Title: Election of Commissioner of Insurance

Summary: Proposing amendments to the State Constitution to establish the position of Commissioner of Insurance as a statewide elected officer and to provide for the commissioner's inclusion on the Cabinet, etc.

Full Text:
A joint resolution proposing amendments to Sections and of Article IV and the creation of a new section in Article XII of the State Constitution to establish the position of Commissioner of Insurance as a statewide elected officer and to provide for the commissioner s inclusion on the Cabinet. Be It Resolved by the Legislature of the State of Florida: That the following amendments to Sections and of Article IV and the creation of a new section in Article XII of the State Constitution are agreed to and shall be submitted to the electors of this state for approval or rejection at the next general election or at an earlier special election specifically authorized by law for that purpose: ARTICLE IV EXECUTIVE SECTION 3. Succession to office of governor; acting governor.  (a) Upon vacancy in the office of governor, the lieutenant governor 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. (b) 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 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 four 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 four 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. SECTION 4. Cabinet.  (a) There shall be a cabinet composed of an attorney general, a chief financial officer, and a commissioner of agriculture,and a commissioner of insurance.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. (b) 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. (c) 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. (d) The commissioner of agriculture shall have supervision of matters pertaining to agriculture except as otherwise provided by law. (e)  The commissioner of insurance shall have supervision of matters pertaining to insurance except as otherwise provided by law. (f)  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 of the Constitution of 1885, and which shall continue as a body at least for the life of Article XII, Section 9(c). (g) (f)  The governor as chair, the chief financial officer, the attorney general, and the commissioner of agriculture,and the commissioner of insurance shall constitute the trustees of the internal improvement trust fund and the land acquisition trust fund as provided by law. (h) (g)  The governor as chair, the chief financial officer, the attorney general, and the commissioner of agriculture,and the commissioner of insurance shall constitute the agency head of the Department of Law Enforcement. The Office of Domestic Security and Counterterrorism is created within the Department of Law Enforcement. The Office of Domestic Security and Counterterrorism shall provide support for prosecutors and federal, state, and local law enforcement agencies that investigate or analyze information relating to attempts or acts of terrorism or that prosecute terrorism, and shall perform any other duties that are provided by law. ARTICLE XII SCHEDULE Election of commissioner of insurance.  (a) The amendment establishing the office of commissioner of insurance as an elected cabinet office shall take effect January 5, 2027, but shall govern with respect to the qualifying for and the holding of the 2026 primary and general elections for the office of commissioner of insurance. (b) Before January 5, 2027, the legislature shall enact implementing legislation that includes any conforming changes to the Florida Statutes necessitated by the election of the commissioner of insurance, including, but not limited to, revising the structure and powers of the Financial Services Commission. BE IT FURTHER RESOLVED that the following statement be placed on the ballot: CONSTITUTIONAL AMENDMENT ARTICLE IV, SECTIONS AND ARTICLE XII MEMBERSHIP OF CABINET; ELECTION OF COMMISSIONER OF INSURANCE. Proposing an amendment to the State Constitution to establish the office of Commissioner of Insurance as a statewide elected office, beginning with the 2026 election, and to include the commissioner as a member of the Cabinet. Requires the Legislature to implement the amendment by law. Currently, the commissioner is appointed by the Financial Services Commission and is not a member of the Cabinet, and the Office of Insurance Regulation is established under that commission.