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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
House Joint Resolution 1
A joint resolution proposing the repeal of Section 2 2
of Article IV of the State Constitution, relating to 3
the creation of the office of Lieutenant Governor; 4
repeal of subsection (i) of Section 19 of Article III 5
of the State Constitution, relating to the creation of 6
the Government Efficiency Task Force; amendments to 7
Section 2 of Article II, Section 17 of Article III, 8
Sections 3, 4, 5, and 6 of Article IV, and Section 4 9
of Article VI of the State Constitution; and the 10
creation of a new section in Article XII of the State 11
Constitution to revise provisions relating to auditing 12
and government efficiency, create the office of the 13
Commissioner of Government Efficienc y as a Cabinet 14
officer, revise provisions relating to succession to 15
the office of Governor if there is a vacancy or in the 16
case of impeachment or incapacity, and to submit to 17
the electorate, during a specified election year, a 18
ballot question regarding whe ther to repeal the office 19
of the Commissioner of Government Efficiency. 20
21
Be It Resolved by the Legislature of the State of Florida: 22
23
That the following repeal of Section 2 of Article IV and 24
subsection (i) of Section 19 of Article III of the State 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Constitution; amendments to Section 2 of Article II, Section 17 26
of Article III, Sections 3, 4, 5, and 6 of Article IV, and 27
Section 4 of Article VI of the State Constitution; and the 28
creation of a new section in Article XII of the State 29
Constitution are agree d to and shall be submitted to the 30
electors of this state for approval or rejection at the next 31
general election or at an earlier special election specifically 32
authorized by law for that purpose: 33
ARTICLE II 34
GENERAL PROVISIONS 35
SECTION 2. Seat of governmen t.—The seat of government 36
shall be the City of Tallahassee, in Leon County, where the 37
offices of the governor, lieutenant governor, cabinet members, 38
and the supreme court shall be maintained and the sessions of 39
the legislature shall be held; provided that, in time of 40
invasion or grave emergency, the governor by proclamation may 41
for the period of the emergency transfer the seat of government 42
to another place. 43
ARTICLE III 44
LEGISLATURE 45
SECTION 17. Impeachment. — 46
(a) The governor, lieutenant governor, members of the 47
cabinet, justices of the supreme court, judges of district 48
courts of appeal, judges of circuit courts, and judges of county 49
courts shall be liable to impeachment for misdemeanor in office. 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
The house of representatives by two -thirds vote shall have the 51
power to impeach an officer. The speaker of the house of 52
representatives shall have power at any time to appoint a 53
committee to investigate charges against any officer subject to 54
impeachment. 55
(b) An officer impeached by the house of representatives 56
shall be disqualified from performing any official duties until 57
acquitted by the senate, and, unless impeached, the governor may 58
by appointment fill the office until completion of the trial. 59
(c) All impeachments by the house of representatives shall 60
be tried by the senate. The chief justice of the supreme court, 61
or another justice designated by the chief justice, shall 62
preside at the trial, except in a trial of the chief justice, in 63
which case the governor shall preside. The senate shall 64
determine the time for the trial of any impeachment and may sit 65
for the trial whether the house of representatives be in session 66
or not. The time fixed for trial shall not be more than six 67
months after the impeachment. During an impeachment trial 68
senators shall be upon thei r oath or affirmation. No officer 69
shall be convicted without the concurrence of two -thirds of the 70
members of the senate present. Judgment of conviction in cases 71
of impeachment shall remove the offender from office and, in the 72
discretion of the senate, may include disqualification to hold 73
any office of honor, trust or profit. Conviction or acquittal 74
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
shall not affect the civil or criminal responsibility of the 75
officer. 76
SECTION 19. State Budgeting, Planning and Appropriations 77
Processes.— 78
(a) ANNUAL BUDGETING. 79
(1) General law shall prescribe the adoption of annual 80
state budgetary and planning processes and require that detail 81
reflecting the annualized costs of the state budget and 82
reflecting the nonrecurring costs of the budget requests shall 83
accompany state department and agency legislative budget 84
requests, the governor's recommended budget, and appropriation 85
bills. 86
(2) Unless approved by a three -fifths vote of the 87
membership of each house, appropriations made for recurring 88
purposes from nonrecurr ing general revenue funds for any fiscal 89
year shall not exceed three percent of the total general revenue 90
funds estimated to be available at the time such appropriation 91
is made. 92
(3) As prescribed by general law, each state department 93
and agency shall be required to submit a legislative budget 94
request that is based upon and that reflects the long -range 95
financial outlook adopted by the joint legislative budget 96
commission or that specifically explains any variance from the 97
long-range financial outlook contai ned in the request. 98
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(4) For purposes of this section, the terms department and 99
agency shall include the judicial branch. 100
(b) APPROPRIATION BILLS FORMAT. Separate sections within 101
the general appropriation bill shall be used for each major 102
program area of the state budget; major program areas shall 103
include: education enhancement "lottery" trust fund items; 104
education (all other funds); human services; criminal justice 105
and corrections; natural resources, environment, growth 106
management, and transportation; general government; and judicial 107
branch. Each major program area shall include an itemization of 108
expenditures for: state operations; state capital outlay; aid to 109
local governments and nonprofit organizations operations; aid to 110
local governments and nonprof it organizations capital outlay; 111
federal funds and the associated state matching funds; spending 112
authorizations for operations; and spending authorizations for 113
capital outlay. Additionally, appropriation bills passed by the 114
legislature shall include an ite mization of specific 115
appropriations that exceed one million dollars ($1,000,000.00) 116
in 1992 dollars. For purposes of this subsection, "specific 117
appropriation," "itemization," and "major program area" shall be 118
defined by law. This itemization threshold shal l be adjusted by 119
general law every four years to reflect the rate of inflation or 120
deflation as indicated in the Consumer Price Index for All Urban 121
Consumers, U.S. City Average, All Items, or successor reports as 122
reported by the United States Department of Labor, Bureau of 123
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Labor Statistics or its successor. Substantive bills containing 124
appropriations shall also be subject to the itemization 125
requirement mandated under this provision and shall be subject 126
to the governor's specific appropriation veto power desc ribed in 127
Article III, Section 8. 128
(c) APPROPRIATIONS PROCESS. 129
(1) No later than September 15 of each year, the joint 130
legislative budget commission shall issue a long -range financial 131
outlook setting out recommended fiscal strategies for the state 132
and its departments and agencies in order to assist the 133
legislature in making budget decisions. The long -range financial 134
outlook must include major workload and revenue estimates. In 135
order to implement this paragraph, the joint legislative budget 136
commission shall use current official consensus estimates and 137
may request the development of additional official estimates. 138
(2) The joint legislative budget commission shall seek 139
input from the public and from the executive and judicial 140
branches when developing and reco mmending the long-range 141
financial outlook. 142
(3) The legislature shall prescribe by general law 143
conditions under which limited adjustments to the budget, as 144
recommended by the governor or the chief justice of the supreme 145
court, may be approved without the concurrence of the full 146
legislature. 147
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d) SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD. All general 148
appropriation bills shall be furnished to each member of the 149
legislature, each member of the cabinet, the governor, and the 150
chief justice of the supreme court at least seventy-two hours 151
before final passage by either house of the legislature of the 152
bill in the form that will be presented to the governor. 153
(e) FINAL BUDGET REPORT. A final budget report shall be 154
prepared as prescribed by general law. The final bud get report 155
shall be produced no later than the 120th day after the 156
beginning of the fiscal year, and copies of the report shall be 157
furnished to each member of the legislature, the head of each 158
department and agency of the state, the auditor general, and th e 159
chief justice of the supreme court. 160
(f) TRUST FUNDS. 161
(1) No trust fund of the State of Florida or other public 162
body may be created or re -created by law without a three -fifths 163
vote of the membership of each house of the legislature in a 164
separate bill for that purpose only. 165
(2) State trust funds shall terminate not more than four 166
years after the effective date of the act authorizing the 167
initial creation of the trust fund. By law the legislature may 168
set a shorter time period for which any trust fund is 169
authorized. 170
(3) Trust funds required by federal programs or mandates; 171
trust funds established for bond covenants, indentures, or 172
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
resolutions, whose revenues are legally pledged by the state or 173
public body to meet debt service or other financial requirem ents 174
of any debt obligations of the state or any public body; the 175
state transportation trust fund; the trust fund containing the 176
net annual proceeds from the Florida Education Lotteries; the 177
Florida retirement trust fund; trust funds for institutions 178
under the management of the Board of Governors, where such trust 179
funds are for auxiliary enterprises and contracts, grants, and 180
donations, as those terms are defined by general law; trust 181
funds that serve as clearing funds or accounts for the chief 182
financial officer or state agencies; trust funds that account 183
for assets held by the state in a trustee capacity as an agent 184
or fiduciary for individuals, private organizations, or other 185
governmental units; and other trust funds authorized by this 186
Constitution, are no t subject to the requirements set forth in 187
paragraph (2) of this subsection. 188
(4) All cash balances and income of any trust funds 189
abolished under this subsection shall be deposited into the 190
general revenue fund. 191
(g) BUDGET STABILIZATION FUND. Subject t o the provisions 192
of this subsection, an amount equal to at least 5% of the last 193
completed fiscal year's net revenue collections for the general 194
revenue fund shall be retained in the budget stabilization fund. 195
The budget stabilization fund's principal balan ce shall not 196
exceed an amount equal to 10% of the last completed fiscal 197
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
year's net revenue collections for the general revenue fund. The 198
legislature shall provide criteria for withdrawing funds from 199
the budget stabilization fund in a separate bill for that 200
purpose only and only for the purpose of covering revenue 201
shortfalls of the general revenue fund or for the purpose of 202
providing funding for an emergency, as defined by general law. 203
General law shall provide for the restoration of this fund. The 204
budget stabilization fund shall be comprised of funds not 205
otherwise obligated or committed for any purpose. 206
(h) LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT AND 207
AGENCY PLANNING DOCUMENT PROCESSES. General law shall provide 208
for a long-range state planning do cument. The governor shall 209
recommend to the legislature biennially any revisions to the 210
long-range state planning document, as defined by law. General 211
law shall require a biennial review and revision of the long -212
range state planning document and shall requ ire all departments 213
and agencies of state government to develop planning documents 214
that identify statewide strategic goals and objectives, 215
consistent with the long -range state planning document. The 216
long-range state planning document and department and age ncy 217
planning documents shall remain subject to review and revision 218
by the legislature. The long -range state planning document must 219
include projections of future needs and resources of the state 220
which are consistent with the long -range financial outlook. Th e 221
department and agency planning documents shall include a 222
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
prioritized listing of planned expenditures for review and 223
possible reduction in the event of revenue shortfalls, as 224
defined by general law. 225
(i) GOVERNMENT EFFICIENCY TASK FORCE. No later than 226
January of 2007, and each fourth year thereafter, the president 227
of the senate, the speaker of the house of representatives, and 228
the governor shall appoint a government efficiency task force, 229
the membership of which shall be established by general law. The 230
task force shall be composed of members of the legislature and 231
representatives from the private and public sectors who shall 232
develop recommendations for improving governmental operations 233
and reducing costs. Staff to assist the task force in performing 234
its duties shall be assigned by general law, and the task force 235
may obtain assistance from the private sector. The task force 236
shall complete its work within one year and shall submit its 237
recommendations to the joint legislative budget commission, the 238
governor, and the chief justice of the supreme court. 239
(i)(j) JOINT LEGISLATIVE BUDGET COMMISSION. There is 240
created within the legislature the joint legislative budget 241
commission composed of equal numbers of senate members appointed 242
by the president of the senate and house members appointed by 243
the speaker of the house of representatives. Each member shall 244
serve at the pleasure of the officer who appointed the member. A 245
vacancy on the commission shall be filled in the same manner as 246
the original appointment. From No vember of each odd-numbered 247
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
year through October of each even -numbered year, the chairperson 248
of the joint legislative budget commission shall be appointed by 249
the president of the senate and the vice chairperson of the 250
commission shall be appointed by the s peaker of the house of 251
representatives. From November of each even -numbered year 252
through October of each odd -numbered year, the chairperson of 253
the joint legislative budget commission shall be appointed by 254
the speaker of the house of representatives and the vice 255
chairperson of the commission shall be appointed by the 256
president of the senate. The joint legislative budget commission 257
shall be governed by the joint rules of the senate and the house 258
of representatives, which shall remain in effect until repealed 259
or amended by concurrent resolution. The commission shall 260
convene at least quarterly and shall convene at the call of the 261
president of the senate and the speaker of the house of 262
representatives. A majority of the commission members of each 263
house plus one additional member from either house constitutes a 264
quorum. Action by the commission requires a majority vote of the 265
commission members present of each house. The commission may 266
conduct its meetings through teleconferences or similar means. 267
In addition to the powers and duties specified in this 268
subsection, the joint legislative budget commission shall 269
exercise all other powers and perform any other duties not in 270
conflict with paragraph (c)(3) and as prescribed by general law 271
or joint rule. 272
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ARTICLE IV 273
EXECUTIVE 274
SECTION 2. Lieutenant governor. —There shall be a 275
lieutenant governor, who shall perform such duties pertaining to 276
the office of governor as shall be assigned by the governor, 277
except when otherwise provided by law, and such other duties as 278
may be prescribed by law. 279
SECTION 3. Succession to office of governor; acting 280
governor.— 281
(a) Upon vacancy in the office of governor, the lieutenant 282
governor shall become governor. Further Succession to the office 283
of governor shall be prescribed by law when there is a vacancy 284
in the office of governor . A successor shall serve for the 285
remainder of the term. 286
(b) Upon impeachment of the governor and until completion 287
of trial thereof, or during the governor's physical or mental 288
incapacity, general law shall prescribe who the lieutenant 289
governor shall act as governor. Further succession as acting 290
governor may shall be prescribed by law. Incapacity to serve as 291
governor may be determined by the supreme court upon due notice 292
after docketing of a written suggestion thereof by three cabinet 293
members, and in such case restoration of capacity shall be 294
similarly determined after docketing of written suggestion 295
thereof by the governor, the legislature or three cabinet 296
members. Incapacity to serve as governor may also be establishe d 297
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
by certificate filed with the custodian of state records by the 298
governor declaring incapacity for physical reasons to serve as 299
governor, and in such case restoration of capacity shall be 300
similarly established. 301
SECTION 4. Cabinet. — 302
(a) There shall be a cabinet composed of an attorney 303
general, a chief financial officer, and a commissioner of 304
agriculture, and a commissioner of government efficiency . In 305
addition to the powers and duties specified herein, they shall 306
exercise such powers and perform such duties as may be 307
prescribed by law. In the event of a tie vote of the governor 308
and cabinet, the side on which the governor voted shall be 309
deemed to prevail. 310
(b) The attorney general shall be the chief state legal 311
officer. There is creat ed in the office of the attorney general 312
the position of statewide prosecutor. The statewide prosecutor 313
shall have concurrent jurisdiction with the state attorneys to 314
prosecute violations of criminal laws occurring or having 315
occurred, in two or more judici al circuits as part of a related 316
transaction, or when any such offense is affecting or has 317
affected two or more judicial circuits as provided by general 318
law. The statewide prosecutor shall be appointed by the attorney 319
general from not less than three perso ns nominated by the 320
judicial nominating commission for the supreme court, or as 321
otherwise provided by general law. 322
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(c) The chief financial officer shall serve as the chief 323
fiscal officer of the state, and shall settle and approve 324
accounts against the sta te, and shall keep all state funds and 325
securities. 326
(d) The commissioner of agriculture shall have supervision 327
of matters pertaining to agriculture except as otherwise 328
provided by law. 329
(e) The commissioner of government efficiency shall have 330
the power to audit, investigate, and report on fraud, waste, and 331
abuse exclusively within the executive branch of state 332
government and within counties, municipalities, and special 333
districts as provided by law. 334
(f)(e) The governor as chair, the chief financial offic er, 335
and the attorney general , and the commissioner of government 336
efficiency shall constitute the state board of administration, 337
which shall succeed to all the power, control, and authority of 338
the state board of administration established pursuant to 339
Article IX, Section 16 of the Constitution of 1885, and which 340
shall continue as a body at least for the life of Article XII, 341
Section 9(c). 342
(g)(f) The governor as chair, the chief financial officer, 343
the attorney general, and the commissioner of agriculture , and 344
the commissioner of government efficiency shall constitute the 345
trustees of the internal improvement trust fund and the land 346
acquisition trust fund as provided by law. 347
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(h)(g) The governor as chair, the chief financial officer, 348
the attorney general, and the commissioner of agriculture , and 349
the commissioner of government efficiency shall constitute the 350
agency head of the Department of Law Enforcement. The Office of 351
Domestic Security and Counterterrorism is created within the 352
Department of Law Enforcement. T he Office of Domestic Security 353
and Counterterrorism shall provide support for prosecutors and 354
federal, state, and local law enforcement agencies that 355
investigate or analyze information relating to attempts or acts 356
of terrorism or that prosecute terrorism, and shall perform any 357
other duties that are provided by law. 358
SECTION 5. Election of governor , lieutenant governor and 359
cabinet members; qualifications; terms. — 360
(a) At a state-wide general election in each calendar year 361
the number of which is even but no t a multiple of four, the 362
electors shall choose a governor and a lieutenant governor and 363
members of the cabinet each for a term of four years beginning 364
on the first Tuesday after the first Monday in January of the 365
succeeding year. In primary elections, can didates for the office 366
of governor may choose to run without a lieutenant governor 367
candidate. In the general election, all candidates for the 368
offices of governor and lieutenant governor shall form joint 369
candidacies in a manner prescribed by law so that eac h voter 370
shall cast a single vote for a candidate for governor and a 371
candidate for lieutenant governor running together. 372
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) When elected, the governor , lieutenant governor and 373
each cabinet member must be an elector not less than thirty 374
years of age who has resided in the state for the preceding 375
seven years. The attorney general must have been a member of the 376
bar of Florida for the preceding five years. No person who has, 377
or but for resignation would have, served as governor or acting 378
governor for more tha n six years in two consecutive terms shall 379
be elected governor for the succeeding term. 380
SECTION 6. Executive departments. —All functions of the 381
executive branch of state government shall be allotted among not 382
more than twenty-five departments, exclusive o f those 383
specifically provided for or authorized in this constitution. 384
The administration of each department, unless otherwise provided 385
in this constitution, shall be placed by law under the direct 386
supervision of the governor, the lieutenant governor, the 387
governor and cabinet, a cabinet member, or an officer or board 388
appointed by and serving at the pleasure of the governor, 389
except: 390
(a) When provided by law, confirmation by the senate or 391
the approval of three members of the cabinet shall be required 392
for appointment to or removal from any designated statutory 393
office. 394
(b) Boards authorized to grant and revoke licenses to 395
engage in regulated occupations shall be assigned to appropriate 396
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
departments and their members appointed for fixed terms, subject 397
to removal only for cause. 398
ARTICLE VI 399
SUFFRAGE AND ELECTIONS 400
SECTION 4. Disqualifications. — 401
(a) No person convicted of a felony, or adjudicated in 402
this or any other state to be mentally incompetent, shall be 403
qualified to vote or hold office until restor ation of civil 404
rights or removal of disability. Except as provided in 405
subsection (b) of this section, any disqualification from voting 406
arising from a felony conviction shall terminate and voting 407
rights shall be restored upon completion of all terms of 408
sentence including parole or probation. 409
(b) No person convicted of murder or a felony sexual 410
offense shall be qualified to vote until restoration of civil 411
rights. 412
(c) No person may appear on the ballot for re -election to 413
any of the following offices: 414
(1) Florida representative, 415
(2) Florida senator, 416
(3) Florida Lieutenant governor, 417
(3)(4) any office of the Florida cabinet, 418
(4)(5) U.S. Representative from Florida, or 419
(5)(6) U.S. Senator from Florida 420
421
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
if, by the end of the current term of office, t he person will 422
have served (or, but for resignation, would have served) in that 423
office for eight consecutive years. 424
ARTICLE XII 425
SCHEDULE 426
Implementation of amendments relating to the office of the 427
commissioner of government efficiency. — 428
(a) The amendments to Section 19 of Article III and 429
Section 4 of Article IV and the creation of this section shall 430
take effect upon approval by the electors. 431
(b) The person elected to the office of lieutenant 432
governor in the 2026 general election shall assume th e office of 433
the commissioner of government efficiency for a term of four 434
years, and the years of such term shall be counted toward the 435
number of consecutive years in Section 4(c) of Article VI. 436
Beginning with the 2030 general election, the office of the 437
commissioner of government efficiency shall be filled by 438
election pursuant to Section 5(a) of Article IV. 439
(c) At the 2044 general election, the following question 440
shall be placed on the ballot: 441
442
ARTICLE IV, SECTION 4 443
REPEAL OF OFFICE OF COMMISSIONER OF GO VERNMENT EFFICIENCY. — 444
Shall the office of the commissioner of government efficiency be 445
repealed from the constitution? 446
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
447
If the repeal of the office of the commissioner of government 448
efficiency is approved by the electorate, the office shall be 449
repealed on December 31, 2046, and all references to the office 450
of the commissioner of government efficiency shall be removed 451
from the constitution. 452
453
BE IT FURTHER RESOLVED that the following statement be 454
placed on the ballot: 455
CONSTITUTIONAL AMEND MENTS 456
ARTICLE II, SECTION 2 457
ARTICLE III, SECTION S 17 AND 19 458
ARTICLE IV, SECTIONS 2, 3, 4, 5, AND 6 459
ARTICLE VI, SECTION 4 460
ARTICLE XII 461
CREATION OF OFFICE OF COMMISSIONER OF GOVERNMENT EFFICIENCY 462
AND REPEAL OF OFFICE OF LIEUTENANT GOVERNOR.—Proposing 463
amendments to the State Con stitution to create the Commissioner 464
of Government Efficiency as a Cabinet officer, repeal the 465
Government Efficiency Task Force as that class of duties will be 466
under the commissioner, repeal the office of Lieutenant Governor 467
and provide that the person ele cted as Lieutenant Governor in 468
this election will be the first Commissioner of Government 469
Efficiency, and revise provisions relating to succession to the 470
office of Governor. 471