Senate Bill 1336
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Florida Senate - 1999 SJR 1336
By Senators Latvala, Scott, Horne, Lee, Dawson-White, Geller,
Laurent, Mitchell, Meek and Clary
41-918D-99
1 Senate Joint Resolution No.
2 A joint resolution amending s. 16, Art. III of
3 the State Constitution to revise the timeframes
4 for apportionment by the Legislature.
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6 Be It Resolved by the Legislature of the State of Florida:
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8 That the following amendment to Section 16 of Article
9 III of the State Constitution is agreed to and shall be
10 submitted to the electors of this state for approval or
11 rejection at the next general election:
12 ARTICLE III
13 LEGISLATURE
14 SECTION 16. Legislative apportionment.--
15 (a) APPORTIONMENT SESSIONS SENATORIAL AND
16 REPRESENTATIVE DISTRICTS. An apportionment session of the
17 legislature shall convene on the third Tuesday in October in
18 the year following each decennial census, or by proclamation
19 of the Governor within thirty days after legislative
20 apportionment is required by law of the United States or court
21 order. An apportionment session of the legislature shall not
22 exceed twenty-five consecutive days unless extended by a
23 three-fifths vote of each house. The legislature at its
24 regular session in the second year following each decennial
25 census, by joint resolution, shall apportion the state in
26 accordance with the constitution of the state and of the
27 United States into not less than thirty nor more than forty
28 consecutively numbered senatorial districts of either
29 contiguous, overlapping or identical territory, and into not
30 less than eighty nor more than one hundred twenty
31 consecutively numbered representative districts of either
1
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Florida Senate - 1999 SJR 1336
41-918D-99
1 contiguous, overlapping or identical territory. Also during an
2 apportionment session, the legislature may by law divide the
3 state into as many consecutively numbered congressional
4 districts as there are representatives in congress apportioned
5 to this state, but no other business may be transacted.
6 (b) SPECIAL APPORTIONMENT SESSIONS. If the
7 apportionment Should that session adjourns adjourn without
8 adopting such joint resolution, the governor by proclamation
9 shall reconvene the legislature by the third Tuesday of the
10 following January within thirty days in special apportionment
11 session, which shall not exceed fifteen thirty consecutive
12 days, during which no other business shall be transacted, and
13 it shall be the mandatory duty of the legislature to adopt a
14 joint resolution of apportionment.
15 (c)(b) FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL
16 REAPPORTIONMENT. If In the event a special apportionment
17 session of the legislature finally adjourns without adopting a
18 joint resolution of apportionment, the attorney general shall,
19 within fifteen five days, petition the supreme court of the
20 state to make such apportionment. No later than the sixtieth
21 day after the filing of such petition, the supreme court shall
22 file with the custodian of state records an order making such
23 apportionment.
24 (d)(c) JUDICIAL REVIEW OF APPORTIONMENT. Within
25 fifteen days after the passage of the joint resolution of
26 apportionment, the attorney general shall petition the supreme
27 court of the state for a declaratory judgment determining the
28 validity of the apportionment. The supreme court, in
29 accordance with its rules, shall permit adversary interests to
30 present their views and, within thirty days after from the
31 filing of the petition, shall enter its judgment.
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Florida Senate - 1999 SJR 1336
41-918D-99
1 (e)(d) EFFECT OF JUDGMENT IN APPORTIONMENT;
2 EXTRAORDINARY APPORTIONMENT SESSION. A judgment of the
3 supreme court of the state determining the apportionment to be
4 valid shall be binding upon all the citizens of the state.
5 Should the supreme court determine that the apportionment made
6 by the legislature is invalid, the governor by proclamation
7 shall reconvene the legislature within five days thereafter in
8 extraordinary apportionment session within five days
9 thereafter, or, if the legislature is then in session, within
10 five days after adjournment sine die. The extraordinary
11 apportionment session which shall not exceed fifteen days,
12 during which the legislature shall adopt a joint resolution of
13 apportionment conforming to the judgment of the supreme court.
14 (f)(e) EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF
15 APPORTIONMENT. Within fifteen days after the adjournment of
16 an extraordinary apportionment session, the attorney general
17 shall file a petition in the supreme court of the state
18 setting forth the apportionment resolution adopted by the
19 legislature, or if none has been adopted reporting that fact
20 to the court. Consideration of the validity of a joint
21 resolution of apportionment shall be had as provided for in
22 cases of such joint resolution adopted at a regular or special
23 apportionment session, and within thirty days after the filing
24 of the petition, the supreme court shall enter its judgment.
25 (g)(f) JUDICIAL REAPPORTIONMENT. Should an
26 extraordinary apportionment session fail to adopt a resolution
27 of apportionment or should the supreme court determine that
28 the apportionment made is invalid, the court shall, not later
29 than sixty days after receiving the petition of the attorney
30 general, file with the custodian of state records an order
31 making such apportionment.
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Florida Senate - 1999 SJR 1336
41-918D-99
1 BE IT FURTHER RESOLVED that the following statement be
2 placed on the ballot:
3 CONSTITUTIONAL AMENDMENT
4 ARTICLE III, SECTION 16
5 LEGISLATIVE APPORTIONMENT.--Proposing an amendment to
6 the State Constitution to provide that legislative
7 apportionment occur during a special session instead of the
8 regular session.
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