Florida Senate - 2015 SB 6-C By Senator Soto 14-00003-15C 20156C__ 1 A bill to be entitled 2 An act relating to violations of apportionment 3 standards; providing that a member of the Legislature 4 who offers, or participates in the creation of, an 5 apportionment plan in violation of certain standards 6 for establishing congressional or legislative district 7 boundaries may be subject to penalties; specifying 8 methods for an aggrieved party to file a complaint; 9 specifying required contents of a complaint; 10 prescribing procedures for complaints filed in either 11 house of the Legislature or in circuit court, 12 respectively; providing penalties; specifying actions 13 that must be considered aggravating circumstances in 14 determining whether the member acted in bad faith or 15 with malice; providing a statute of repose; providing 16 for nonapplicability; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Violations of apportionment standards; 21 penalties.— 22 (1) If a member of the Legislature offers, or participates 23 in the creation of, an apportionment plan that violates the 24 standards for establishing congressional or legislative district 25 boundaries prescribed in ss. 20 and 21 of Article III of the 26 State Constitution, respectively, he or she may be subject to 27 the penalties set forth in this section. 28 (2) In alleging a violation of s. 20 or s. 21 of Article 29 III of the State Constitution, an aggrieved party may: 30 (a) File a sworn complaint with the house of the 31 Legislature of the member who is the subject of the complaint; 32 or 33 (b) File a complaint in the circuit court of the Second 34 Judicial Circuit in and for Leon County. 35 36 A filed complaint must specify the actions of the member of the 37 Legislature which form the basis for the complaint and attach 38 all documentation on which the complaint is based. 39 (3) Any complaint filed pursuant to paragraph (2)(a) shall 40 be referred to the appropriate committee for investigation and 41 action in accordance with the rules of the respective house of 42 the Legislature. If the committee finds that a violation has 43 occurred, it shall report its findings to the President of the 44 Senate or the Speaker of the House of Representatives, as 45 appropriate, together with a recommended penalty, including a 46 fine of up to $5,000. If the committee finds that the member 47 acted in bad faith or with malice, the committee may recommend 48 that the member also be censured, reprimanded, or expelled. Upon 49 receipt of such report, the President of the Senate or the 50 Speaker of the House of Representatives shall cause the 51 committee report and recommendations to be brought before the 52 respective house and a final determination shall be made by a 53 majority of said house. 54 (4) If the complaint is filed in circuit court, the circuit 55 judge shall assess a fine of up to $5,000 if the judge 56 determines that the member who is the subject of the complaint 57 has offered, or participated in the creation of, an 58 apportionment plan in violation of s. 20 or s. 21 of Article III 59 of the State Constitution. If the circuit judge finds that the 60 member acted in bad faith or with malice, that finding shall be 61 an aggravating factor toward the assessment of a greater fine. 62 (5) For purposes of this section, offering, or 63 participating in the creation of, an apportionment plan that 64 violates a standard specified in subsection (a) of s. 20 or 65 subsection (a) of s. 21 of Article III of the State Constitution 66 shall be considered an aggravating circumstance by the circuit 67 judge or the appropriate legislative committee in determining 68 whether the member acted in bad faith or with malice. 69 (6) A complaint filed pursuant to this section must be 70 filed within 1 year after the date that the apportionment plan 71 is filed for consideration by the Legislature. 72 (7) This section does not apply to a member of the 73 Legislature who affirmatively voted for an offending 74 apportionment plan but did not sponsor or participate in the 75 creation of such plan. 76 Section 2. This act shall take effect upon becoming a law.