HJR 0667 2004
1	House Joint Resolution
2	A joint resolution proposing the repeal of Section 16 of
3	Article III of the State Constitution, relating to
4	legislative apportionment, and the creation of Section 10
5	of Article II of the State Constitution to provide for
6	legislative reapportionment and congressional
7	redistricting of the state, prescribe reapportionment and
8	redistricting standards and procedures, provide for a
9	reapportionment and redistricting commission, and provide
10	for judicial review and judicial reapportionment or
11	redistricting.
12
13	Be It Resolved by the Legislature of the State of Florida:
14
15	That the repeal of Section 16 of Article III of the State
16	Constitution and the following creation of Section 10 of Article
17	II of the State Constitution are agreed to and shall be
18	submitted to the electors of Florida for approval or rejection
19	at the general election to be held in November 2004 or at an
20	earlier special election specifically authorized by law for that
21	purpose:
22	ARTICLE II
23	GENERAL PROVISIONS
24	SECTION 10. Legislative reapportionment and congressional
25	redistricting.--
26	(a) REAPPORTIONMENT AND REDISTRICTING OF STATE. By
27	January 31 of each year that ends in two or when required by the
28	United States or by court order, a commission shall divide the
29	state into 40 consecutively numbered senatorial districts of
30	contiguous, overlapping, or identical territory and 120
31	consecutively numbered representative districts of contiguous,
32	overlapping, or identical territory as provided by this
33	constitution or by general law and shall divide the state to
34	create as many congressional districts as there are
35	representatives in congress apportioned to this state. Districts
36	shall be established in accordance with the constitution of this
37	state and of the United States, shall be single-member
38	districts, and shall be as nearly equal in population as
39	practicable.
40	(b) REAPPORTIONMENT AND REDISTRICTING COMMISSION.
41	(1) In each year that ends in one and at any other time of
42	court-ordered reapportionment, a commission shall be established
43	to prepare a redistricting plan for congressional districts and
44	a reapportionment plan for legislative districts. The commission
45	shall consist of nine electors. By March 1 of the same year, the
46	president of the senate, the minority leader of the senate, the
47	speaker of the house of representatives, and the minority leader
48	of the house of representatives shall each appoint two persons
49	who are registered in their respective parties to serve on the
50	commission. A person who has served as an elected public
51	official, a party officer or employee, a registered lobbyist, or
52	a legislative or congressional employee, as such terms are
53	defined by general law, during the two years prior to the time
54	commissioners are appointed may not be appointed as a
55	commissioner, nor may a relative of such a person, as defined by
56	law, or an employee of such a person be appointed as a
57	commissioner.
58	(2) Within thirty days after the appointments have been
59	made, the eight commissioners shall select, by a vote of at
60	least five commissioners, a ninth commissioner, who shall serve
61	as chairperson. The chairperson shall be responsible for the
62	administrative duties of the commission, including supervision
63	of commission staff. The commission shall have its own staff, as
64	provided by general law. Failure to select the ninth
65	commissioner within the time prescribed shall constitute an
66	impasse that shall automatically discharge the commission. A new
67	commission shall then be appointed in the same manner as the
68	original commission. Within twenty days after the new
69	appointments have been made, the eight commissioners shall
70	select, by a vote of at least five commissioners, a ninth
71	commissioner, who shall serve as chairperson.
72	a. A person who has served as an elected public official,
73	a party officer or employee, a registered lobbyist, or a
74	legislative or congressional employee, as such terms are defined
75	by general law, during the two years prior to the time the
76	chairperson is selected may not be selected as chairperson, nor
77	may a relative of such a person, as defined by law, or an
78	employee of such a person be selected as chairperson.
79	b. The chairperson may not be registered as a member of
80	the majority party or as a member of the minority party.
81	(3) As a condition of appointment, each commissioner shall
82	take an oath that such commissioner will not seek the position
83	of state senator, state representative, or representative to
84	congress for a period of four years after a plan of
85	reapportionment or redistricting is judicially determined to be
86	valid.
87	(4) Vacancies shall be filled by the person who originally
88	appointed the commissioner whose position has become vacant,
89	except that the chairperson shall be selected in the manner set
90	forth in paragraph (2).
91	(5) The legislature shall, by general appropriations,
92	provide adequate funds to enable the commission to carry out its
93	duties.
94	(6) The commission shall hold public hearings as it deems
95	necessary to carry out its responsibilities under this section.
96	The commission may take any action, except the adoption of a
97	final plan of reapportionment or redistricting, by the
98	affirmative vote of five commissioners. Adoption of a final plan
99	of reapportionment or redistricting requires the affirmative
100	vote of at least six commissioners. No ex parte communication
101	relative to the merits, threat, or offer of reward shall be made
102	to any commissioner. A commissioner who receives an ex parte
103	communication, threat, or offer of reward shall place on the
104	record or otherwise make known the existence of, and disclose,
105	all written or oral communications, threats, or offers received
106	and all written or oral responses made thereto. The prohibition
107	against ex parte communications shall not apply to commission
108	staff. The provisions of section 286.011, Florida Statutes
109	(2003), shall apply to the commission.
110	(c) REAPPORTIONMENT AND REDISTRICTING STANDARDS.
111	(1) Congressional districts and state legislative
112	districts for each respective house shall be as nearly equal in
113	population as is practicable, based on the population reported
114	in the federal decennial census taken in each year ending in
115	zero. No congressional district shall have a population that
116	varies by more than one-half of one percent from the average
117	population of all congressional districts in the state. No
118	legislative district shall have a population that varies by more
119	than one-half of one percent from the average population of all
120	districts of the respective house. The average of the absolute
121	values of the population deviations of all districts of the
122	respective house shall not vary by more than one-quarter of one
123	percent from the average population of all districts. Any
124	population variance must be justifiable as necessary for
125	compliance with the other standards in this section.
126	(2) Districts should be composed of convenient contiguous
127	territory and, consistent with paragraph (1), should be drawn to
128	coincide with the boundaries of local political subdivisions, as
129	such terms are defined by general law.
130	(3) Districts should be compact in form.
131	(4) A district may not be drawn for the purpose of
132	favoring any political party, incumbent legislator,
133	representative to congress, or other person. In preparing a
134	plan, the commission shall not take into account the addresses
135	of incumbent legislators or representatives to congress.
136	(5) A district shall not be drawn to dilute the voting
137	strength of any racial or language minority group.
138
139	On applying the standards prescribed in this subsection, the
140	prohibition against drawing a district to dilute the voting
141	strength of any racial or language minority group shall be
142	controlling over the standards prescribed in paragraphs (2) and
143	(3).
144	(d) JUDICIAL REVIEW. Within five days after adopting a
145	plan of reapportionment or redistricting, the commission shall
146	file such plan with the custodian of state records. Within
147	fifteen days after the filing of a reapportionment or
148	redistricting plan by the commission, the attorney general shall
149	petition the supreme court for a declaratory judgment
150	determining the validity of the plan, including its compliance
151	with all criteria specified in this section, applicable federal
152	law, and the constitution of the United States. The supreme
153	court, in accordance with its rules, shall permit adversary
154	interests to present their views and, within sixty days after
155	the filing of the petition, shall enter its judgment. If the
156	supreme court determines the reapportionment or redistricting
157	plan to be invalid in whole or in part, the commission shall
158	forthwith reconvene and shall, within thirty days, adopt a
159	revised plan that conforms to the judgment of the supreme court.
160	The revised plan shall be reviewed by the supreme court in the
161	same manner as the original plan. Upon approval of the supreme
162	court, a plan of reapportionment or redistricting shall be filed
163	with the custodian of state records and, upon filing, shall be
164	the official plan for the state.
165	(e) JUDICIAL REAPPORTIONMENT OR REDISTRICTING. If the
166	commission fails to adopt a plan or revised plan by January 31
167	of a year that ends in two, the commission shall, within five
168	days, notify the custodian of state records in writing of its
169	inability to adopt a plan. Within five days after the filing of
170	such notice, the attorney general shall petition the supreme
171	court to prepare a plan of reapportionment or redistricting. If
172	a plan that was timely adopted is determined to be invalid in
173	whole or in part after January 31 of a year that ends in two,
174	the attorney general shall file such a petition within five days
175	after entry of that determination. The court shall, not later
176	than sixty days after receiving the petition of the attorney
177	general, file with the custodian of state records an order
178	making such reapportionment or redistricting.
179	BE IT FURTHER RESOLVED that the title and substance of the
180	amendment proposed herein shall appear on the ballot as follows:
181	LEGISLATIVE APPORTIONMENT AND CONGRESSIONAL REDISTRICTING
182	Proposes the repeal of Section 16 of Article III and the
183	creation of Section 10 of Article II of the State Constitution
184	to replace existing provisions that provide for legislative
185	apportionment with new provisions that provide for legislative
186	reapportionment and congressional redistricting of the state,
187	that establish standards for legislative reapportionment and
188	congressional redistricting, that provide for the creation of a
189	nine-member commission to prepare a reapportionment plan for the
190	state legislature and a redistricting plan for the congressional
191	districts of the state, and that provide for judicial review and
192	judicial reapportionment or redistricting; removes the
193	Legislature as the body responsible for reapportioning and
194	redistricting the state.