Senate Bill sb2914

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    Florida Senate - 2004                                 SJR 2914

    By Senator Klein





    30-1687-04

  1                Senate Joint Resolution No. _____

  2         A joint resolution proposing an amendment to

  3         Section 16 of Article III of the State

  4         Constitution to provide for an apportionment

  5         and districting commission to apportion

  6         legislative and congressional districts and for

  7         its selection and duties.

  8  

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

10  

11         That the following amendment to Section 16 of Article

12  III of the State Constitution is agreed to and shall be

13  presented to the electors of this state for approval or

14  rejection at the next general election or at an earlier

15  special election specifically authorized by law for that

16  purpose:

17                           ARTICLE III

18                           LEGISLATURE

19         SECTION 16.  Legislative apportionment.--

20         (a)  APPORTIONMENT AND DISTRICTING COMMISSION.  In the

21  year following each decennial census or when required by the

22  United States or by court order, a commission shall divide the

23  state into not fewer than thirty or more than forty

24  consecutively numbered senatorial districts of either

25  contiguous, overlapping, or identical territory and not fewer

26  than eighty or more than one hundred twenty consecutively

27  numbered representative districts of either contiguous,

28  overlapping, or identical territory as provided by this

29  constitution or by general law and shall divide the state to

30  create as many congressional districts as there are

31  representatives in congress apportioned to this state.

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    Florida Senate - 2004                                 SJR 2914
    30-1687-04




 1  Districts shall be established in accordance with the

 2  constitution of this state and of the United States and shall

 3  be as nearly equal in population as practicable.

 4         (1)  On or before June 1 in the year following each

 5  decennial census, or within fifteen days after legislative

 6  apportionment or congressional districting is required by law

 7  or by court order, sixteen commissioners shall be certified by

 8  the respective appointing authorities to the custodian of

 9  state records. The president of the senate and the speaker of

10  the house of representatives each shall select and certify

11  four commissioners. Members of minority parties in the senate

12  shall elect one from their number who shall select and certify

13  four commissioners. Members of minority parties in the house

14  of representatives shall elect one from their number who shall

15  select and certify four commissioners. Within twenty-one days

16  after the sixteen members are certified to the custodian of

17  state records, the commissioners by affirmative vote of eleven

18  members shall elect the seventeenth member, who must be a

19  registered voter who for the previous two years was not

20  registered as an elector of any political party having a

21  member holding office in the appointing legislature. If no

22  selection is made, then the chief justice of the supreme court

23  shall select the seventeenth member from a list of four

24  persons who are registered voters who for the previous two

25  years were not registered as electors of any political party

26  having a member holding office in the appointing legislature,

27  two selected by the commissioners appointed by the president

28  of the senate and the speaker of the house of representatives

29  and two by the minority party commissioners. Upon selection,

30  the seventeenth commissioner shall be certified to the

31  custodian of state records.

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    Florida Senate - 2004                                 SJR 2914
    30-1687-04




 1         (2)a.  A commissioner may not have served during the

 2  four years before his or her certification as an elected state

 3  official, member of congress, party officer or employee, paid

 4  registered lobbyist, or legislative or congressional employee,

 5  nor may a relative, as defined by law, or an employee of any

 6  such person be a commissioner.

 7         b.  As a condition of appointment, each commissioner

 8  shall take an oath affirming that he or she will not, for a

 9  period of four years after concluding his or her service as a

10  commissioner, act as a paid registered lobbyist or seek

11  elected legislative or congressional office.

12         (3)  The commission shall elect one of its members to

13  serve as chair and shall establish its own rules and

14  procedures. The affirmative vote of eleven commissioners is

15  required for any commission action. Meetings and records of

16  the commission shall be open to the public and public notice

17  of all meetings shall be given.

18         (4)  Within one hundred eighty days after the

19  seventeenth commissioner is certified to the custodian of

20  state records, the commission shall file with the custodian of

21  state records its final report, including all required plans.

22         (5)  After the supreme court determines that the

23  required plans are valid, the commission shall be dissolved.

24  SENATORIAL AND REPRESENTATIVE DISTRICTS.  The legislature at

25  its regular session in the second year following each

26  decennial census, by joint resolution, shall apportion the

27  state in accordance with the constitution of the state and of

28  the United States into not less than thirty nor more than

29  forty consecutively numbered senatorial districts of either

30  contiguous, overlapping or identical territory, and into not

31  less than eighty nor more than one hundred twenty

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    Florida Senate - 2004                                 SJR 2914
    30-1687-04




 1  consecutively numbered representative districts of either

 2  contiguous, overlapping or identical territory.  Should that

 3  session adjourn without adopting such joint resolution, the

 4  governor by proclamation shall reconvene the legislature

 5  within thirty days in special apportionment session which

 6  shall not exceed thirty consecutive days, during which no

 7  other business shall be transacted, and it shall be the

 8  mandatory duty of the legislature to adopt a joint resolution

 9  of apportionment.

10         (b)  FAILURE OF COMMISSION TO APPORTION; JUDICIAL

11  APPORTIONMENT. If the commission does not timely file its

12  final report, including all required plans with the custodian

13  of state records, the commission shall be dissolved and the

14  attorney general shall, within five days, petition the supreme

15  court of the state to make such apportionment. Not later than

16  the sixtieth day after such petition is filed, the supreme

17  court shall file with the custodian of state records an order

18  making such apportionment. FAILURE OF LEGISLATURE TO

19  APPORTION; JUDICIAL REAPPORTIONMENT.  In the event a special

20  apportionment session of the legislature finally adjourns

21  without adopting a joint resolution of apportionment, the

22  attorney general shall, within five days, petition the supreme

23  court of the state to make such apportionment.  No later than

24  the sixtieth day after the filing of such petition, the

25  supreme court shall file with the custodian of state records

26  an order making such apportionment.

27         (c)  JUDICIAL REVIEW OF APPORTIONMENT. Within fifteen

28  days after the final report is filed with the custodian of

29  state records, the attorney general shall petition the supreme

30  court of the state to review and determine the validity of the

31  apportionment. The supreme court, in accordance with its

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    Florida Senate - 2004                                 SJR 2914
    30-1687-04




 1  rules, shall permit adversary interests to present their views

 2  and, within thirty days after the petition is filed, shall

 3  enter its judgment. JUDICIAL REVIEW OF APPORTIONMENT.  Within

 4  fifteen days after the passage of the joint resolution of

 5  apportionment, the attorney general shall petition the supreme

 6  court of the state for a declaratory judgment determining the

 7  validity of the apportionment.  The supreme court, in

 8  accordance with its rules, shall permit adversary interests to

 9  present their views and, within thirty days from the filing of

10  the petition, shall enter its judgment.

11         (d)  EFFECT OF JUDGMENT IN APPORTIONMENT.  A judgment

12  of the supreme court determining the apportionment to be valid

13  or ordering judicial apportionment shall be binding upon all

14  citizens of the state. If the supreme court determines that

15  the apportionment made by the commission is invalid, within

16  twenty days after the ruling the commission shall adopt and

17  file with the custodian of state records an amended plan that

18  conforms to the judgment of the supreme court. Within five

19  days after an amended plan is filed, the attorney general

20  shall petition the supreme court of the state to determine the

21  validity of the amended plan. If the commission has failed to

22  file an amended plan, the attorney general shall report that

23  fact to the supreme court within five days after the day by

24  which the commission should have filed an amended plan. EFFECT

25  OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY APPORTIONMENT

26  SESSION.  A judgment of the supreme court of the state

27  determining the apportionment to be valid shall be binding

28  upon all the citizens of the state.  Should the supreme court

29  determine that the apportionment made by the legislature is

30  invalid, the governor by proclamation shall reconvene the

31  legislature within five days thereafter in extraordinary

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    Florida Senate - 2004                                 SJR 2914
    30-1687-04




 1  apportionment session which shall not exceed fifteen days,

 2  during which the legislature shall adopt a joint resolution of

 3  apportionment conforming to the judgment of the supreme court.

 4         (e)  JUDICIAL APPORTIONMENT.  If the commission fails

 5  to file an amended plan or if the supreme court determines

 6  that the amended plan is invalid, the commission shall be

 7  dissolved and the supreme court shall, not later than sixty

 8  days after receiving the petition of the attorney general,

 9  file with the custodian of state records an order making such

10  apportionment. EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF

11  APPORTIONMENT.  Within fifteen days after the adjournment of

12  an extraordinary apportionment session, the attorney general

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

14  setting forth the apportionment resolution adopted by the

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

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

17  resolution of apportionment shall be had as provided for in

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

19  apportionment session.

20         (f)  JUDICIAL REAPPORTIONMENT.  Should an extraordinary

21  apportionment session fail to adopt a resolution of

22  apportionment or should the supreme court determine that the

23  apportionment made is invalid, the court shall, not later than

24  sixty days after receiving the petition of the attorney

25  general, file with the custodian of state records an order

26  making such apportionment.

27         BE IT FURTHER RESOLVED that the following statement be

28  placed on the ballot:

29                     CONSTITUTIONAL AMENDMENT

30                     ARTICLE III, SECTION 16

31  

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    Florida Senate - 2004                                 SJR 2914
    30-1687-04




 1         APPORTIONMENT AND DISTRICTING COMMISSION.--Proposing an

 2  amendment to the State Constitution to abolish the existing

 3  system of apportioning legislative and congressional districts

 4  with an apportionment and districting commission. The

 5  commission will be comprised of 17 members, 4 selected by the

 6  President of the Senate, 4 selected by the Speaker of the

 7  House of Representatives, and 4 each by the minority parties

 8  in the Senate and the House of Representatives; these 16

 9  members will elect the 17th, who must be a registered elector

10  not a member of any party having a member in the Legislature.

11  The commission has 180 days to file a report and plans; if

12  this apportionment is found invalid by the Supreme Court, the

13  commission has 20 days to file an amended plan. If the amended

14  plan is found invalid, or if the commission fails to file a

15  report and plans, the Supreme Court must do so within 60 days

16  after receiving a petition by the Attorney General.

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