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Senate Joint Resolution

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A joint resolution proposing the repeal of Section 16 of

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Article III of the State Constitution, relating to

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legislative apportionment, and the creation of Section 10

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of Article II of the State Constitution to prescribe

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reapportionment standards and procedures.

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

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

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Constitution and the following creation of Section 10 of Article

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II of the State Constitution is agreed to and shall be submitted

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to the electors of this state for approval or rejection at the

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next general election or at an earlier special election

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specifically authorized by law for that purpose:

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ARTICLE II

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GENERAL PROVISIONS

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     SECTION 10. Legislative apportionment.--

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

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31 of each year that ends in the number two or when required by

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

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the state into 40 consecutively numbered senatorial districts of

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contiguous, overlapping, or identical territory and 120

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consecutively numbered representative districts of contiguous,

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overlapping, or identical territory as provided by this

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constitution or by general law and shall divide the state to

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create as many congressional districts as there are

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representatives in congress apportioned to this state. Districts

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shall be established in accordance with the constitution of this

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state and of the United States, shall be single-member districts,

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and shall be as nearly equal in population as practicable.

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     (b) REAPPORTIONMENT COMMISSION.--

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

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court-ordered reapportionment, a commission shall be established

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to prepare a redistricting plan for congressional districts and a

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reapportionment plan for legislative districts. The commission

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shall consist of nine electors. By March 1 of the same year, the

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president of the senate, the minority leader of the senate, the

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speaker of the house of representatives, and the minority leader

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of the house of representatives shall each appoint two persons

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who are registered in their respective parties to serve on the

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commission. A person who has served as an elected public

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

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a legislative or congressional employee, as such terms are

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

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commissioners are appointed may not be appointed as a

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commissioner, and a relative of such a person, as defined by law,

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or an employee of such a person may not be appointed as a

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commissioner.

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     (2) Within thirty days after the appointments have been

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made, the eight commissioners shall select, by a vote of at least

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five commissioners, a ninth commissioner, who shall serve as

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chairperson. The chairperson shall be responsible for the

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administrative duties of the commission, including supervision of

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commission staff. The commission shall have its own staff, as

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provided by general law. Failure to select the ninth commissioner

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within the time prescribed shall constitute an impasse that shall

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automatically discharge the commission. A new commission shall

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then be appointed in the same manner as the original commission.

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Within twenty days after the new appointments have been made, the

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eight commissioners shall select, by a vote of at least five

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commissioners, a ninth commissioner, who shall serve as

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chairperson.

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     a. A person who has served as an elected public official, a

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party officer or employee, a registered lobbyist, or a

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legislative or congressional employee, as such terms are defined

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

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chairperson is selected may not be selected as chairperson, and a

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relative of such a person, as defined by law, or an employee of

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such a person may not be selected as chairperson.

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     b. The chairperson may not be registered as a member of the

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majority party or as a member of the minority party.

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

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take an oath that such commissioner will not seek the position of

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state senator, state representative, or representative to

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congress for a period of four years after a plan of apportionment

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or redistricting is judicially determined to be valid.

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

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appointed the commissioner whose position has become vacant,

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except that the chairperson shall be selected in the manner set

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forth in paragraph (2).

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     (5) The legislature shall, by general appropriations,

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provide adequate funds to enable the commission to carry out its

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duties.

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

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necessary to carry out its responsibilities under this section.

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The commission may take any action, except the adoption of a

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final plan of apportionment or redistricting, by the affirmative

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vote of five commissioners. Adoption of a final plan of

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apportionment or redistricting requires the affirmative vote of

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at least six commissioners. No ex parte communication relative to

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the merits, threat, or offer of reward shall be made to any

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commissioner. A commissioner who receives an ex parte

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communication, threat, or offer of reward shall place on the

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record or otherwise make known the existence of, and disclose,

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all written or oral communications, threats, or offers received

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and all written or oral responses made thereto. The prohibition

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against ex parte communications does not apply to commission

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staff. The provisions of section 286.011, Florida Statutes, shall

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apply to the commission.

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     (c) REAPPORTIONMENT AND REDISTRICTING STANDARDS.--

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     (1) Congressional districts and state legislative districts

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for each respective house shall be as nearly equal in population

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as is practicable, based on the population reported in the

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federal decennial census taken in each year ending in zero. No

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congressional district shall have a population that varies by

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more than one-half of one percent from the average population of

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all congressional districts in the state. No legislative district

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shall have a population that varies by more than one-half of one

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percent from the average population of all districts of the

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respective house. The average of the absolute values of the

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population deviations of all districts of the respective house

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shall not vary by more than one-quarter of one percent from the

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average population of all districts. Any population variance must

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be justifiable as necessary for compliance with the other

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standards in this section.

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     (2) Districts should be composed of convenient contiguous

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territory and, consistent with paragraph (1), should be drawn to

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coincide with the boundaries of local political subdivisions, as

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such terms are defined by general law.

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     (3) Districts should be compact in form.

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

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any political party, incumbent legislator, representative to the

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United States Congress, or other person. In preparing a plan, the

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commission shall not take into account the addresses of incumbent

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legislators or representatives to the United States Congress.

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

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strength of any racial or language minority group.

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On applying the standards prescribed in this subsection, the

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prohibition against drawing a district to dilute the voting

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strength of any racial or language minority group shall be

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controlling over the standards prescribed in paragraphs (2) and

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(3).

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

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plan of apportionment or redistricting, the commission shall file

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such plan with the custodian of state records. Within fifteen

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days after the filing of an apportionment or redistricting plan

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by the commission, the attorney general shall petition the

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supreme court for a declaratory judgment determining the validity

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of the plan, including its compliance with all criteria specified

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in this section, applicable federal law, and the constitution of

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the United States. The supreme court, in accordance with its

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rules, shall permit adversary interests to present their views

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and, within sixty days after the filing of the petition, shall

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enter its judgment. If the supreme court determines the

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apportionment or redistricting plan to be invalid in whole or in

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part, the commission shall forthwith reconvene and shall, within

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thirty days, adopt a revised plan that conforms to the judgment

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

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

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approval by the supreme court, a plan of apportionment or

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redistricting shall be filed with the custodian of state records

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and, upon filing, shall be the official plan for the state.

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

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adopt a plan or revised plan by January 31 of a year that ends in

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the number two, the commission shall, within five days, notify

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the custodian of state records in writing of its inability to

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

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the attorney general shall petition the supreme court to prepare

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a plan of apportionment or redistricting. If a plan that was

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timely adopted is determined to be invalid in whole or in part

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after January 31 of a year that ends in the number two, the

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attorney general shall file such a petition within 5 days after

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entry of that determination. The court shall, not later than

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sixty days after receiving the petition of the attorney general,

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file with the custodian of state records an order making such

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apportionment or redistricting.

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     BE IT FURTHER RESOLVED that the following statement be

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placed on the ballot:

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CONSTITUTIONAL AMENDMENTS

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ARTICLE II, SECTION 10

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ARTICLE III, SECTION 16

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     LEGISLATIVE APPORTIONMENT AND CONGRESSIONAL

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REDISTRICTING.--Proposing amendments to the State Constitution

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replacing existing provisions providing for legislative

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apportionment with new provisions that establish standards for

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legislative reapportionment and congressional redistricting and

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that provide for the creation of a nine-member commission to

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prepare an apportionment plan for the state legislature and a

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redistricting plan for the congressional districts of the state.