Bill Text: FL S0118 | 2019 | Regular Session | Introduced

Bill Title: Election of Secretary of State/Membership of Cabinet

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-05 - Introduced [S0118 Detail]

Download: Florida-2019-S0118-Introduced.html
       Florida Senate - 2019                                    SJR 118
       By Senator Bean
       4-00421-19                                             2019118__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing amendments to Sections 3
    3         and 4 of Article IV and the creation of a new section
    4         in Article XII of the State Constitution to provide
    5         for the election of the Secretary of State and his or
    6         her inclusion as a member of the Cabinet.
    8  Be It Resolved by the Legislature of the State of Florida:
   10         That the following amendments to Sections 3 and 4 of
   11  Article IV and the creation of a new section in Article XII of
   12  the State Constitution are agreed to and shall be submitted to
   13  the electors of this state for approval or rejection at the next
   14  general election or at an earlier special election specifically
   15  authorized by law for that purpose:
   16                             ARTICLE IV                            
   17                              EXECUTIVE                            
   18         SECTION 3. Succession to office of governor; acting
   19  governor.—
   20         (a) Upon vacancy in the office of governor, the lieutenant
   21  governor shall become governor. Further succession to the office
   22  of governor shall be prescribed by law. A successor shall serve
   23  for the remainder of the term.
   24         (b) Upon impeachment of the governor and until completion
   25  of trial thereof, or during the governor’s physical or mental
   26  incapacity, the lieutenant governor shall act as governor.
   27  Further succession as acting governor shall be prescribed by
   28  law. Incapacity to serve as governor may be determined by the
   29  supreme court upon due notice after docketing of a written
   30  suggestion thereof by four three cabinet members, and in such
   31  case restoration of capacity shall be similarly determined after
   32  docketing of written suggestion thereof by the governor, the
   33  legislature, or four three cabinet members. Incapacity to serve
   34  as governor may also be established by certificate filed with
   35  the custodian of state records by the governor declaring
   36  incapacity for physical reasons to serve as governor, and in
   37  such case restoration of capacity shall be similarly
   38  established.
   39         SECTION 4. Cabinet.—
   40         (a) There shall be a cabinet composed of an attorney
   41  general, a chief financial officer, and a commissioner of
   42  agriculture, and a secretary of state. In addition to the powers
   43  and duties specified herein, they shall exercise such powers and
   44  perform such duties as may be prescribed by law. In the event of
   45  a tie vote of the governor and cabinet, the side on which the
   46  governor voted shall be deemed to prevail.
   47         (b) The attorney general shall be the chief state legal
   48  officer. There is created in the office of the attorney general
   49  the position of statewide prosecutor. The statewide prosecutor
   50  shall have concurrent jurisdiction with the state attorneys to
   51  prosecute violations of criminal laws occurring or having
   52  occurred, in two or more judicial circuits as part of a related
   53  transaction, or when any such offense is affecting or has
   54  affected two or more judicial circuits as provided by general
   55  law. The statewide prosecutor shall be appointed by the attorney
   56  general from not less than three persons nominated by the
   57  judicial nominating commission for the supreme court, or as
   58  otherwise provided by general law.
   59         (c) The chief financial officer shall serve as the chief
   60  fiscal officer of the state, and shall settle and approve
   61  accounts against the state, and shall keep all state funds and
   62  securities.
   63         (d) The commissioner of agriculture shall have supervision
   64  of matters pertaining to agriculture except as otherwise
   65  provided by law.
   66         (e)The secretary of state shall keep the records of the
   67  official acts of the legislative and executive departments and
   68  perform the functions conferred by this constitution upon the
   69  custodian of state records.
   70         (f)(e) The governor as chair, the chief financial officer,
   71  and the attorney general shall constitute the state board of
   72  administration, which shall succeed to all the power, control,
   73  and authority of the state board of administration established
   74  pursuant to Article IX, Section 16 of the Constitution of 1885,
   75  and which shall continue as a body at least for the life of
   76  Article XII, Section 9(c).
   77         (g)(f) The governor as chair, the chief financial officer,
   78  the attorney general, and the commissioner of agriculture, and
   79  the secretary of state shall constitute the trustees of the
   80  internal improvement trust fund and the land acquisition trust
   81  fund as provided by law.
   82         (h)(g) The governor as chair, the chief financial officer,
   83  the attorney general, and the commissioner of agriculture, and
   84  the secretary of state shall constitute the agency head of the
   85  Department of Law Enforcement. The Office of Domestic Security
   86  and Counterterrorism is created within the Department of Law
   87  Enforcement. The Office of Domestic Security and
   88  Counterterrorism shall provide support for prosecutors and
   89  federal, state, and local law enforcement agencies that
   90  investigate or analyze information relating to attempts or acts
   91  of terrorism or that prosecute terrorism, and shall perform any
   92  other duties that are provided by law.
   93                             ARTICLE XII                           
   94                              SCHEDULE                             
   95         Cabinet reorganization.—
   96         (a)The amendments to Sections 3 and 4 of Article IV
   97  relating to the inclusion of the secretary of state as a member
   98  of the cabinet shall take effect June 1, 2021. For the term
   99  beginning June 1, 2021, and continuing through January 3, 2023,
  100  the secretary of state shall be appointed by the governor,
  101  subject to confirmation by the senate. The secretary of state
  102  must be an elector of at least 30 years of age who has resided
  103  in the state for the preceding seven years at the time of the
  104  governor’s appointment. Beginning with the 2022 statewide
  105  general election and every four years thereafter, the office of
  106  secretary of state shall be filled by election in conformance
  107  with Article IV, Section 5(a).
  108         (b)By June 1, 2021, the legislature shall enact
  109  implementing legislation that includes any conforming changes to
  110  the Florida Statutes necessitated by the reorganization of the
  111  cabinet.
  112         BE IT FURTHER RESOLVED that the following statement be
  113  placed on the ballot:
  114                      CONSTITUTIONAL AMENDMENT                     
  115                    ARTICLE IV, SECTIONS 3 AND 4                   
  116                      ARTICLE XII, NEW SECTION                     
  118  Revises the membership of the Cabinet, effective June 1, 2021,
  119  to include the Secretary of State, whom the Governor shall
  120  appoint, subject to Senate confirmation, for a term ending
  121  January 3, 2023; and thereafter provides for the statewide
  122  election of the Secretary of State, beginning in 2022. The
  123  Legislature shall implement the amendment by law. Currently, the
  124  secretary is appointed by and serves at the pleasure of the
  125  Governor and is not a Cabinet member.