Senate Bill 2020

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    Florida Senate - 1999                                 SJR 2020

    By Senator Scott





    31-1664-99

  1                 Senate Joint Resolution No.     

  2         A joint resolution relating to representative

  3         and senatorial districts; amending s. 16, Art.

  4         III of the State Constitution to provide for

  5         single-member senatorial and representative

  6         districts.

  7

  8  Be It Resolved by the Legislature of the State of Florida:

  9

10         That the following amendment to Section 16 of Article

11  III of the State Constitution is agreed to and shall be

12  submitted to the electors of this state for approval or

13  rejection at the next general election:

14                           ARTICLE III

15                           LEGISLATURE

16         SECTION 16.  Legislative apportionment.--

17         (a)  SENATORIAL AND REPRESENTATIVE DISTRICTS.  The

18  legislature at its regular session in the second year

19  following each decennial census, by joint resolution, shall

20  apportion the state in accordance with the constitution of the

21  state and of the United States into not less than thirty nor

22  more than forty consecutively numbered, single-member,

23  senatorial districts of either contiguous, overlapping or

24  identical territory, and into not less than eighty nor more

25  than one hundred twenty consecutively numbered representative

26  districts of either contiguous, overlapping or identical

27  territory.  Should that session adjourn without adopting such

28  joint resolution, the governor by proclamation shall reconvene

29  the legislature within thirty days in special apportionment

30  session which shall not exceed thirty consecutive days, during

31  which no other business shall be transacted, and it shall be

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    Florida Senate - 1999                                 SJR 2020
    31-1664-99




  1  the mandatory duty of the legislature to adopt a joint

  2  resolution of apportionment.

  3         (b)  FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL

  4  REAPPORTIONMENT.  In the event a special apportionment session

  5  of the legislature finally adjourns without adopting a joint

  6  resolution of apportionment, the attorney general shall,

  7  within five days, petition the supreme court of the state to

  8  make such apportionment.  No later than the sixtieth day after

  9  the filing of such petition, the supreme court shall file with

10  the custodian of state records an order making such

11  apportionment.

12         (c)  JUDICIAL REVIEW OF APPORTIONMENT.  Within fifteen

13  days after the passage of the joint resolution of

14  apportionment, the attorney general shall petition the supreme

15  court of the state for a declaratory judgment determining the

16  validity of the apportionment.  The supreme court, in

17  accordance with its rules, shall permit adversary interests to

18  present their views and, within thirty days from the filing of

19  the petition, shall enter its judgment.

20         (d)  EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY

21  APPORTIONMENT SESSION.  A judgment of the supreme court of the

22  state determining the apportionment to be valid shall be

23  binding upon all the citizens of the state.  Should the

24  supreme court determine that the apportionment made by the

25  legislature is invalid, the governor by proclamation shall

26  reconvene the legislature within five days thereafter in

27  extraordinary apportionment session which shall not exceed

28  fifteen days, during which the legislature shall adopt a joint

29  resolution of apportionment conforming to the judgment of the

30  supreme court.

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    Florida Senate - 1999                                 SJR 2020
    31-1664-99




  1         (e)  EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF

  2  APPORTIONMENT.  Within fifteen days after the adjournment of

  3  an extraordinary apportionment session, the attorney general

  4  shall file a petition in the supreme court of the state

  5  setting forth the apportionment resolution adopted by the

  6  legislature, or if none has been adopted reporting that fact

  7  to the court.  Consideration of the validity of a joint

  8  resolution of apportionment shall be had as provided for in

  9  cases of such joint resolution adopted at a regular or special

10  apportionment session.

11         (f)  JUDICIAL REAPPORTIONMENT.  Should an extraordinary

12  apportionment session fail to adopt a resolution of

13  apportionment or should the supreme court determine that the

14  apportionment made is invalid, the court shall, not later than

15  sixty days after receiving the petition of the attorney

16  general, file with the custodian of state records an order

17  making such apportionment.

18         BE IT FURTHER RESOLVED that the following statement be

19  placed on the ballot:

20                     CONSTITUTIONAL AMENDMENT

21                     ARTICLE III, SECTION 16

22         SINGLE-MEMBER LEGISLATIVE DISTRICTS.--Requires

23  single-member senatorial and representative districts when

24  such districts are apportioned by the legislature following

25  each decennial census, instead of permitting some districts to

26  be represented by more than one person.

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