HB 1535

1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 16 of
3	Article III of the State Constitution to provide for
4	apportionment of legislative and congressional districts
5	by a commission instead of the Legislature.
6
7	Be It Resolved by the Legislature of the State of Florida:
8
9	That the amendment to Section 16 of Article III of the
10	State Constitution set forth below is agreed to and shall be
11	submitted to the electors of Florida for approval or rejection
12	at the general election to be held in November 2004:
13	ARTICLE III
14	LEGISLATURE
15	SECTION 16.  Apportionment of Legislative and Congressional
16	Districts.--
17	(a)  APPORTIONMENT BY COMMISSION.
18	(1)  In the year following each decennial census or when
19	required by the United States or by court order, a commission
20	shall divide the state into no fewer than thirty or more than
21	forty consecutively numbered senatorial districts of either
22	contiguous, overlapping, or identical territory and into no
23	fewer than eighty or more than one hundred twenty consecutively
24	numbered representative districts of either contiguous,
25	overlapping, or identical territory as provided by this
26	constitution and general law and shall divide the state into as
27	many congressional districts as there are representatives in
28	congress apportioned to this state. Districts shall be
29	established in accordance with the constitution of this state
30	and the constitution of the United States and shall be as nearly
31	equal in population as practicable.
32	(2)  On or before June 1 in the year following each
33	decennial census, or within fifteen days after legislative
34	apportionment or congressional districting is required by law or
35	court order, sixteen commissioners shall be certified by the
36	respective appointing authorities to the custodian of state
37	records. The president of the senate and the speaker of the
38	house of representatives each shall select and certify four
39	commissioners. Members of minority parties in the senate shall
40	elect one member from their number who shall select and certify
41	four commissioners. Members of minority parties in the house of
42	representatives shall elect one member from their number who
43	shall select and certify four commissioners. Within twenty-one
44	days after the sixteen members are certified to the custodian of
45	state records, the commissioners by affirmative vote of eleven
46	members shall elect the seventeenth member, who shall be a
47	registered voter who for the previous two years was not
48	registered as an elector of any political party having a member
49	holding office in the appointing legislature. If no selection is
50	made, then the chief justice of the supreme court of Florida
51	shall select the seventeenth member from a list of four persons
52	who are registered electors who for the previous two years were
53	not registered as electors of any political party having a
54	member holding office in the appointing legislature, two of whom
55	shall be selected by the commissioners appointed by the
56	president of the senate and the speaker of the house of
57	representatives and two of whom shall be selected by the
58	commissioners appointed by the minority party representatives of
59	each house.
60	(3)  No commissioner shall have served during the four
61	years prior to his or her certification as an elected state
62	official, member of congress, political party officer or
63	employee, paid registered lobbyist, or legislative or
64	congressional employee; and no commissioner shall be a relative,
65	as defined by law, or an employee of any of the foregoing. As a
66	condition of appointment, each commissioner shall take an oath
67	affirming that the commissioner will not receive compensation as
68	a paid registered lobbyist or seek elected office in any
69	legislative or congressional district for a period of four years
70	after concluding service as a commissioner.
71	(4)  The commission shall elect one of its members to serve
72	as chair and shall establish its own rules and procedures. All
73	commission actions shall require eleven affirmative votes.
74	Meetings and records of the commission shall be open to the
75	public, and public notice of all meetings shall be given.
76	(5)  Within one hundred eighty days after the commission is
77	certified to the custodian of state records, the commission
78	shall file with the custodian of state records its final report,
79	which must include all required plans.
80	(6)  After the supreme court of Florida determines that the
81	required plans are valid, the commission shall be dissolved.
82	(b)  FAILURE OF COMMISSION TO APPORTION; JUDICIAL
83	APPORTIONMENT.  If the commission does not timely file its final
84	report with the custodian of state records, the commission shall
85	be dissolved, and the attorney general shall, within five days,
86	petition the supreme court of Florida to make such
87	apportionment. No later than the sixtieth day after the filing
88	of the petition, the supreme court shall file with the custodian
89	of state records an order making such apportionment.
90	(c)  JUDICIAL REVIEW OF APPORTIONMENT.  Within fifteen days
91	after the final report of the commission is filed with the
92	custodian of state records, the attorney general shall petition
93	the supreme court of Florida to review and determine the
94	validity of the apportionment. The supreme court, in accordance
95	with its rules, shall permit adversary interests to present
96	their views and, within thirty days after the filing of the
97	petition, shall enter its judgment.
98	(d)  EFFECT OF JUDGMENT IN APPORTIONMENT.  A judgment of
99	the supreme court of Florida determining the apportionment to be
100	valid or ordering judicial apportionment shall be binding upon
101	all citizens of the state. If the supreme court of Florida
102	determines that the apportionment made by the commission is
103	invalid, the commission, within twenty days after the ruling,
104	shall adopt and file with the custodian of state records an
105	amended plan that conforms to the judgment of the court. Within
106	five days after the filing of an amended plan, the attorney
107	general shall petition the supreme court of Florida to determine
108	the validity of the amended plan or, if the commission has
109	failed to file an amended plan, shall report that fact to the
110	court.
111	(e)  JUDICIAL APPORTIONMENT.  If the commission fails to
112	file an amended plan or the supreme court of Florida determines
113	that the amended plan is invalid, the commission shall be
114	dissolved and the supreme court shall, not later than sixty days
115	after receiving the petition of the attorney general, file with
116	the custodian of state records an order making such
117	apportionment.
118	SECTION 16.  Legislative apportionment.--
119	(a)  SENATORIAL AND REPRESENTATIVE DISTRICTS.  The
120	legislature at its regular session in the second year following
121	each decennial census, by joint resolution, shall apportion the
122	state in accordance with the constitution of the state and of
123	the United States into not less than thirty nor more than forty
124	consecutively numbered senatorial districts of either
125	contiguous, overlapping or identical territory, and into not
126	less than eighty nor more than one hundred twenty consecutively
127	numbered representative districts of either contiguous,
128	overlapping or identical territory. Should that session adjourn
129	without adopting such joint resolution, the governor by
130	proclamation shall reconvene the legislature within thirty days
131	in special apportionment session which shall not exceed thirty
132	consecutive days, during which no other business shall be
133	transacted, and it shall be the mandatory duty of the
134	legislature to adopt a joint resolution of apportionment.
135	(b)  FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL
136	REAPPORTIONMENT.  In the event a special apportionment session
137	of the legislature finally adjourns without adopting a joint
138	resolution of apportionment, the attorney general shall, within
139	five days, petition the supreme court of the state to make such
140	apportionment. No later than the sixtieth day after the filing
141	of such petition, the supreme court shall file with the
142	custodian of state records an order making such apportionment.
143	(c)  JUDICIAL REVIEW OF APPORTIONMENT.  Within fifteen days
144	after the passage of the joint resolution of apportionment, the
145	attorney general shall petition the supreme court of the state
146	for a declaratory judgment determining the validity of the
147	apportionment. The supreme court, in accordance with its rules,
148	shall permit adversary interests to present their views and,
149	within thirty days from the filing of the petition, shall enter
150	its judgment.
151	(d)  EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY
152	APPORTIONMENT SESSION.  A judgment of the supreme court of the
153	state determining the apportionment to be valid shall be binding
154	upon all the citizens of the state. Should the supreme court
155	determine that the apportionment made by the legislature is
156	invalid, the governor by proclamation shall reconvene the
157	legislature within five days thereafter in extraordinary
158	apportionment session which shall not exceed fifteen days,
159	during which the legislature shall adopt a joint resolution of
160	apportionment conforming to the judgment of the supreme court.
161	(e)  EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF
162	APPORTIONMENT.  Within fifteen days after the adjournment of an
163	extraordinary apportionment session, the attorney general shall
164	file a petition in the supreme court of the state setting forth
165	the apportionment resolution adopted by the legislature, or if
166	none has been adopted reporting that fact to the court.
167	Consideration of the validity of a joint resolution of
168	apportionment shall be had as provided for in cases of such
169	joint resolution adopted at a regular or special apportionment
170	session.
171	(f)  JUDICIAL REAPPORTIONMENT.  Should an extraordinary
172	apportionment session fail to adopt a resolution of
173	apportionment or should the supreme court determine that the
174	apportionment made is invalid, the court shall, not later than
175	sixty days after receiving the petition of the attorney general,
176	file with the custodian of state records an order making such
177	apportionment.     BE IT FURTHER RESOLVED that the title and
178	substance of the amendment proposed herein shall appear on the
179	ballot as follows:
180	APPORTIONMENT OF LEGISLATIVE AND
181	CONGRESSIONAL DISTRICTS BY COMMISSION
182	Proposes an amendment to Section 16 of Article III of the
183	State Constitution to provide for apportionment of legislative
184	and congressional districts by a 17-member commission by the
185	filing of plans with the custodian of state records in the year
186	following each decennial census; prohibits elected state
187	officials, members of Congress, political party officers or
188	employees, paid registered lobbyists, legislative or
189	congressional employees, or relatives or employees of any of the
190	foregoing from being members; requires commissioners to swear
191	not to seek legislative or congressional office or be paid
192	lobbyists for 4 years after concluding their service; provides
193	that 16 members are selected equally by the majority and
194	minority parties; requires the 17th member to be a registered
195	elector who for the previous 2 years was not registered in any
196	political party having members in the appointing Legislature, to
197	be appointed by the other members, if possible, or by the Chief
198	Justice of the state Supreme Court; requires 11 votes for
199	official commission action; deletes existing provisions that
200	provide for apportionment of legislative districts by the
201	Legislature by joint resolution in the second year following
202	each decennial census in regular or extraordinary apportionment
203	session; retains review and apportionment by the state Supreme
204	Court for failure to adopt a plan or adoption of an invalid
205	plan.

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