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Florida Constitution Revision Commission

PUB 700132: Election of State Executive Officers by Loyal Millett

ARTICLE IV: EXECUTIVE, Section 3. Succession to office of governor; acting governor.

SECTION 3.Succession to office of governor; acting governor.
  1. Upon vacancy in the office of governor, the lieutenant- governor shall become governor for the remainder of the unexpired term. Further succession to the office of governor shall be prescribed by law. If there is a vacancy in both the offices of governor and lieutenant-governor, then the president of the senate, the speaker of the house of representatives, the attorney-general, the chief financial officer, the commissioner of agriculture, or the chief justice of the Supreme Court, in succession, shall become governor. A successor shall serve for the remainder of the term.
  2. Upon impeachment of the governor and until completion of trial thereof, or during the governor's physical or mental incapacity, the lieutenant- governor shall act as governor. Further succession as acting governor shall be as prescribed by lawsubsection (a) of this section. Incapacity to serve as governor may be determined by the supreme court upon due notice after docketing of a written suggestion thereof by three cabinet members, and in such case restoration of capacity shall be similarly determined after docketing of written suggestion thereof by the governor, the legislature or three cabinet members. Incapacity to serve as governor may also be established by certificate filed with the custodian of state records by the governor declaring incapacity for physical reasons to serve as governor, and in such case restoration of capacity shall be similarly established.

ARTICLE IV: EXECUTIVE, Section 5. Election of governor, lieutenant governor and cabinet members; qualifications; terms.

SECTION 5.Election of governor, lieutenant governor and cabinet members; qualifications; terms.
  1. At a state-wide general election in each calendar year the number of which is even but not a multiple of four, At the 2022 statewide general election and every six years thereafter, the electors shall choose a governor and a lieutenant governor and members of the cabinet each for a term of four years Governor, a Lieutenant-Governor, an Attorney-General, a Chief Financial Officer, and a Commissioner of Agriculture each for a term of six years beginning on the first Tuesday after the first Monday in January of the succeeding year. In primary elections, candidates for the office of governor may choose to run without a lieutenant governor candidate. In the general election, all candidates for the offices of governor and lieutenant governor shall form joint candidacies in a manner prescribed by law so that each voter shall cast a single vote for a candidate for governor and a candidate for lieutenant governor running together.
  2. When elected, the governor, lieutenant governor and each cabinet member the Governor, Lieutenant-Governor, Attorney-General, Chief Financial Officer, and Commissioner of Agriculture must be an elector not less than thirty years of age who has resided in the state for the preceding seven years. The attorney general Attorney-General must have been a member of the bar The Bar of Florida for the preceding five years. No person who has, or but for resignation would have, served as governor or acting governor for more than six years in two consecutive terms shall be elected governor for the succeeding term.No person shall serve as Governor, Lieutenant-Governor, Attorney-General, Chief Financial Officer, or Commissioner of Agriculture, for more than six years in any period of twelve years.
  3. (1) At the 2020 statewide general election, a referendum shall be placed on the ballot that shall ask the following question: "Shall the Governor and the Lieutenant-Governor be elected separately? YES [] NO []" (2)(A) If a majority of the electors vote "YES", the Governor and the Lieutenant-Governor shall be elected separately, commencing at the 2022 statewide general election and thereafter. (B) If a majority of the electors vote "NO", then the Governor and the Lieutenant-Governor shall continue to be elected jointly as is currently prescribed by law. (C) This subsection (c) shall be automatically repealed on January 1, 2021.

ARTICLE VI: SUFFRAGE AND ELECTIONS, Section 4. Disqualifications.

SECTION 4.Disqualifications.
  1. No person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of disability.
  2. No person may appear on the ballot for re-election to any of the following offices:
    1. Florida representative,
    2. Florida senator,
    3. any county elective office,
    4. any municipal elective office, or
    5. any school district elective office
    6. Florida Lieutenant governor,
    7. any office of the Florida cabinet,
    8. U.S. Representative from Florida, or
    9. U.S. Senator from Florida
    if, by the end of the current term of office, the person will have served (or, but for resignation, would have served) in that office for eight consecutive years in any period of twelve years.