Senate Bill 0740

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    Florida Senate - 2000                                  SJR 740

    By Senator Geller





    29-425-00

  1                Senate Joint Resolution No.      

  2         A joint resolution proposing the repeal of

  3         section 16, Article III of the State

  4         Constitution, relating to legislative

  5         apportionment, and the addition of section 10,

  6         Article II of the State Constitution, relating

  7         to the establishment of a commission to

  8         reapportion the state legislative districts and

  9         redistrict congressional districts; prescribing

10         guidelines for such reapportionment and

11         redistricting; and providing for judicial

12         review thereof.

13

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

15

16         That the repeal of section 16 of Article III of the

17  State Constitution and the addition of the following section

18  10 of Article II of the State Constitution are agreed to and

19  shall be submitted to the electors of this state for approval

20  or rejection at the next general election or at an earlier

21  special election specifically authorized by law for that

22  purpose:

23                            ARTICLE II

24                        GENERAL PROVISIONS

25         SECTION 10.  Legislative apportionment and

26  congressional redistricting.--

27         (a)  REAPPORTIONMENT MANDATE.--By the end of each year

28  that ends in one, the state shall be divided by the commission

29  herein created into:  as many congressional districts as there

30  are United States Representatives apportioned to the state;

31  forty consecutively numbered senate districts; and

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    Florida Senate - 2000                                  SJR 740
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  1  one-hundred-and-twenty consecutively numbered representative

  2  districts.  All legislative districts shall be single-member

  3  districts.

  4         (b)  REAPPORTIONMENT COMMISSION.--

  5         (1)  In each year that ends in zero and at any other

  6  time of court-ordered reapportionment, a commission shall be

  7  established to prepare a redistricting plan for congressional

  8  districts and a reapportionment plan for legislative

  9  districts.  The commission shall consist of seven electors,

10  none of whom may be an elected public official, party officer,

11  registered lobbyist, or legislative employee, as such terms

12  are defined by law.  Any other person may serve on the

13  commission.  By March 1 of the same year, the chief justice of

14  the supreme court shall appoint six members to serve on the

15  commission.  Five members shall be selected from

16  recommendations made by the chief judge of each district court

17  of appeal in this state.  Each chief judge shall recommend 3

18  individuals who otherwise meet the qualifications of this

19  section and are domiciled in that district.  In making such

20  appointments, the chief justice shall appoint at least one

21  member of each racial or language minority group that

22  comprises at least 10 percent of the population of this state

23  as shown by the most recent federal decennial census.  If the

24  recommendations from the chief judges do not permit such

25  appointments, the chief justice may disregard the

26  recommendations to the extent necessary to make these required

27  appointments.  In making the remaining appointments, the chief

28  justice shall endeavor to establish the membership of the

29  commission to reflect the gender diversity of the state and to

30  be geographically representative of the state.

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    Florida Senate - 2000                                  SJR 740
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  1         (2)  Within thirty days after the appointments have

  2  been made, the six commissioners shall select, by a vote of at

  3  least four commissioners, a seventh commissioner, who shall

  4  serve as chairperson.  The chairperson will be responsible for

  5  the administrative duties of the commission, including

  6  supervision of commission staff.  Staffing of the commission

  7  shall be as provided by law.  Failure to select the seventh

  8  commissioner within the time prescribed shall constitute an

  9  impasse that shall automatically discharge the commission.  A

10  new commission shall then be appointed in the same manner as

11  the original commission.  Within twenty days after the new

12  appointments have been made, the six commissioners shall

13  select, by a vote of at least four commissioners, a seventh

14  commissioner, who shall serve as chairperson.

15         (3)  As a condition of appointment, each commissioner

16  shall take an oath that such commissioner will agree not to

17  seek public office in any of the newly redistricted

18  legislative or congressional districts for a period of two

19  years after the effective date thereof.

20         (4)  Vacancies shall be filled by the chief justice,

21  except that the chairperson shall be selected in the manner

22  set forth in paragraph (2).

23         (5)  The legislature shall, by general appropriations,

24  provide adequate funds to enable the commission to carry out

25  its duties.

26         (6)  The commission shall hold public hearings as it

27  deems necessary to carry out its responsibilities under this

28  section. The commission shall adopt its plans by majority

29  vote.  No ex parte communication relative to the merits,

30  threat, or offer of reward shall be made to a commissioner.  A

31  commissioner who receives an ex parte communication shall

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    Florida Senate - 2000                                  SJR 740
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  1  place on the record or otherwise make known the existence of,

  2  and disclose, all written communications received and all

  3  written responses to such communications, and all oral

  4  communications received and all oral responses made thereto.

  5  The prohibition against ex parte communications shall not

  6  apply to commission staff.  The provisions of section 286.011,

  7  Florida Statutes, shall apply to the commission.

  8         (c)  REAPPORTIONMENT STANDARDS.--

  9         (1)  Congressional districts and state legislative

10  districts for each respective house shall be as nearly equal

11  in population as is practicable, based on the population

12  reported in the federal decennial census, taken in each year

13  ending in zero.  No congressional district shall have a

14  population that varies by more than one percent from the

15  average population of all congressional districts in the

16  state. No legislative district shall have a population that

17  varies by more than ten percent from the average population of

18  all districts of the respective house.  The average of the

19  absolute values of the population deviations of all districts

20  of the respective house shall not vary by more than five

21  percent from the average population of all districts.  Any

22  population variance must be justifiable as necessary for

23  compliance with the other standards in this section.

24         (2)  Districts should be composed of convenient

25  contiguous territory and, consistent with paragraph (1),

26  should be drawn to coincide with the boundaries of local

27  political subdivisions, as such terms are defined by general

28  law.

29         (3)  Districts should be compact in form.

30         (4)  No district shall be drawn for the purpose of

31  favoring any political party, incumbent legislator,

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    Florida Senate - 2000                                  SJR 740
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  1  representative to Congress, or other person.  In preparing a

  2  plan, the commission shall not take into account the addresses

  3  of incumbent legislators or representatives to Congress.

  4         (5)  A district shall not be drawn to dilute the voting

  5  strength of any racial or language minority group.

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  7  On applying the reapportionment standards prescribed in this

  8  subsection, the prohibition against drawing a district to

  9  dilute the voting strength of any racial or language minority

10  groups shall be controlling over the standards prescribed in

11  paragraphs (2) and (3).

12         (d)  JUDICIAL REVIEW.--Within five days after

13  completion of a plan of apportionment or redistricting, the

14  commission shall file such plan with the secretary of state

15  or, after January 7, 2003, with the custodian of state

16  records.  Within fifteen days after the filing of an

17  apportionment or redistricting plan by the commission, the

18  attorney general shall petition the state supreme court for a

19  declaratory judgment determining the validity of the plan,

20  including its compliance with all criteria herein specified,

21  applicable federal law, and the constitution of the United

22  States. The supreme court, in accordance with its rules, shall

23  permit adversary interests to present their views and, within

24  sixty days after the filing of the petition, shall enter its

25  judgment.  If the supreme court determines the apportionment

26  or redistricting plan to be invalid in whole or in part, the

27  commission shall forthwith reconvene and shall, within thirty

28  days, adopt a revised plan that conforms to the judgment of

29  the supreme court.  The revised plan shall be subject to

30  judicial review by the supreme court in the same manner as the

31  original plan.  Upon approval of the supreme court, a plan of

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    Florida Senate - 2000                                  SJR 740
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  1  apportionment or redistricting shall be filed with the

  2  secretary of state or, after January 7, 2003, with the

  3  custodian of state records, and upon filing, shall be the

  4  official plan for the state.

  5         (e)  JUDICIAL REAPPORTIONMENT.--If the commission fails

  6  to adopt a plan or a revised plan by the end of each year that

  7  ends in one, the commission shall, within five days, notify

  8  the secretary of state or, after January 7, 2003, the

  9  custodian of state records in writing of its inability to

10  adopt a plan. Within five days after the filing of such

11  notice, the attorney general shall petition the supreme court

12  to prepare a plan of apportionment or redistricting.  The

13  court shall, not later than sixty days after receiving the

14  petition of the attorney general, file with the secretary of

15  state or, after January 7, 2003, with the custodian of state

16  records an order making such apportionment or redistricting.

17         BE IT FURTHER RESOLVED that the following statement be

18  placed on the ballot:

19                    CONSTITUTIONAL AMENDMENTS

20         ARTICLE II, SECTION 10; ARTICLE III, SECTION 16

21         LEGISLATIVE APPORTIONMENT AND CONGRESSIONAL

22  REDISTRICTING.--Proposing amendments to the State Constitution

23  replacing existing provisions providing for legislative

24  apportionment with new provisions that establish

25  reapportionment standards and provide for the creation of a

26  seven-member commission to prepare an apportionment plan for

27  the state legislature and a redistricting plan for the

28  congressional districts of the state.

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