Florida Senate - 2009 SJR 202 By Senator Justice 16-00175-09 2009202__ 1 Senate Joint Resolution 2 A joint resolution proposing repeal of Section 16 of 3 Article III of the State Constitution, relating to 4 legislative apportionment, and the creation of Section 5 10 of Article II of the State Constitution to 6 prescribe reapportionment standards and procedures. 7 8 Be It Resolved by the Legislature of the State of Florida: 9 10 That the repeal of Section 16 of Article III of the State 11 Constitution and the following creation of Section 10 of Article 12 II of the State Constitution is agreed to and shall be submitted 13 to the electors of this state for approval or rejection at the 14 next general election or at an earlier special election 15 specifically authorized by law for that purpose: 16 ARTICLE II 17 GENERAL PROVISIONS 18 SECTION 10. Legislative apportionment.— 19 (a) APPORTIONMENT AND DISTRICTING COMMISSION. By January 31 20 of each year that ends in the number two or when required by the 21 United States or by court order, a commission shall divide the 22 state into 40 consecutively numbered senatorial districts of 23 contiguous, overlapping, or identical territory and 120 24 consecutively numbered representative districts of contiguous, 25 overlapping, or identical territory as provided by this 26 constitution or by general law and shall divide the state to 27 create as many congressional districts as there are 28 representatives in congress apportioned to this state. Districts 29 shall be established in accordance with the constitution of this 30 state and of the United States, shall be single-member 31 districts, and shall be as nearly equal in population as 32 practicable. 33 (b) REAPPORTIONMENT COMMISSION. 34 (1) In each year that ends in one and at any other time of 35 court-ordered reapportionment, a commission shall be established 36 to prepare a redistricting plan for congressional districts and 37 a reapportionment plan for legislative districts. The commission 38 shall consist of nine electors. By March 1 of the same year, the 39 president of the senate, the minority leader of the senate, the 40 speaker of the house of representatives, and the minority leader 41 of the house of representatives shall each appoint two persons 42 who are registered in their respective parties to serve on the 43 commission. A person who has served as an elected public 44 official, a party officer or employee, a registered lobbyist, or 45 a legislative or congressional employee, as such terms are 46 defined by general law, during the two years prior to the time 47 commissioners are appointed may not be appointed as a 48 commissioner, and a relative of such a person, as defined by 49 general law, or an employee of such a person may not be 50 appointed as a commissioner. 51 (2) Within thirty days after the appointments have been 52 made, the eight commissioners shall select, by a vote of at 53 least five commissioners, a ninth commissioner, who shall serve 54 as chairperson. The chairperson shall be responsible for the 55 administrative duties of the commission, including supervision 56 of commission staff. The commission shall have its own staff, as 57 provided by general law. Failure to select the ninth 58 commissioner within the time prescribed constitutes an impasse 59 that shall automatically discharge the commission. A new 60 commission shall then be appointed in the same manner as the 61 original commission. Within twenty days after the new 62 appointments have been made, the eight commissioners shall 63 select, by a vote of at least five commissioners, a ninth 64 commissioner, who shall serve as chairperson. 65 a. A person who has served as an elected public official, a 66 party officer or employee, a registered lobbyist, or a 67 legislative or congressional employee, as such terms are defined 68 by general law, during the two years prior to the time the 69 chairperson is selected may not be selected as chairperson, and 70 a relative of such a person, as defined by law, or an employee 71 of such a person may not be selected as chairperson. 72 b. The chairperson may not be registered as a member of the 73 majority party or as a member of the minority party. 74 (3) As a condition of appointment, each commissioner shall 75 take an oath that such commissioner will not seek the position 76 of state senator, state representative, or representative to 77 congress for a period of four years after a plan of 78 apportionment or redistricting is judicially determined to be 79 valid. 80 (4) Vacancies shall be filled by the person who originally 81 appointed the commissioner whose position has become vacant, 82 except that the chairperson shall be selected in the manner set 83 forth in paragraph (2). 84 (5) The legislature shall, by general appropriations, 85 provide adequate funds to enable the commission to carry out its 86 duties. 87 (6)a. The commission shall hold public hearings as it deems 88 necessary to carry out its responsibilities under this section. 89 The commission may take any action, except the adoption of a 90 final plan of apportionment or redistricting, by the affirmative 91 vote of five commissioners. Adoption of a final plan of 92 apportionment or redistricting requires the affirmative vote of 93 at least six commissioners. No ex parte communication relative 94 to the merits, threat, or offer of reward shall be made to any 95 commissioner. A commissioner who receives an ex parte 96 communication, threat, or offer of reward shall place on the 97 record or otherwise make known the existence of, and disclose, 98 all written or oral communications, threats, or offers received 99 and all written or oral responses made thereto. The prohibition 100 against ex parte communications does not apply to commission 101 staff. 102 b. A commissioner may not communicate with another 103 commissioner about matters relating to a plan of apportionment 104 outside of a meeting that is noticed and open to the public. 105 This limitation does not apply to procedural matters and 106 communications with an attorney to discuss pending litigation. 107 The legislature may enact laws that are not inconsistent with 108 the requirements of this subparagraph. 109 (c) REAPPORTIONMENT AND REDISTRICTING STANDARDS. 110 (1) Congressional districts and state legislative districts 111 for each respective house shall be as nearly equal in population 112 as is practicable, based on the population reported in the 113 federal decennial census taken in each year ending in zero. No 114 congressional district shall have a population that varies by 115 more than one-half of one percent from the average population of 116 all congressional districts in the state. No legislative 117 district shall have a population that varies by more than one 118 half of one percent from the average population of all districts 119 of the respective house. The average of the absolute values of 120 the population deviations of all districts of the respective 121 house shall not vary by more than one-quarter of one percent 122 from the average population of all districts. Any population 123 variance must be justifiable as necessary for compliance with 124 the other standards in this section. 125 (2) Districts should be composed of convenient contiguous 126 territory and, consistent with paragraph (1), should be drawn to 127 coincide with the boundaries of local political subdivisions, as 128 such terms are defined by general law. 129 (3) Districts should be compact in form. 130 (4) A district may not be drawn for the purpose of favoring 131 any political party, incumbent legislator, representative to the 132 United States Congress, or other person. In preparing a plan, 133 the commission shall not take into account the addresses of 134 incumbent legislators or representatives to the United States 135 Congress. 136 (5) A district shall not be drawn to dilute the voting 137 strength of any racial or language minority group. 138 On applying the standards prescribed in this subsection, the 139 prohibition against drawing a district to dilute the voting 140 strength of any racial or language minority group shall be 141 controlling over the standards prescribed in paragraphs (2) and 142 (3). 143 (d) JUDICIAL REVIEW. Within five days after adopting a plan 144 of apportionment or redistricting, the commission shall file 145 such plan with the custodian of state records. Within fifteen 146 days after the filing of an apportionment or redistricting plan 147 by the commission, the attorney general shall petition the 148 supreme court for a declaratory judgment determining the 149 validity of the plan, including its compliance with all criteria 150 specified in this section, applicable federal law, and the 151 constitution of the United States. The supreme court, in 152 accordance with its rules, shall permit adversary interests to 153 present their views and, within sixty days after the filing of 154 the petition, shall enter its judgment. If the supreme court 155 determines the apportionment or redistricting plan to be invalid 156 in whole or in part, the commission shall forthwith reconvene 157 and shall, within thirty days, adopt a revised plan that 158 conforms to the judgment of the supreme court. The revised plan 159 shall be reviewed by the supreme court in the same manner as the 160 original plan. Upon approval by the supreme court, a plan of 161 apportionment or redistricting shall be filed with the custodian 162 of state records and, upon filing, shall be the official plan 163 for the state. 164 (e) JUDICIAL REAPPORTIONMENT. If the commission fails to 165 adopt a plan or revised plan by January 31 of a year that ends 166 in the number two, the commission shall, within five days, 167 notify the custodian of state records in writing of its 168 inability to adopt a plan. Within five days after the filing of 169 such notice, the attorney general shall petition the supreme 170 court to prepare a plan of apportionment or redistricting. If a 171 plan that was timely adopted is determined to be invalid in 172 whole or in part after January 31 of a year that ends in the 173 number two, the attorney general shall file such a petition 174 within five days after entry of that determination. The court 175 shall, not later than sixty days after receiving the petition of 176 the attorney general, file with the custodian of state records 177 an order making such apportionment or redistricting. 178 BE IT FURTHER RESOLVED that the following statement be 179 placed on the ballot: 180 CONSTITUTIONAL AMENDMENTS 181 ARTICLE II, SECTION 10 182 ARTICLE III, SECTION 16 183 LEGISLATIVE APPORTIONMENT AND CONGRESSIONAL REDISTRICTING. 184 Proposing amendments to the State Constitution replacing 185 existing provisions providing for legislative apportionment with 186 new provisions that establish standards for legislative 187 reapportionment and congressional redistricting and that provide 188 for the creation of a nine-member commission to prepare an 189 apportionment plan for the state legislature and a redistricting 190 plan for the congressional districts of the state.