Senate Bill 2544

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    Florida Senate - 2000                                 SJR 2544

    By Senator Latvala





    41-1763A-00

  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)  SENATORIAL AND REPRESENTATIVE DISTRICTS.  The

16  legislature at its regular session in the second year

17  following each decennial census or at an earlier special

18  session or when required by law of the United States or court

19  order, by joint resolution, shall apportion the state in

20  accordance with the constitution of the state and of the

21  United States into not less than thirty nor more than forty

22  consecutively numbered senatorial districts of either

23  contiguous, overlapping or identical territory, and into not

24  less than eighty nor more than one hundred twenty

25  consecutively numbered representative districts of either

26  contiguous, overlapping or identical territory. If the Should

27  that regular session adjourns 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,

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

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    Florida Senate - 2000                                 SJR 2544
    41-1763A-00




  1  shall be the mandatory duty of the legislature to adopt a

  2  joint resolution of apportionment.

  3         (b)  FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL

  4  REAPPORTIONMENT.  If In the event a special apportionment

  5  session of the legislature after the regular session finally

  6  adjourns without adopting a joint resolution of apportionment,

  7  the attorney general shall, within fifteen five days, petition

  8  the supreme court of the state to make such apportionment.  No

  9  later than the sixtieth day after the filing of such petition,

10  the supreme court shall file with the secretary of state an

11  order making such 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 after from the

19  filing of 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 within five days

28  thereafter, or, if the legislature is then in session, within

29  five days after adjournment sine die. The extraordinary

30  apportionment session which shall not exceed fifteen days,

31

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    Florida Senate - 2000                                 SJR 2544
    41-1763A-00




  1  during which the legislature shall adopt a joint resolution of

  2  apportionment conforming to the judgment of the supreme court.

  3         (e)  EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF

  4  APPORTIONMENT.  Within fifteen days after the adjournment of

  5  an extraordinary apportionment session, the attorney general

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

  7  setting forth the apportionment resolution adopted by the

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

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

10  resolution of apportionment shall be had as provided for in

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

12  apportionment session, and within thirty days after the filing

13  of the petition, the supreme court shall enter its judgment.

14         (f)  JUDICIAL REAPPORTIONMENT.  If Should an

15  extraordinary apportionment session fails fail to adopt a

16  resolution of apportionment or should the supreme court finds

17  determine that the apportionment made is invalid, the court

18  shall, not later than sixty days after receiving the petition

19  of the attorney general, file with the secretary of state an

20  order making such apportionment.

21         BE IT FURTHER RESOLVED that, effective January 7, 2003,

22  Section 16 of Article III of the State Constitution is amended

23  as follows:

24                           ARTICLE III

25                           LEGISLATURE

26         SECTION 16.  Legislative apportionment.--

27         (a)  SENATORIAL AND REPRESENTATIVE DISTRICTS.  The

28  legislature at its regular session in the second year

29  following each decennial census or at an earlier special

30  session or when required by law of the United States or court

31  order, by joint resolution, shall apportion the state in

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    Florida Senate - 2000                                 SJR 2544
    41-1763A-00




  1  accordance with the constitution of the state and of the

  2  United States into not less than thirty nor more than forty

  3  consecutively numbered senatorial districts of either

  4  contiguous, overlapping or identical territory, and into not

  5  less than eighty nor more than one hundred twenty

  6  consecutively numbered representative districts of either

  7  contiguous, overlapping or identical territory. If the Should

  8  that session adjourns adjourn without adopting such joint

  9  resolution, the governor by proclamation shall reconvene the

10  legislature within thirty days in special apportionment

11  session, which shall not exceed thirty consecutive days,

12  during which no other business shall be transacted, and it

13  shall be the mandatory duty of the legislature to adopt a

14  joint resolution of apportionment.

15         (b)  FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL

16  REAPPORTIONMENT.  If In the event a special apportionment

17  session of the legislature after the regular session finally

18  adjourns without adopting a joint resolution of apportionment,

19  the attorney general shall, within fifteen five days, petition

20  the supreme court of the state to make such apportionment.  No

21  later than the sixtieth day after the filing of such petition,

22  the supreme court shall file with the custodian of state

23  records an order making such apportionment.

24         (c)  JUDICIAL REVIEW OF APPORTIONMENT.  Within fifteen

25  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 - 2000                                 SJR 2544
    41-1763A-00




  1         (d)  EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY

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

  3  state determining the apportionment to be valid shall be

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

  5  supreme court determine that the apportionment made by the

  6  legislature is invalid, the governor by proclamation shall

  7  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         (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         (f)  JUDICIAL REAPPORTIONMENT.  If Should an

26  extraordinary apportionment session fails fail to adopt a

27  resolution of apportionment or should the supreme court finds

28  determine that the apportionment made is invalid, the court

29  shall, not later than sixty days after receiving the petition

30  of the attorney general, file with the custodian of state

31  records an order making such apportionment.

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    Florida Senate - 2000                                 SJR 2544
    41-1763A-00




  1         BE IT FURTHER RESOLVED that the following statement be

  2  placed on the ballot:

  3                     CONSTITUTIONAL AMENDMENT

  4                     ARTICLE III, SECTION 16

  5         APPORTIONMENT TIMEFRAMES.--Proposing an amendment to

  6  the State Constitution to allow legislative apportionment to

  7  occur during a special session preceding the regular session

  8  of the Legislature at which it would otherwise occur.

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