---|
460 | | - | (a) There shall be a cabinet composed of an attorney 303 |
---|
461 | | - | general, a chief financial officer, and a commissioner of 304 |
---|
462 | | - | agriculture, and a commissioner of government efficiency . In 305 |
---|
463 | | - | addition to the powers and duties specified herein, they shall 306 |
---|
464 | | - | exercise such powers and perform such duties as may be 307 |
---|
465 | | - | prescribed by law. In the event of a tie vote of the governor 308 |
---|
466 | | - | and cabinet, the side on which the governor voted shall be 309 |
---|
467 | | - | deemed to prevail. 310 |
---|
468 | | - | (b) The attorney general shall be the chief state legal 311 |
---|
469 | | - | officer. There is creat ed in the office of the attorney general 312 |
---|
470 | | - | the position of statewide prosecutor. The statewide prosecutor 313 |
---|
471 | | - | shall have concurrent jurisdiction with the state attorneys to 314 |
---|
472 | | - | prosecute violations of criminal laws occurring or having 315 |
---|
473 | | - | occurred, in two or more judici al circuits as part of a related 316 |
---|
474 | | - | transaction, or when any such offense is affecting or has 317 |
---|
475 | | - | affected two or more judicial circuits as provided by general 318 |
---|
476 | | - | law. The statewide prosecutor shall be appointed by the attorney 319 |
---|
477 | | - | general from not less than three perso ns nominated by the 320 |
---|
478 | | - | judicial nominating commission for the supreme court, or as 321 |
---|
479 | | - | otherwise provided by general law. 322 |
---|
| 455 | + | (b) Upon impeachment of the governor and until completion 298 |
---|
| 456 | + | of trial thereof, or during the governor's physical or mental 299 |
---|
| 457 | + | incapacity, general law shall prescribe who the lieutenant 300 |
---|
| 458 | + | governor shall act as governor. Further succession as a cting 301 |
---|
| 459 | + | governor may shall be prescribed by law. Incapacity to serve as 302 |
---|
| 460 | + | governor may be determined by the supreme court upon due notice 303 |
---|
| 461 | + | after docketing of a written suggestion thereof by three cabinet 304 |
---|
| 462 | + | members, and in such case restoration of capacity shall b e 305 |
---|
| 463 | + | similarly determined after docketing of written suggestion 306 |
---|
| 464 | + | thereof by the governor, the legislature or three cabinet 307 |
---|
| 465 | + | members. Incapacity to serve as governor may also be established 308 |
---|
| 466 | + | by certificate filed with the custodian of state records by the 309 |
---|
| 467 | + | governor declaring incapacity for physical reasons to serve as 310 |
---|
| 468 | + | governor, and in such case restoration of capacity shall be 311 |
---|
| 469 | + | similarly established. 312 |
---|
| 470 | + | SECTION 4. Cabinet. — 313 |
---|
| 471 | + | (a) There shall be a cabinet composed of an attorney 314 |
---|
| 472 | + | general, a chief financial officer, and a commissioner of 315 |
---|
| 473 | + | agriculture, and a commissioner of government efficiency . In 316 |
---|
| 474 | + | addition to the powers and duties specified herein, they shall 317 |
---|
| 475 | + | exercise such powers and perform such duties as may be 318 |
---|
| 476 | + | prescribed by law. In the event of a tie vote of the gover nor 319 |
---|
| 477 | + | and cabinet, the side on which the governor voted shall be 320 |
---|
| 478 | + | deemed to prevail. 321 |
---|
492 | | - | (c) The chief financial officer shall serve as the chief 323 |
---|
493 | | - | fiscal officer of the state, and shall settle and approve 324 |
---|
494 | | - | accounts against the sta te, and shall keep all state funds and 325 |
---|
495 | | - | securities. 326 |
---|
496 | | - | (d) The commissioner of agriculture shall have supervision 327 |
---|
497 | | - | of matters pertaining to agriculture except as otherwise 328 |
---|
498 | | - | provided by law. 329 |
---|
499 | | - | (e) The commissioner of government efficiency shall have 330 |
---|
500 | | - | the power to audit, investigate, and report on fraud, waste, and 331 |
---|
501 | | - | abuse exclusively within the executive branch of state 332 |
---|
502 | | - | government and within counties, municipalities, and special 333 |
---|
503 | | - | districts as provided by law. 334 |
---|
504 | | - | (f)(e) The governor as chair, the chief financial offic er, 335 |
---|
505 | | - | and the attorney general , and the commissioner of government 336 |
---|
506 | | - | efficiency shall constitute the state board of administration, 337 |
---|
507 | | - | which shall succeed to all the power, control, and authority of 338 |
---|
508 | | - | the state board of administration established pursuant to 339 |
---|
509 | | - | Article IX, Section 16 of the Constitution of 1885, and which 340 |
---|
510 | | - | shall continue as a body at least for the life of Article XII, 341 |
---|
511 | | - | Section 9(c). 342 |
---|
512 | | - | (g)(f) The governor as chair, the chief financial officer, 343 |
---|
513 | | - | the attorney general, and the commissioner of agriculture , and 344 |
---|
514 | | - | the commissioner of government efficiency shall constitute the 345 |
---|
515 | | - | trustees of the internal improvement trust fund and the land 346 |
---|
516 | | - | acquisition trust fund as provided by law. 347 |
---|
| 491 | + | (b) The attorney general shall be the chief state legal 322 |
---|
| 492 | + | officer. There is created in the office of the attorney general 323 |
---|
| 493 | + | the position of statewide prosecutor. The statewide prosecutor 324 |
---|
| 494 | + | shall have concurrent jurisdiction with the state attorneys to 325 |
---|
| 495 | + | prosecute violations of criminal laws occurring or having 326 |
---|
| 496 | + | occurred, in two or more judicial circuits as part of a related 327 |
---|
| 497 | + | transaction, or when any such offense is affecting or has 328 |
---|
| 498 | + | affected two or more judicial circuits as provided by general 329 |
---|
| 499 | + | law. The statewide prosecutor shall be appointed by the attorney 330 |
---|
| 500 | + | general from not less than three persons nominated by the 331 |
---|
| 501 | + | judicial nominating commission for the supreme court, or as 332 |
---|
| 502 | + | otherwise provided by general law. 333 |
---|
| 503 | + | (c) The chief financial officer shall serve as the chief 334 |
---|
| 504 | + | fiscal officer of the state, and shall settle and approve 335 |
---|
| 505 | + | accounts against the state, and shall keep all state funds and 336 |
---|
| 506 | + | securities. 337 |
---|
| 507 | + | (d) The commissioner of agriculture shal l have supervision 338 |
---|
| 508 | + | of matters pertaining to agriculture except as otherwise 339 |
---|
| 509 | + | provided by law. 340 |
---|
| 510 | + | (e) The commissioner of government efficiency shall have 341 |
---|
| 511 | + | the power to audit, investigate, and report on fraud, waste, and 342 |
---|
| 512 | + | abuse exclusively within the executive branch of state 343 |
---|
| 513 | + | government and within counties, municipalities, and special 344 |
---|
| 514 | + | districts as provided by law. 345 |
---|
529 | | - | (h)(g) The governor as chair, the chief financial officer, 348 |
---|
530 | | - | the attorney general, and the commissioner of agriculture , and 349 |
---|
531 | | - | the commissioner of government efficiency shall constitute the 350 |
---|
532 | | - | agency head of the Department of Law Enforcement. The Office of 351 |
---|
533 | | - | Domestic Security and Counterterrorism is created within the 352 |
---|
534 | | - | Department of Law Enforcement. T he Office of Domestic Security 353 |
---|
535 | | - | and Counterterrorism shall provide support for prosecutors and 354 |
---|
536 | | - | federal, state, and local law enforcement agencies that 355 |
---|
537 | | - | investigate or analyze information relating to attempts or acts 356 |
---|
538 | | - | of terrorism or that prosecute terrorism, and shall perform any 357 |
---|
539 | | - | other duties that are provided by law. 358 |
---|
540 | | - | SECTION 5. Election of governor , lieutenant governor and 359 |
---|
541 | | - | cabinet members; qualifications; terms. — 360 |
---|
542 | | - | (a) At a state-wide general election in each calendar year 361 |
---|
543 | | - | the number of which is even but no t a multiple of four, the 362 |
---|
544 | | - | electors shall choose a governor and a lieutenant governor and 363 |
---|
545 | | - | members of the cabinet each for a term of four years beginning 364 |
---|
546 | | - | on the first Tuesday after the first Monday in January of the 365 |
---|
547 | | - | succeeding year. In primary elections, can didates for the office 366 |
---|
548 | | - | of governor may choose to run without a lieutenant governor 367 |
---|
549 | | - | candidate. In the general election, all candidates for the 368 |
---|
550 | | - | offices of governor and lieutenant governor shall form joint 369 |
---|
551 | | - | candidacies in a manner prescribed by law so that eac h voter 370 |
---|
552 | | - | shall cast a single vote for a candidate for governor and a 371 |
---|
553 | | - | candidate for lieutenant governor running together. 372 |
---|
| 527 | + | (f)(e) The governor as chair, the chief financial officer, 346 |
---|
| 528 | + | and the attorney general , and the commissioner of government 347 |
---|
| 529 | + | efficiency shall constitute the state board of administration, 348 |
---|
| 530 | + | which shall succeed to all the power, control, and authority of 349 |
---|
| 531 | + | the state board of administration established pursuant to 350 |
---|
| 532 | + | Article IX, Section 16 of the Constitution of 1885, and which 351 |
---|
| 533 | + | shall continue as a body at least for the life of Article XII, 352 |
---|
| 534 | + | Section 9(c). 353 |
---|
| 535 | + | (g)(f) The governor as chair, the chief financial officer, 354 |
---|
| 536 | + | the attorney general, and the commissioner of agriculture , and 355 |
---|
| 537 | + | the commissioner of government efficiency shall constitute the 356 |
---|
| 538 | + | trustees of the internal impr ovement trust fund and the land 357 |
---|
| 539 | + | acquisition trust fund as provided by law. 358 |
---|
| 540 | + | (h)(g) The governor as chair, the chief financial officer, 359 |
---|
| 541 | + | the attorney general, and the commissioner of agriculture , and 360 |
---|
| 542 | + | the commissioner of government efficiency shall constitute the 361 |
---|
| 543 | + | agency head of the Department of Law Enforcement. The Office of 362 |
---|
| 544 | + | Domestic Security and Counterterrorism is created within the 363 |
---|
| 545 | + | Department of Law Enforcement. The Office of Domestic Security 364 |
---|
| 546 | + | and Counterterrorism shall provide support for prosecutors and 365 |
---|
| 547 | + | federal, state, and local law enforcement agencies that 366 |
---|
| 548 | + | investigate or analyze information relating to attempts or acts 367 |
---|
| 549 | + | of terrorism or that prosecute terrorism, and shall perform any 368 |
---|
| 550 | + | other duties that are provided by law. 369 |
---|
566 | | - | (b) When elected, the governor , lieutenant governor and 373 |
---|
567 | | - | each cabinet member must be an elector not less than thirty 374 |
---|
568 | | - | years of age who has resided in the state for the preceding 375 |
---|
569 | | - | seven years. The attorney general must have been a member of the 376 |
---|
570 | | - | bar of Florida for the preceding five years. No person who has, 377 |
---|
571 | | - | or but for resignation would have, served as governor or acting 378 |
---|
572 | | - | governor for more tha n six years in two consecutive terms shall 379 |
---|
573 | | - | be elected governor for the succeeding term. 380 |
---|
574 | | - | SECTION 6. Executive departments. —All functions of the 381 |
---|
575 | | - | executive branch of state government shall be allotted among not 382 |
---|
576 | | - | more than twenty-five departments, exclusive o f those 383 |
---|
577 | | - | specifically provided for or authorized in this constitution. 384 |
---|
578 | | - | The administration of each department, unless otherwise provided 385 |
---|
579 | | - | in this constitution, shall be placed by law under the direct 386 |
---|
580 | | - | supervision of the governor, the lieutenant governor, the 387 |
---|
581 | | - | governor and cabinet, a cabinet member, or an officer or board 388 |
---|
582 | | - | appointed by and serving at the pleasure of the governor, 389 |
---|
583 | | - | except: 390 |
---|
584 | | - | (a) When provided by law, confirmation by the senate or 391 |
---|
585 | | - | the approval of three members of the cabinet shall be required 392 |
---|
586 | | - | for appointment to or removal from any designated statutory 393 |
---|
587 | | - | office. 394 |
---|
588 | | - | (b) Boards authorized to grant and revoke licenses to 395 |
---|
589 | | - | engage in regulated occupations shall be assigned to appropriate 396 |
---|
| 563 | + | SECTION 5. Election of governo r, lieutenant governor and 370 |
---|
| 564 | + | cabinet members; qualifications; terms. — 371 |
---|
| 565 | + | (a) At a state-wide general election in each calendar year 372 |
---|
| 566 | + | the number of which is even but not a multiple of four, the 373 |
---|
| 567 | + | electors shall choose a governor and a lieutenant governor and 374 |
---|
| 568 | + | members of the cabinet each for a term of four years beginning 375 |
---|
| 569 | + | on the first Tuesday after the first Monday in January of the 376 |
---|
| 570 | + | succeeding year. In primary elections, candidates for the office 377 |
---|
| 571 | + | of governor may choose to run without a lieutenant governor 378 |
---|
| 572 | + | candidate. In the general election, all candidates for the 379 |
---|
| 573 | + | offices of governor and lieutenant governor shall form joint 380 |
---|
| 574 | + | candidacies in a manner prescribed by law so that each voter 381 |
---|
| 575 | + | shall cast a single vote for a candidate for governor and a 382 |
---|
| 576 | + | candidate for lieutenant governor running together. 383 |
---|
| 577 | + | (b) When elected, the governor , lieutenant governor and 384 |
---|
| 578 | + | each cabinet member must be an elector not less than thirty 385 |
---|
| 579 | + | years of age who has resided in the state for the preceding 386 |
---|
| 580 | + | seven years. The attorney general must have been a member of the 387 |
---|
| 581 | + | bar of Florida for the preceding five years. No person who has, 388 |
---|
| 582 | + | or but for resignation would have, served as governor or acting 389 |
---|
| 583 | + | governor for more than six years in two consecutive terms shall 390 |
---|
| 584 | + | be elected governor for the succeeding term. 391 |
---|
| 585 | + | SECTION 6. Executive departments. —All functions of the 392 |
---|
| 586 | + | executive branch of state government shall be allotted among not 393 |
---|
| 587 | + | more than twenty-five departments, exclusive of those 394 |
---|
602 | | - | departments and their members appointed for fixed terms, subject 397 |
---|
603 | | - | to removal only for cause. 398 |
---|
604 | | - | ARTICLE VI 399 |
---|
605 | | - | SUFFRAGE AND ELECTIONS 400 |
---|
606 | | - | SECTION 4. Disqualifications. — 401 |
---|
607 | | - | (a) No person convicted of a felony, or adjudicated in 402 |
---|
608 | | - | this or any other state to be mentally incompetent, shall be 403 |
---|
609 | | - | qualified to vote or hold office until restor ation of civil 404 |
---|
610 | | - | rights or removal of disability. Except as provided in 405 |
---|
611 | | - | subsection (b) of this section, any disqualification from voting 406 |
---|
612 | | - | arising from a felony conviction shall terminate and voting 407 |
---|
613 | | - | rights shall be restored upon completion of all terms of 408 |
---|
614 | | - | sentence including parole or probation. 409 |
---|
615 | | - | (b) No person convicted of murder or a felony sexual 410 |
---|
616 | | - | offense shall be qualified to vote until restoration of civil 411 |
---|
617 | | - | rights. 412 |
---|
618 | | - | (c) No person may appear on the ballot for re -election to 413 |
---|
619 | | - | any of the following offices: 414 |
---|
620 | | - | (1) Florida representative, 415 |
---|
621 | | - | (2) Florida senator, 416 |
---|
622 | | - | (3) Florida Lieutenant governor, 417 |
---|
623 | | - | (3)(4) any office of the Florida cabinet, 418 |
---|
624 | | - | (4)(5) U.S. Representative from Florida, or 419 |
---|
625 | | - | (5)(6) U.S. Senator from Florida 420 |
---|
626 | | - | 421 |
---|
| 600 | + | specifically provided for or authorized in this constitution. 395 |
---|
| 601 | + | The administration of e ach department, unless otherwise provided 396 |
---|
| 602 | + | in this constitution, shall be placed by law under the direct 397 |
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| 603 | + | supervision of the governor, the lieutenant governor, the 398 |
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| 604 | + | governor and cabinet, a cabinet member, or an officer or board 399 |
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| 605 | + | appointed by and serving at the pleasure of the governor, 400 |
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| 606 | + | except: 401 |
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| 607 | + | (a) When provided by law, confirmation by the senate or 402 |
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| 608 | + | the approval of three members of the cabinet shall be required 403 |
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| 609 | + | for appointment to or removal from any designated statutory 404 |
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| 610 | + | office. 405 |
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| 611 | + | (b) Boards authorized to grant and revoke licenses to 406 |
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| 612 | + | engage in regulated occupations shall be assigned to appropriate 407 |
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| 613 | + | departments and their members appointed for fixed terms, subject 408 |
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| 614 | + | to removal only for cause. 409 |
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| 615 | + | ARTICLE VI 410 |
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| 616 | + | SUFFRAGE AND ELECTIONS 411 |
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| 617 | + | SECTION 4. Disqualifications. — 412 |
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| 618 | + | (a) No person convicted of a felony, or adjudicated in 413 |
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| 619 | + | this or any other state to be mentally incompetent, shall be 414 |
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| 620 | + | qualified to vote or hold office until restoration of civil 415 |
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| 621 | + | rights or removal of disability. Except as provided in 416 |
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| 622 | + | subsection (b) of this sectio n, any disqualification from voting 417 |
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| 623 | + | arising from a felony conviction shall terminate and voting 418 |
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639 | | - | if, by the end of the current term of office, t he person will 422 |
---|
640 | | - | have served (or, but for resignation, would have served) in that 423 |
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641 | | - | office for eight consecutive years. 424 |
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642 | | - | ARTICLE XII 425 |
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643 | | - | SCHEDULE 426 |
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644 | | - | Implementation of amendments relating to the office of the 427 |
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645 | | - | commissioner of government efficiency. — 428 |
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646 | | - | (a) The amendments to Section 19 of Article III and 429 |
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647 | | - | Section 4 of Article IV and the creation of this section shall 430 |
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648 | | - | take effect upon approval by the electors. 431 |
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649 | | - | (b) The person elected to the office of lieutenant 432 |
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650 | | - | governor in the 2026 general election shall assume th e office of 433 |
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651 | | - | the commissioner of government efficiency for a term of four 434 |
---|
652 | | - | years, and the years of such term shall be counted toward the 435 |
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653 | | - | number of consecutive years in Section 4(c) of Article VI. 436 |
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654 | | - | Beginning with the 2030 general election, the office of the 437 |
---|
655 | | - | commissioner of government efficiency shall be filled by 438 |
---|
656 | | - | election pursuant to Section 5(a) of Article IV. 439 |
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657 | | - | (c) At the 2044 general election, the following question 440 |
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658 | | - | shall be placed on the ballot: 441 |
---|
659 | | - | 442 |
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660 | | - | ARTICLE IV, SECTION 4 443 |
---|
661 | | - | REPEAL OF OFFICE OF COMMISSIONER OF GO VERNMENT EFFICIENCY. — 444 |
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662 | | - | Shall the office of the commissioner of government efficiency be 445 |
---|
663 | | - | repealed from the constitution? 446 |
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| 636 | + | rights shall be restored upon completion of all terms of 419 |
---|
| 637 | + | sentence including parole or probation. 420 |
---|
| 638 | + | (b) No person convicted of murder or a felony sexual 421 |
---|
| 639 | + | offense shall be qualified to vote until restoration of civil 422 |
---|
| 640 | + | rights. 423 |
---|
| 641 | + | (c) No person may appear on the ballot for re -election to 424 |
---|
| 642 | + | any of the following offices: 425 |
---|
| 643 | + | (1) Florida representative, 426 |
---|
| 644 | + | (2) Florida senator, 427 |
---|
| 645 | + | (3) Florida Lieutenant governor, 428 |
---|
| 646 | + | (3)(4) any office of the Florida cabinet, 429 |
---|
| 647 | + | (4)(5) U.S. Representative from Florida, or 430 |
---|
| 648 | + | (5)(6) U.S. Senator from Florida 431 |
---|
| 649 | + | 432 |
---|
| 650 | + | if, by the end of the current term of office, the person will 433 |
---|
| 651 | + | have served (or, but for resignation, would have served) in that 434 |
---|
| 652 | + | office for eight consecutive years. 435 |
---|
| 653 | + | ARTICLE XII 436 |
---|
| 654 | + | SCHEDULE 437 |
---|
| 655 | + | Implementation of amendments relating to the office of the 438 |
---|
| 656 | + | commissioner of government efficiency. — 439 |
---|
| 657 | + | (a) The amendments to Section 19 of Article III and 440 |
---|
| 658 | + | Section 4 of Article IV and the creation of this section shall 441 |
---|
| 659 | + | take effect upon approval by the electors. 442 |
---|
676 | | - | 447 |
---|
677 | | - | If the repeal of the office of the commissioner of government 448 |
---|
678 | | - | efficiency is approved by the electorate, the office shall be 449 |
---|
679 | | - | repealed on December 31, 2046, and all references to the office 450 |
---|
680 | | - | of the commissioner of government efficiency shall be removed 451 |
---|
681 | | - | from the constitution. 452 |
---|
682 | | - | 453 |
---|
683 | | - | BE IT FURTHER RESOLVED that the following statement be 454 |
---|
684 | | - | placed on the ballot: 455 |
---|
685 | | - | CONSTITUTIONAL AMEND MENTS 456 |
---|
686 | | - | ARTICLE II, SECTION 2 457 |
---|
687 | | - | ARTICLE III, SECTION S 17 AND 19 458 |
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688 | | - | ARTICLE IV, SECTIONS 2, 3, 4, 5, AND 6 459 |
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689 | | - | ARTICLE VI, SECTION 4 460 |
---|
690 | | - | ARTICLE XII 461 |
---|
691 | | - | CREATION OF OFFICE OF COMMISSIONER OF GOVERNMENT EFFICIENCY 462 |
---|
692 | | - | AND REPEAL OF OFFICE OF LIEUTENANT GOVERNOR.—Proposing 463 |
---|
693 | | - | amendments to the State Con stitution to create the Commissioner 464 |
---|
694 | | - | of Government Efficiency as a Cabinet officer, repeal the 465 |
---|
695 | | - | Government Efficiency Task Force as that class of duties will be 466 |
---|
696 | | - | under the commissioner, repeal the office of Lieutenant Governor 467 |
---|
697 | | - | and provide that the person ele cted as Lieutenant Governor in 468 |
---|
698 | | - | this election will be the first Commissioner of Government 469 |
---|
699 | | - | Efficiency, and revise provisions relating to succession to the 470 |
---|
700 | | - | office of Governor. 471 |
---|
| 672 | + | (b) Appointment to the office of the commissioner of 443 |
---|
| 673 | + | government efficiency is not subject to Section 1(f) of Article 444 |
---|
| 674 | + | IV, relating to the appointment of any vacancy in state or 445 |
---|
| 675 | + | county office, but the office shal l remain vacant until 446 |
---|
| 676 | + | legislative appointment pursuant to subsection (c). 447 |
---|
| 677 | + | (c) No later than March 2, 2027, the president of the 448 |
---|
| 678 | + | senate and the speaker of the house of representatives shall 449 |
---|
| 679 | + | convene the legislature and appoint a person to the office of 450 |
---|
| 680 | + | the commissioner of government efficiency, who shall serve until 451 |
---|
| 681 | + | such time as a person is elected to the office at the 2028 452 |
---|
| 682 | + | general election. The person appointed to the office of the 453 |
---|
| 683 | + | commissioner of government efficiency may not seek election to 454 |
---|
| 684 | + | fill such office as described in subsection (e). The 455 |
---|
| 685 | + | commissioner shall be appointed by the legislature by concurrent 456 |
---|
| 686 | + | resolution. 457 |
---|
| 687 | + | (d) Following legislative appointment of a commissioner of 458 |
---|
| 688 | + | government efficiency pursuant to subsection (c), the office 459 |
---|
| 689 | + | becomes subject to Section 1(f) of Article IV. 460 |
---|
| 690 | + | (e) At the 2028 general election, the office of the 461 |
---|
| 691 | + | commissioner of government efficiency shall be filled by 462 |
---|
| 692 | + | election pursuant to subsection (c), and, beginning with the 463 |
---|
| 693 | + | 2030 general election, the office of the commissioner of 464 |
---|
| 694 | + | government efficiency shall be filled by election pursuant to 465 |
---|
| 695 | + | Section 5(a) of Article IV. 466 |
---|
| 696 | + | |
---|
| 697 | + | CS/HJR 1325 2025 |
---|
| 698 | + | |
---|
| 699 | + | |
---|
| 700 | + | |
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| 701 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 702 | + | hjr1325-01-c1 |
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| 703 | + | Page 20 of 21 |
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| 704 | + | 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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| 705 | + | |
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| 706 | + | |
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| 707 | + | |
---|
| 708 | + | (f) At the 2044 general election, the following question 467 |
---|
| 709 | + | shall be placed on the ballot: 468 |
---|
| 710 | + | 469 |
---|
| 711 | + | ARTICLE IV, SECTION 4 470 |
---|
| 712 | + | REPEAL OF OFFICE OF COMMISSIONER OF GOVERNMENT E FFICIENCY.— 471 |
---|
| 713 | + | Shall the office of the commissioner of government efficiency be 472 |
---|
| 714 | + | repealed from the constitution? 473 |
---|
| 715 | + | 474 |
---|
| 716 | + | If the repeal of the office of the commissioner of government 475 |
---|
| 717 | + | efficiency is approved by the electorate, the office shall be 476 |
---|
| 718 | + | repealed on December 3 1, 2046, and all references to the office 477 |
---|
| 719 | + | of the commissioner of government efficiency shall be removed 478 |
---|
| 720 | + | from the constitution. 479 |
---|
| 721 | + | 480 |
---|
| 722 | + | BE IT FURTHER RESOLVED that the following statement be 481 |
---|
| 723 | + | placed on the ballot: 482 |
---|
| 724 | + | CONSTITUTIONAL AMEND MENTS 483 |
---|
| 725 | + | ARTICLE II, SECTION 2 484 |
---|
| 726 | + | ARTICLE III, SECTIONS 2, 17, AND 19 485 |
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| 727 | + | ARTICLE IV, SECTIONS 2, 3, 4, 5, AND 6 486 |
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| 728 | + | ARTICLE VI, SECTION 4 487 |
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| 729 | + | ARTICLE XII 488 |
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| 730 | + | CREATION OF OFFICE OF COMMISSIONER OF GOVERNMENT EFFICIENCY 489 |
---|
| 731 | + | AND REPEAL OF OFFICE OF LIEUTENANT GOVERNOR.—Proposing 490 |
---|
| 732 | + | amendments to the State Constitut ion to repeal the creation of 491 |
---|
| 733 | + | |
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| 734 | + | CS/HJR 1325 2025 |
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| 735 | + | |
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| 736 | + | |
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| 737 | + | |
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| 738 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 739 | + | hjr1325-01-c1 |
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| 740 | + | Page 21 of 21 |
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| 741 | + | 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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| 742 | + | |
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| 743 | + | |
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| 744 | + | |
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| 745 | + | the office of Lieutenant Governor, the office of Legislative 492 |
---|
| 746 | + | Auditor, and the Government Efficiency Task Force, to create the 493 |
---|
| 747 | + | office of the Commissioner of Government Efficiency as a Cabinet 494 |
---|
| 748 | + | officer, and to revise provisions r elating to government 495 |
---|
| 749 | + | efficiency and succession to the office of Governor if there is 496 |
---|
| 750 | + | a vacancy or in the case of impeachment or incapacity. 497 |
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