Senate Bill sb1928
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Florida Senate - 2002 SJR 1928
By Senator Rossin
35-1036-02
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 requiring the establishment of a commission
8 to reapportion the state legislative districts
9 and redistrict congressional districts,
10 prescribing guidelines for such reapportionment
11 and redistricting, and providing for judicial
12 review thereof.
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14 Be It Resolved by the Legislature of the State of Florida:
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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 GENERAL PROVISIONS
24 SECTION 10. Legislative apportionment and
25 congressional redistricting.--
26 (a) REAPPORTIONMENT MANDATE. By the end of each year
27 that ends in the numeral one, the state shall be divided by
28 the commission herein created into: as many congressional
29 districts as there are United States Representatives
30 apportioned to the state; not fewer than thirty nor more than
31 forty-eight consecutively numbered senate districts; and not
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Florida Senate - 2002 SJR 1928
35-1036-02
1 fewer than eighty nor more than one hundred and twenty
2 consecutively numbered representative districts. All
3 legislative districts shall be single-member districts.
4 (b) REAPPORTIONMENT COMMISSION.
5 (1) In each year that ends in the numeral zero and at
6 any other time of court-ordered reapportionment, a commission
7 shall be established to prepare a redistricting plan for
8 congressional districts and a reapportionment plan for
9 legislative districts. The commission shall consist of seven
10 electors, none of whom may be an elected public official,
11 party officer, registered lobbyist, or legislative employee as
12 such terms may be defined by law. Any other person may serve
13 on the commission. By July 1 of the same year, the chief
14 justice of the supreme court of this state, after consultation
15 with the other justices, shall appoint six people to serve on
16 the commission, and shall endeavor to establish membership on
17 the commission to reflect the state's ethnic, racial, and
18 gender diversity as reflected by the most recent federal
19 decennial census.
20 (2) Within thirty days after the appointments have
21 been made, the six commissioners shall select, by a vote of at
22 least four commissioners, a seventh commissioner, who shall
23 serve as chairperson. Failure to select the seventh
24 commissioner within the time prescribed shall constitute an
25 impasse that shall automatically discharge the commission. A
26 new commission shall then be appointed in the same manner as
27 the original commission. Within twenty days after the new
28 appointments have been made, the six commissioners shall
29 select, by a vote of at least four commissioners, a seventh
30 commissioner, who shall serve as chairperson.
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Florida Senate - 2002 SJR 1928
35-1036-02
1 (3) As a condition of appointment, each commissioner
2 shall take an oath to not seek public office in any of the
3 newly redistricted legislative or congressional districts for
4 a period of two years after the effective date thereof.
5 (4) The chief justice shall appoint an individual to
6 fill any vacancy on the commission except that of the
7 chairperson, who shall be selected in the manner set forth in
8 paragraph (2).
9 (5) The legislature shall appropriate funds to enable
10 the commission to carry out its duties. The commission shall
11 hold public hearings as it deems necessary to carry out its
12 responsibilities under this section.
13 (c) REAPPORTIONMENT STANDARDS.
14 (1) Congressional districts and state legislative
15 districts for each respective house shall be as nearly equal
16 in population as is practicable, based on the population
17 reported in the federal decennial census taken in each year
18 ending in zero. A congressional district may not have a
19 population that varies by more than one percent from the
20 average population of all congressional districts in the
21 state. A legislative district may not have a population that
22 varies by more than five percent from the average population
23 of all districts of the respective house. The average of the
24 absolute values of the population deviations of all districts
25 of the respective house may not vary by more than two percent
26 from the average population of all districts. Any population
27 variance must be justifiable as necessary for compliance with
28 the other standards in this section.
29 (2) Districts should be composed of the most
30 convenient contiguous territory possible and, consistent with
31 paragraph (1), should be drawn whenever possible to coincide
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Florida Senate - 2002 SJR 1928
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1 with the boundaries of cities and counties as such terms may
2 be defined by general law.
3 (3) Districts should be compact in form. The
4 aggregate width and length of all district boundaries should
5 be as short as practicable consistent with the standards in
6 paragraphs (1) and (2).
7 (4) A district may not be drawn for the purpose of
8 favoring any political party, incumbent legislator, or other
9 person. In preparing a plan, the commission may not take into
10 account the addresses of incumbent legislators.
11 (5) A district may not be drawn to dilute the voting
12 strength of any racial or language minority group.
13 (d) JUDICIAL REVIEW. Within five days after
14 completion of a plan of apportionment or redistricting, the
15 commission shall file such plan 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 supreme court of the state
19 for a declaratory judgment determining the validity of the
20 plan, including its compliance with all criteria herein
21 specified, applicable federal law, and the constitution of the
22 United States. The supreme court, in accordance with its
23 rules, shall permit adversary interests to present their views
24 and, within sixty days after the filing of the petition, shall
25 enter its judgment. If the supreme court determines that the
26 apportionment or redistricting plan is invalid in whole or in
27 part, the commission shall forthwith reconvene and shall,
28 within 30 days, adopt a revised plan that conforms to the
29 judgment of the supreme court. The revised plan is subject to
30 judicial review by the supreme court in the same manner as the
31 original plan.
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1 (e) JUDICIAL REAPPORTIONMENT. If the commission fails
2 to adopt a plan or a revised plan by the end of each year that
3 ends in the numeral one, the commission shall, within five
4 days, notify the custodian of state records in writing of its
5 inability to adopt a plan. Within five days after the filing
6 of such notice, the attorney general shall petition the
7 supreme court to prepare a plan of apportionment or
8 redistricting. The court shall, not later than sixty days
9 after receiving the petition of the attorney general, file
10 with the custodian of state records an order making such
11 apportionment or redistricting.
12 BE IT FURTHER RESOLVED that the following statement be
13 placed on the ballot:
14 CONSTITUTIONAL AMENDMENTS
15 ARTICLE II, SECTION 10; ARTICLE III, SECTION 16
16 LEGISLATIVE APPORTIONMENT AND CONGRESSIONAL
17 REDISTRICTING.--Proposing amendments to the State Constitution
18 replacing existing provisions providing for legislative
19 apportionment with new provisions that establish
20 reapportionment standards and provide for the creation of a
21 seven-member commission to prepare an apportionment plan for
22 the state legislature and a redistricting plan for the
23 congressional districts of the state.
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