Senate Bill sb1352

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    Florida Senate - 2007                                 SJR 1352

    By Senator Geller





    31-1167-07

  1                     Senate Joint Resolution

  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                            ARTICLE II

20                        GENERAL PROVISIONS

21         SECTION 10.  Legislative apportionment.--

22         (a)  APPORTIONMENT AND DISTRICTING COMMISSION.--By

23  January 31 of each year that ends in the number two or when

24  required by the United States or by court order, a commission

25  shall divide the state into 40 consecutively numbered

26  senatorial districts of contiguous, overlapping, or identical

27  territory and 120 consecutively numbered representative

28  districts of contiguous, overlapping, or identical territory

29  as provided by this constitution or by general law and shall

30  divide the state to create as many congressional districts as

31  there are representatives in congress apportioned to this

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    Florida Senate - 2007                                 SJR 1352
    31-1167-07




 1  state. Districts shall be established in accordance with the

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

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

 4  population as practicable.

 5         (b)  REAPPORTIONMENT COMMISSION.--

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

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

 8  established to prepare a redistricting plan for congressional

 9  districts and a reapportionment plan for legislative

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

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

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

13  representatives, and the minority leader of the house of

14  representatives shall each appoint two persons who are

15  registered in their respective parties to serve on the

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

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

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

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

20  commissioners are appointed may not be appointed as a

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

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

23  commissioner.

24         (2)  Within thirty days after the appointments have

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

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

27  serve as chairperson. The chairperson shall be responsible for

28  the administrative duties of the commission, including

29  supervision of commission staff. The commission shall have its

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

31  ninth commissioner within the time prescribed shall constitute

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    Florida Senate - 2007                                 SJR 1352
    31-1167-07




 1  an impasse that shall automatically discharge the commission.

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

 3  the original commission. Within twenty days after the new

 4  appointments have been made, the eight commissioners shall

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

 6  commissioner, who shall serve as chairperson.

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

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

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

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

11  the chairperson is selected may not be selected as

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

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

14  chairperson.

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

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

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

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

19  position of state senator, state representative, or

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

21  plan of apportionment or redistricting is judicially

22  determined to be valid.

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

24  originally appointed the commissioner whose position has

25  become vacant, except that the chairperson shall be selected

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

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

28  provide adequate funds to enable the commission to carry out

29  its duties.

30         (6)  The commission shall hold public hearings as it

31  deems necessary to carry out its responsibilities under this

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    Florida Senate - 2007                                 SJR 1352
    31-1167-07




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

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

 3  the affirmative vote of five commissioners. Adoption of a

 4  final plan of apportionment or redistricting requires the

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

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

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

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

 9  shall place on the record or otherwise make known the

10  existence of, and disclose, all written or oral

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

12  oral responses made thereto. The prohibition against ex parte

13  communications shall not apply to commission staff. The

14  provisions of section 286.011, Florida Statutes, shall apply

15  to the commission.

16         (c)  REAPPORTIONMENT AND REDISTRICTING STANDARDS.--

17         (1)  Congressional districts and state legislative

18  districts for each respective house shall be as nearly equal

19  in population as is practicable, based on the population

20  reported in the federal decennial census taken in each year

21  ending in zero. No congressional district shall have a

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

23  from the average population of all congressional districts in

24  the state. No legislative district shall have a population

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

26  average population of all districts of the respective house.

27  The average of the absolute values of the population

28  deviations of all districts of the respective house shall not

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

30  population of all districts. Any population variance must be

31  

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    Florida Senate - 2007                                 SJR 1352
    31-1167-07




 1  justifiable as necessary for compliance with the other

 2  standards in this section.

 3         (2)  Districts should be composed of convenient

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

 5  should be drawn to coincide with the boundaries of local

 6  political subdivisions, as such terms are defined by general

 7  law.

 8         (3)  Districts should be compact in form.

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

10  favoring any political party, incumbent legislator,

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

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

13  account the addresses of incumbent legislators or

14  representatives to the United States Congress.

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

16  strength of any racial or language minority group.

17  

18  On applying the standards prescribed in this subsection, the

19  prohibition against drawing a district to dilute the voting

20  strength of any racial or language minority group shall be

21  controlling over the standards prescribed in paragraphs (2)

22  and (3).

23         (d)  JUDICIAL REVIEW.--Within five days after adopting

24  a plan of apportionment or redistricting, the commission shall

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

26  fifteen days after the filing of an apportionment or

27  redistricting plan by the commission, the attorney general

28  shall petition the supreme court for a declaratory judgment

29  determining the validity of the plan, including its compliance

30  with all criteria specified in this section, applicable

31  federal law, and the constitution of the United States. The

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    Florida Senate - 2007                                 SJR 1352
    31-1167-07




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

 2  adversary interests to present their views and, within sixty

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

 4  judgment. If the supreme court determines the apportionment or

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

 6  commission shall forthwith reconvene and shall, within thirty

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

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

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

10  approval by the supreme court, a plan of apportionment or

11  redistricting shall be filed with the custodian of state

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

13  state.

14         (e)  JUDICIAL REAPPORTIONMENT.--If the commission fails

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

16  ends in the number two, the commission shall, within five

17  days, notify the custodian of state records in writing of its

18  inability to adopt a plan. Within five days after the filing

19  of such notice, the attorney general shall petition the

20  supreme court to prepare a plan of apportionment or

21  redistricting. If a plan that was timely adopted is determined

22  to be invalid in whole or in part after January 31 of a year

23  that ends in the number two, the attorney general shall file

24  such a petition within 5 days after entry of that

25  determination. The court shall, not later than sixty days

26  after receiving the petition of the attorney general, file

27  with the custodian of state records an order making such

28  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 - 2007                                 SJR 1352
    31-1167-07




 1                      ARTICLE II, SECTION 10

 2                     ARTICLE III, SECTION 16

 3         LEGISLATIVE APPORTIONMENT AND CONGRESSIONAL

 4  REDISTRICTING.--Proposing amendments to the State Constitution

 5  replacing existing provisions providing for legislative

 6  apportionment with new provisions that establish standards for

 7  legislative reapportionment and congressional redistricting

 8  and that provide for the creation of a nine-member commission

 9  to prepare an apportionment plan for the state legislature and

10  a redistricting plan for the congressional districts of the

11  state.

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