Bill Text: FL S0942 | 2016 | Regular Session | Introduced
Bill Title: Composition of Cabinet/Election of Commissioner of Education/State Board of Education
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2016-03-11 - Died in Education Pre-K - 12 [S0942 Detail]
Download: Florida-2016-S0942-Introduced.html
Florida Senate - 2016 SJR 942 By Senator Garcia 38-00679A-16 2016942__ 1 Senate Joint Resolution 2 A joint resolution proposing amendments to Sections 3 3 and 4 of Article IV and Section 2 of Article IX and 4 the creation of a new section in Article XII of the 5 State Constitution to provide for the election of the 6 Commissioner of Education, the inclusion of the 7 commissioner as a member of the Cabinet, and the 8 establishment of the Governor and Cabinet as the State 9 Board of Education. 10 11 Be It Resolved by the Legislature of the State of Florida: 12 13 That the following amendments to Sections 3 and 4 of Article IV 14 and Section 2 of Article IX and the creation of a new section in 15 Article XII of the State Constitution are agreed to and shall be 16 submitted to the electors of this state for approval or 17 rejection at the next general election or at an earlier special 18 election specifically authorized by law for that purpose: 19 ARTICLE IV 20 EXECUTIVE 21 SECTION 3. Succession to office of governor; acting 22 governor.— 23 (a) Upon vacancy in the office of governor, the lieutenant 24 governor shall become governor. Further succession to the office 25 of governor shall be prescribed by law. A successor shall serve 26 for the remainder of the term. 27 (b) Upon impeachment of the governor and until completion 28 of trial thereof, or during the governor’s physical or mental 29 incapacity, the lieutenant governor shall act as governor. 30 Further succession as acting governor shall be prescribed by 31 law. Incapacity to serve as governor may be determined by the 32 supreme court upon due notice after docketing of a written 33 suggestion thereof by fourthreecabinet members, and in such 34 case restoration of capacity shall be similarly determined after 35 docketing of written suggestion thereof by the governor, the 36 legislature or fourthreecabinet members. Incapacity to serve 37 as governor may also be established by certificate filed with 38 the custodian of state records by the governor declaring 39 incapacity for physical reasons to serve as governor, and in 40 such case restoration of capacity shall be similarly 41 established. 42 SECTION 4. Cabinet.— 43 (a) There shall be a cabinet composed of an attorney 44 general, a chief financial officer,anda commissioner of 45 agriculture, and a commissioner of education. In addition to the 46 powers and duties specified herein, they shall exercise such 47 powers and perform such duties as may be prescribed by law. In 48 the event of a tie vote of the governor and cabinet, the side on 49 which the governor voted shall be deemed to prevail. 50 (b) The attorney general shall be the chief state legal 51 officer. There is created in the office of the attorney general 52 the position of statewide prosecutor. The statewide prosecutor 53 shall have concurrent jurisdiction with the state attorneys to 54 prosecute violations of criminal laws occurring or having 55 occurred, in two or more judicial circuits as part of a related 56 transaction, or when any such offense is affecting or has 57 affected two or more judicial circuits as provided by general 58 law. The statewide prosecutor shall be appointed by the attorney 59 general from not fewerlessthan three persons nominated by the 60 judicial nominating commission for the supreme court, or as 61 otherwise provided by general law. 62 (c) The chief financial officer shall serve as the chief 63 fiscal officer of the state, and shall settle and approve 64 accounts against the state, and shall keep all state funds and 65 securities. 66 (d) The commissioner of agriculture shall have supervision 67 of matters pertaining to agriculture except as otherwise 68 provided by law. 69 (e) The commissioner of education shall supervise matters 70 pertaining to the public education system except as otherwise 71 provided by law. 72 (f)(e)The governor as chair, the chief financial officer, 73 and the attorney general shall constitute the state board of 74 administration, which shall succeed to all the power, control, 75 and authority of the state board of administration established 76 pursuant to Article IX, Section 16 of the Constitution of 1885, 77 and which shall continue as a body at least for the life of 78 Article XII, Section 9(c). 79 (g)(f)The governor as chair, the chief financial officer, 80 the attorney general,andthe commissioner of agriculture, and 81 the commissioner of education shall constitute the trustees of 82 the internal improvement trust fund and the land acquisition 83 trust fund as provided by law. 84 (h)(g)The governor as chair, the chief financial officer, 85 the attorney general,andthe commissioner of agriculture, and 86 the commissioner of education shall constitute the agency head 87 of the Department of Law Enforcement. 88 ARTICLE IX 89 EDUCATION 90 SECTION 2. State board of education.—The governor as chair, 91 the chief financial officer, the attorney general, the 92 commissioner of agriculture, and the commissioner of education 93 as secretary and executive officer shall constitute the state 94 board of educationshall be a body corporate and have such95supervision of the system of free public education as is96provided by law.The state board of education shall consist of97seven members appointed by the governor to staggered 4-year98terms, subject to confirmation by the senate. The state board of99education shall appoint the commissioner of education.100 ARTICLE XII 101 SCHEDULE 102 Commissioner of education.—The amendments to Sections 3 and 103 4 of Article IV and Section 2 of Article IX providing for the 104 election of a commissioner of education as a member of the 105 cabinet and establishing the governor and cabinet as the state 106 board of education shall take effect upon the election of a 107 commissioner effective January 8, 2019, but shall govern with 108 respect to the qualifying for and the holding of the election 109 for the commissioner of education in 2018. 110 BE IT FURTHER RESOLVED that the following statement be 111 placed on the ballot: 112 CONSTITUTIONAL AMENDMENT 113 ARTICLE IV, SECTIONS 3 AND 4 114 ARTICLE IX, SECTION 2 115 ARTICLE XII 116 COMPOSITION OF CABINET; ELECTION OF COMMISSIONER OF 117 EDUCATION; STATE BOARD OF EDUCATION.—This amendment provides for 118 statewide election of Commissioner of Education; includes 119 commissioner as a member of the Cabinet; establishes Governor 120 and Cabinet as the State Board of Education; provides for 121 commissioner to supervise the public education system; includes 122 commissioner as a member of the Board of Trustees of the 123 Internal Improvement Trust Fund and the Land Acquisition Trust 124 Fund and as a component of the head of the Department of Law 125 Enforcement.