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