Senate Bill sb0564

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    Florida Senate - 2004                                  SJR 564

    By Senator Geller





    31-584-04

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing the repeal of

  3         Section 16 of Article III of the State

  4         Constitution, relating to legislative

  5         apportionment, and the creation of Section 10

  6         of Article II of the State Constitution to

  7         prescribe reapportionment standards and

  8         procedures.

  9  

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

11  

12         That the repeal of Section 16 of Article III of the

13  State Constitution and the following creation of Section 10 of

14  Article II of the State Constitution are agreed to and shall

15  be submitted to the electors of this state for approval or

16  rejection at the next general election or at an earlier

17  special election specifically authorized by law for that

18  purpose:

19  

20                            ARTICLE II

21                        GENERAL PROVISIONS

22         Section 10.--Legislative apportionment.--

23         (a)  APPORTIONMENT AND DISTRICTING COMMISSION. By

24  January 31 of each year that ends in two or when required by

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

26  the state into 40 consecutively numbered senatorial districts

27  of contiguous, overlapping, or identical territory and 120

28  consecutively numbered representative districts of contiguous,

29  overlapping, or identical territory as provided by this

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

31  create as many congressional districts as there are

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    Florida Senate - 2004                                  SJR 564
    31-584-04




 1  representatives in congress apportioned to this state.

 2  Districts shall be established in accordance with the

 3  constitution of this state and of the United States, shall be

 4  single-member districts, and shall be as nearly equal in

 5  population as practical.

 6         (b)  REAPPORTIONMENT COMMISSION.

 7         (1)  In each year that ends in one and at any other

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

 9  established to prepare a redistricting plan for congressional

10  districts and a reapportionment plan for legislative

11  districts. The commission shall consist of nine electors. By

12  March 1 of the same year, the president of the senate, the

13  minority leader of the senate, the speaker of the house of

14  representatives, and the minority leader of the house of

15  representatives shall each appoint two persons who are

16  registered in their respective parties to serve on the

17  commission. A person who has served as an elected public

18  official, a party officer or employee, a registered lobbyist,

19  or a legislative or congressional employee, as such terms are

20  defined by general law, during the two years prior to the time

21  commissioners are appointed may not be appointed as a

22  commissioner, nor may a relative of such a person, as defined

23  by law, or an employee of such a person be appointed as a

24  commissioner.

25         (2)  Within thirty days after the appointments have

26  been made, the eight commissioners shall select, by a vote of

27  at least five commissioners, a ninth commissioner, who shall

28  serve as chairperson.  The chairperson shall be responsible

29  for the administrative duties of the commission, including

30  supervision of commission staff. The commission shall have its

31  own staff, as provided by general law.  Failure to select the

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    Florida Senate - 2004                                  SJR 564
    31-584-04




 1  ninth commissioner within the time prescribed shall constitute

 2  an impasse that shall automatically discharge the commission.

 3  A new commission shall then be appointed in the same manner as

 4  the original commission. Within twenty days after the new

 5  appointments have been made, the eight commissioners shall

 6  select, by a vote of at least five commissioners, a ninth

 7  commissioner, who shall serve as chairperson.

 8         a.  A person who has served as an elected public

 9  official, a party officer or employee, a registered lobbyist,

10  or a legislative or congressional employee, as such terms are

11  defined by general law, during the two years prior to the time

12  the chairperson is selected may not be selected as

13  chairperson, nor may a relative of such a person, as defined

14  by law, or an employee of such a person be selected as

15  chairperson.

16         b.  The chairperson may not be registered as a member

17  of the majority party or as a member of the minority party.

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

19  shall take an oath that such commissioner will not seek the

20  position of state senator, state representative, or

21  representative to congress for a period of four years after a

22  plan of apportionment or redistricting is judicially

23  determined to be valid.

24         (4)  Vacancies shall be filled by the person who

25  originally appointed the commissioner whose position has

26  become vacant, except that the chairperson shall be selected

27  in the manner set forth in paragraph (2).

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

29  provide adequate funds to enable the commission to carry out

30  its duties.

31  

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    Florida Senate - 2004                                  SJR 564
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 1         (6)  The commission shall hold public hearings as it

 2  deems necessary to carry out its responsibilities under this

 3  section. The commission may take any action, except the

 4  adoption of a final plan of apportionment or redistricting, by

 5  the affirmative vote of five commissioners. Adoption of a

 6  final plan of apportionment or redistricting requires the

 7  affirmative vote of at least six commissioners. No ex parte

 8  communication relative to the merits, threat, or offer of

 9  reward shall be made to any commissioner. A commissioner who

10  receives an ex parte communication, threat, or offer of reward

11  shall place on the record or otherwise make known the

12  existence of, and disclose, all written or oral

13  communications, threats, or offers received and all written or

14  oral responses made thereto. The prohibition against ex parte

15  communications shall not apply to commission staff. The

16  provisions of section 286.011, Florida Statutes (2003), shall

17  apply to the commission.

18         (c)  REAPPORTIONMENT AND REDISTRICTING STANDARDS.

19         (1)  Congressional districts and state legislative

20  districts for each respective house shall be as nearly equal

21  in population as is practicable, based on the population

22  reported in the federal decennial census taken in each year

23  ending in zero. No congressional district shall have a

24  population that varies by more than one-half of one percent

25  from the average population of all congressional districts in

26  the state. No legislative district shall have a population

27  that varies by more than one-half of one percent from the

28  average population of all districts of the respective house.

29  The average of the absolute values of the population

30  deviations of all districts of the respective house shall not

31  vary by more than one-quarter of one percent from the average

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    Florida Senate - 2004                                  SJR 564
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 1  population of all districts. Any population variance must be

 2  justifiable as necessary for compliance with the other

 3  standards in this section.

 4         (2)  Districts should be composed of convenient

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

 6  should be drawn to coincide with the boundaries of local

 7  political subdivisions, as such terms are defined by general

 8  law.

 9         (3)  Districts should be compact in form.

10         (4)  A district may not be drawn for the purpose of

11  favoring any political party, incumbent legislator,

12  representative to the United States Congress, or other person.

13  In preparing a plan, the commission shall not take into

14  account the addresses of incumbent legislators or

15  representatives to the United States Congress.

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

17  strength of any racial or language minority group.

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19  On applying the standards prescribed in this subsection, the

20  prohibition against drawing a district to dilute the voting

21  strength of any racial or language minority group shall be

22  controlling over the standards prescribed in paragraphs (2)

23  and (3).

24         (d)  JUDICIAL REVIEW. Within five days after adopting a

25  plan of apportionment or redistricting, the commission shall

26  file such plan with the custodian of state records. Within

27  fifteen days after the filing of an apportionment or

28  redistricting plan by the commission, the attorney general

29  shall petition the supreme court for a declaratory judgment

30  determining the validity of the plan, including its compliance

31  with all criteria specified in this section, applicable

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    Florida Senate - 2004                                  SJR 564
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 1  federal law, and the constitution of the United States. The

 2  supreme court, in accordance with its rules, shall permit

 3  adversary interests to present their views and, within sixty

 4  days after the filing of the petition, shall enter its

 5  judgment. If the supreme court determines the apportionment or

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

 7  commission shall forthwith reconvene and shall, within thirty

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

 9  the supreme court. The revised plan shall be reviewed by the

10  supreme court in the same manner as the original plan. Upon

11  approval of the supreme court, a plan of apportionment or

12  redistricting shall be filed with the custodian of state

13  records and, upon filing, shall be the official plan for the

14  state.

15         (e)  JUDICIAL REAPPORTIONMENT. If the commission fails

16  to adopt a plan or revised plan by January 31 of a year that

17  ends in two, the commission shall, within five days, notify

18  the custodian of state records in writing of its inability to

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

20  notice, the attorney general shall petition the supreme court

21  to prepare a plan of apportionment or redistricting. If a plan

22  that was timely adopted is determined to be invalid in whole

23  or in part after January 31 of a year that ends in two, the

24  attorney general shall file such a petition within 5 days

25  after entry of that determination. The court shall, not later

26  than sixty days after receiving the petition of the attorney

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

28  making such apportionment or redistricting.

29         BE IT FURTHER RESOLVED that the following statement be

30  placed on the ballot:

31                    CONSTITUTIONAL AMENDMENTS

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    Florida Senate - 2004                                  SJR 564
    31-584-04




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

 2         LEGISLATIVE APPORTIONMENT AND CONGRESSIONAL

 3  REDISTRICTING.--Proposing amendments to the State Constitution

 4  replacing existing provisions providing for legislative

 5  apportionment with new provisions that establish standards for

 6  legislative reapportionment and congressional redistricting

 7  and provide for the creation of a nine-member commission to

 8  prepare an apportionment plan for the state legislature and a

 9  redistricting plan for the congressional districts of the

10  state.

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