House Bill 1893

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 2000                HB 1893

        By Representative Bloom






  1                      A bill to be entitled

  2         An act relating to the official census of

  3         Florida; amending s. 11.031, F.S.; establishing

  4         the federal decennial census determined by the

  5         use of modern statistical methods as the

  6         official census of the state; providing that

  7         all acts of the Legislature based upon

  8         population and all constitutional

  9         apportionments and congressional redistrictings

10         shall be based upon such census; providing for

11         effect with respect to prior enacted

12         legislation affecting counties within a stated

13         population bracket; amending s. 1.01, F.S.;

14         revising a provision relating to construction

15         of the statutes, to conform; providing an

16         effective date.

17

18         WHEREAS, a complete and accurate count of all persons

19  in the United States of America is vital to the interests of

20  the people of the State of Florida, and

21         WHEREAS, past censuses have been significantly

22  inaccurate despite the good faith efforts of the United States

23  Census Bureau and its personnel, and

24         WHEREAS, the United Sates Government asked the National

25  Academy of Sciences to devise a method for conducting the 2000

26  census that would be more accurate and the National Academy

27  has done so, and

28         WHEREAS, the last federal decennial census conducted in

29  1990 was the first census that was less accurate than its

30  predecessor, and

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1893

    252-389-00






  1         WHEREAS, recent federal decennial censuses, including

  2  the 1990 census, significantly undercounted millions of

  3  Americans and overcounted millions of others, and

  4         WHEREAS, the Census Bureau has reported that the 1990

  5  census undercounted 8.4 million persons and overcounted 4.4

  6  million others, and

  7         WHEREAS, out of the net 4 million undercount in the

  8  1990 census, more than half were children, and

  9         WHEREAS, the undercount has had a disproportionate

10  impact on the African-American, Hispanic-American,

11  Asian-American, and Native American populations, and

12         WHEREAS, the 1990 census was recognized as not living

13  up to American goals of fairness and equality due to the

14  racial differential, and

15         WHEREAS, the Census Bureau has initiated plans to

16  conduct the 2000 federal decennial census using modern

17  statistical methods that will produce a more accurate count of

18  the nation's population, and

19         WHEREAS, the Supreme Court has rendered a decision that

20  the Census Act enacted by Congress prohibits the use of the

21  modern statistical methods for the purpose of allocating

22  Congressional Representatives among the states, but the

23  court's decision recognized that the Census Act requires

24  sampling methods for all nonreapportionment purposes, and

25         WHEREAS, intrastate redistricting and the allocation of

26  federal funds are two such nonreapportionment purposes, and

27         WHEREAS, the use of traditional methods in conducting

28  the census affected state finances, because many federal grant

29  programs use census data to calculate allocations of funds to

30  the states, and

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1893

    252-389-00






  1         WHEREAS, nearly $220 million in additional federal

  2  funds would have been shifted from programs and services in

  3  other states to their counterparts here in the State of

  4  Florida if the more accurate, modern statistical census

  5  methods had been employed in the 1990 census instead of the

  6  traditional methods, and

  7         WHEREAS, the use of modern statistical methods will

  8  result in a more accurate count of the population and thus the

  9  greater allotment of federal grant funds distributed to the

10  State of Florida than if traditional, inaccurate methods are

11  used to conduct the 2000 census, and

12         WHEREAS, the traditional methods of conducting the

13  census not only will be less accurate than the modern

14  statistical methods developed by the National Academy of

15  Sciences, but the traditional methods also will be less

16  accurate regardless of the amount of funds Congress allocates

17  to conduct the 2000 census using such traditional methods,

18  NOW, THEREFORE,

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Section 11.031, Florida Statutes, is

23  amended to read:

24         11.031  Official census.--

25         (1)  For the purpose of implementing s. 8(a), Art. X of

26  the State Constitution, the official census of the state shall

27  be the last decennial census of the state taken by the United

28  States utilizing the most modern statistical methods,

29  developed or approved by the National Academy of Sciences.

30         (2)(1)  All acts of the Florida Legislature based upon

31  population and all constitutional apportionments and

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1893

    252-389-00






  1  congressional redistrictings shall be based upon the last

  2  official federal decennial statewide census of the state, as

  3  defined in subsection (1).

  4         (3)(2)  No special county or district census shall be

  5  effective for any purposes other than to ascertain the

  6  population for the purpose of interpreting an existing law

  7  relating to additional judges of the circuit court and

  8  additional county court judges, but no existing population or

  9  apportionment act shall be affected by a special census.

10         (4)(3)  The last official federal decennial statewide

11  census of the state, as defined in subsection (1), shall not

12  be effective for the purpose of affecting acts of the

13  Legislature enacted prior thereto which apply only to counties

14  of the state within a stated population bracket until July 1

15  of the year following the taking of such census.

16         Section 2.  Subsection (7) of section 1.01, Florida

17  Statutes, is amended to read:

18         1.01  Definitions.--In construing these statutes and

19  each and every word, phrase, or part hereof, where the context

20  will permit:

21         (7)  Reference to the population or number of

22  inhabitants of any county, city, town, village, or other

23  political subdivision of the state shall be taken to be that

24  as shown by the last preceding official decennial federal

25  census of the state, as defined in s. 11.031, beginning with

26  the Federal Census of 1950, which shall also be the state

27  census and shall control in all population acts and

28  constitutional apportionments and congressional

29  redistrictings, unless otherwise ordered by the Legislature.

30         Section 3.  This act shall take effect upon becoming a

31  law.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1893

    252-389-00






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Establishes that the official census of the state shall
  4    be the last decennial census of the state taken by the
      United States utilizing the most modern statistical
  5    methods, developed or approved by the National Academy of
      Sciences. Provides that all acts of the Legislature based
  6    upon population and all constitutional apportionments and
      congressional redistrictings shall be based upon such
  7    census. Provides for effect with respect to prior enacted
      legislation affecting counties within a stated population
  8    bracket. Provides for application to the Florida
      Statutes.
  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5