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Florida Constitution Revision Commission

PUB 700246: The Executive by Loyal Millett

ARTICLE IV: EXECUTIVE, Section 4. Cabinet.

SECTION 4.Cabinet.
  1. There shall be a cabinet composed of an attorney general, a chief financial officer, and a commissioner of agriculture. In addition to the powers and duties specified herein, they shall exercise such powers and perform such duties as may be prescribed by law. In the event of a tie vote of the governor and cabinet, the side on which the governor voted shall be deemed to prevail.
  2. The attorney general shall be the chief state legal officer. There is created in the office of the attorney general the position of statewide prosecutor. The statewide prosecutor shall have concurrent jurisdiction with the state attorneys to prosecute violations of criminal laws occurring or having occurred, in two or more judicial circuits as part of a related transaction, or when any such offense is affecting or has affected two or more judicial circuits as provided by general law. The statewide prosecutor shall be appointed by the attorney general from not less than three persons nominated by the judicial nominating commission for the supreme court, or as otherwise provided by general law.
  3. The chief financial officer shall serve as the chief fiscal officer of the state, and shall settle and approve accounts against the state, and shall keep all state funds and securities.
  4. The commissioner of agriculture shall have supervision of matters pertaining to agriculture except as otherwise provided by law.
  5. The governor as chair, the chief financial officer, and the attorney general shall constitute the state board of administration, which shall succeed to all the power, control, and authority of the state board of administration established pursuant to Article IX, Section 16 of the Constitution of 1885, and which shall continue as a body at least for the life of Article XII, Section 9(c).
  6. The governor as chair, the chief financial officer, the attorney general, and the commissioner of agriculture shall constitute the trustees of the internal improvement trust fund and the land acquisition trust fund as provided by law.
  7. The governor as the warden-general, the chief financial officer, and the attorney-general shall constitute the state board of prison commissioners, and shall have supervision of matters pertaining to the penitentiaries of the state, as provided by general law.
  8. The governor as chair, the chief financial officer, the attorney general, and the commissioner of agriculture shall constitute the agency head of the Department of Law Enforcement.

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, the electors shall choose a governor and a lieutenant governor and members of the cabinet each for a term of four 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 must be an elector not less than thirty twnty-five years of age who has resided in the state for the preceding seven years. The 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 , lieutenant-governor, or a cabinet member for more than six years in two consecutive terms shall be elected governor, lieutenant-governor, or a cabinet member for the succeeding term.

ARTICLE IV: EXECUTIVE, Section 6. Executive departments.

SECTION 6.Executive departments.

All functions of the executive branch of state government shall be allotted among not more than twenty-five fifteen departments, exclusive of those specifically provided for or authorized in this constitution. The administration of each department, unless otherwise provided in this constitution, shall be placed by law under the direct supervision of the governor, the lieutenant governor, the governor and cabinet, a cabinet member, or an officer or board appointed by and serving at the pleasure of the governor, except:

  1. When provided by law, confirmation by the senate or the approval of three members of the cabinet shall be required for appointment to or removal from any designated statutory office.
  2. Boards authorized to grant and revoke licenses to engage in regulated occupations shall be assigned to appropriate departments and their members appointed for fixed terms, subject to removal only for cause.

 

ARTICLE IV: EXECUTIVE, Section 8. Clemency.

SECTION 8. Clemency.
  1. Except in cases of treason and in cases where impeachment results in conviction, the governor may, by executive order filed with the custodian of state records, suspend collection of fines and forfeitures, grant reprieves not exceeding sixty days and, with the approval of two members of the cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses.
  2. In cases of treason the governor may grant reprieves until adjournment of the regular session of the legislature convening next after the conviction, at which session the legislature may grant a pardon or further reprieve; otherwise the sentence shall be executed.
  3. There may be created by law a parole and probation commission with power to supervise persons on probation and to grant paroles or conditional releases to persons under sentences for crime. The qualifications, method of selection and terms, not to exceed six years, of members of the commission shall be prescribed by law.

ARTICLE IV: EXECUTIVE, Section 9. Fish and wildlife conservation commission.

SECTION 9.

Fish and wildlife conservation commissionWildlife Conservation Commission.

There shall be a fish and wildlife conservation commission, composed of seven members appointed by the governor, subject to confirmation by the senate for staggered terms of five years.

(a) FISH AND WILDLIFE CONSERVATION COMMISSION. There shall be a FIsh and Wildlife Conservation Commission, composed of fifteen members as follows:

(i) one member shall be elected from each supreme court district for single nonrenewable terms of six years; and

(ii) six members shall be appointed by the Governor, subject to confirmation by the Senate, for staggered terms of fiver years.

(b) POWERS; DUTIES. The commission shall exercise the regulatory and executive powers of the state with respect to wild animal life and fresh water aquatic life, and shall also exercise regulatory and executive powers of the state with respect to marine life, except that all license fees for taking wild animal life, fresh water aquatic life, and marine life and penalties for violating regulations of the commission shall be prescribed by general law. The commission shall establish procedures to ensure adequate due process in the exercise of its regulatory and executive functions. The legislature may enact laws in aid of the commission, not inconsistent with this section, except that there shall be no special law or general law of local application pertaining to hunting or fishing. The commission's exercise of executive powers in the area of planning, budgeting, personnel management, and purchasing shall be as provided by law. Revenue derived from license fees for the taking of wild animal life and fresh water aquatic life shall be appropriated to the commission by the legislature for the purposes of management, protection, and conservation of wild animal life and fresh water aquatic life. Revenue derived from license fees relating to marine life shall be appropriated by the legislature for the purposes of management, protection, and conservation of marine life as provided by law. The commission shall not be a unit of any other state agency and shall have its own staff, which includes management, research, and enforcement. Unless provided by general law, the commission shall have no authority to regulate matters relating to air and water pollution.

ARTICLE IV: EXECUTIVE, Section 10. Attorney General.

SECTION 10.Attorney General.

The attorney general Attorney-General shall, as directed by general law, request the opinion of the justices of the supreme court Supreme Court as to the validity of any initiative petition circulated pursuant to Section 3 of Article XI. The justices shall, subject to their rules of procedure, permit interested persons to be heard on the questions presented and shall render their written opinion no later than April 1 of the year in which the initiative is to be submitted to the voters pursuant to Section 5 of Article XI.

ARTICLE IV: EXECUTIVE, Section 11. Department of Veterans Affairs.

SECTION 11. Department of Veterans Affairs.

The legislature, by general law, may provide for the establishment of the Department of Veterans Affairs.

ARTICLE IV: EXECUTIVE, Section 12. Department of Elderly Affairs.

SECTION 12. Department of Elderly Affairs.

The legislature may create a Department of Elderly Affairs and prescribe its duties. The provisions governing the administration of the department must comply with Section 6 of Article IV of the State Constitution.

ARTICLE IV: EXECUTIVE, New Section.

Catchline: Clemency

 

(a) STATE BOARD OF PARDONS AND PAROLES. There shall be a state board of pardons and paroles, which shall consist of nine members as follows:

(1) three members shall be appointed by the Governor;

(2) three members shall be appointed by the Attorney-General; and

(3) three members shall be appointed by a majority of the justices of the Supreme Court.

The members of the board shall serve single nonrenewable terms of six years. No more than three members shall be members of the same political party; and no less than six members of the board shall have experience in the criminal justice system. The members of the board shall elect from their number a chairman.

(b) POWERS; DUTIES. (1) Except as otherwise provided in this subsection, the State Board of Pardons and Paroles shall be vested with the power of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction.

(2)(i) When a sentence of death is commuted to life imprisonment, the board shall not have the authority to grant a pardon to the convicted person until such person has served at least 25 years in the penitentiary; and such person shall not become eligible for parole at any time prior to serving at least 25 years in the penitentiary.

(ii) The Legislature may by general law approved by two-thirds of the members elected to each branch of the Legislature in a roll-call vote provide for minimum mandatory sentences and for sentences which are required to be served in their entirety for persons convicted of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery and, when so provided by such Act, the board shall not have the authority to consider such persons for pardon, parole, or commutation during that portion of the sentence.

(iii) The Legislature may by general law approved by two-thirds of the members elected to each branch of the Legislature in a roll-call vote provide for the imposition of sentences of life without parole for persons convicted of murder and for persons who having been previously convicted of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery or having been previously convicted under the laws of any other state or of the United States of a crime which if committed in this state would be one of those offenses and who after such previous conviction subsequently commits and is convicted of one of those offenses and, when so provided by such Act, the board shall not have the authority to consider such persons for pardon, parole, or commutation from any portion of such sentence.

(iv) Any general law previously enacted by the Legislature providing for life without parole or for mandatory service of sentences without suspension, probation, or parole is hereby ratified and approved but such provisions shall be subject to amendment or repeal by general law.

(3) Notwithstanding the provisions of subparagraph (2) of this subsection, the Legislature, by law, may prohibit the board from granting and may prescribe the terms and conditions for the board's granting a pardon or parole to:

(i) Any person incarcerated for a second or subsequent time for any offense for which such person could have been sentenced to life imprisonment; and

(ii) Any person who has received consecutive life sentences as the result of offenses occurring during the same series of acts.

(4) The chairman of the board, or any other member designated by the board, may suspend the execution of a sentence of death until the full board shall have an opportunity to hear the application of the convicted person for any relief within the power of the board.

(5) Notwithstanding any other provisions of this subsection, the State Board of Pardons and Paroles shall have the authority to pardon any person convicted of a crime who is subsequently determined to be innocent of said crime.