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Florida Constitution Revision Commission

PUB 700276: Abolish the Lt-Governor and Commissioner of Agriculture; Elected Secretary of State by Loyal Millett

ARTICLE IV: EXECUTIVE, Section 2. Lieutenant governor.

SECTION 2. Lieutenant governor.

There shall be a lieutenant governor, who shall perform such duties pertaining to the office of governor as shall be assigned by the governor, except when otherwise provided by law, and such other duties as may be prescribed by law.

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 president of the senate, the speaker of the house of representatives, the secretary of state, the attorney-general, or the chief financial officer, in succession, shall become governor. Further succession to the office of governor shall be prescribed by law. 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 president of the senate shall act as governor. Further succession as acting governor shall be as provided in subsection (a).prescribed by law. 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 secretary of state 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 4. Cabinet.

SECTION 4.Cabinet.
  1. There shall be a cabinet composed of a secretary of state, an attorney general, and 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 secretary of state shall be the custodian of state records and the keeper of the great seal of the state. Additional powers and duties may be provided by law.
  3. 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.
  4. 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.
  5. The commissioner of agriculture shall have supervision of matters pertaining to agriculture except as otherwise provided by law.
  6. 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).
  7. The governor as chair, the secretary of state, the chief financial officer, and 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.
  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 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 of Florida for the preceding five years. No person who has, or but for resignation would have, served as governor or acting governor, or a member of the cabinet, for more than six years in two consecutive terms shall be elected governor to the same office 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 7. Suspensions; filling office during suspensions.

SECTION 7.Suspensions; filling office during suspensions.
  1. By executive order stating the grounds and filed with the custodian of state records secretary of state, the governor may suspend from office any state officer not subject to impeachment, any officer of the militia not in the active service of the United States, or any county officer, for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony, and may fill the office by appointment for the period of suspension. The suspended officer may at any time before removal be reinstated by the governor.
  2. The senate may, in proceedings prescribed by law, remove from office or reinstate the suspended official and for such purpose the senate may be convened in special session by its president or by a majority of its membership.
  3. By order of the governor any elected municipal officer indicted for crime may be suspended from office until acquitted and the office filled by appointment for the period of suspension, not to extend beyond the term, unless these powers are vested elsewhere by law or the municipal charter.

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 secretary of state, 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 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: Definitions and references.

(a) Throughout this constitution, any and all references to the "custodian of state records" shall refer to the secretary of state.

(b) Any and all references to the lieutenant-governor throughout this constitution are declared null and void.

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, or
    3. Florida Lieutenant governor,
    4. any office of the Florida cabinet,
    5. U.S. Representative from Florida, or
    6. 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.