Florida Senate - 2016                                   SJR 1254
       
       
        
       By Senator Joyner
       
       19-01558-16                                           20161254__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing amendments to Sections
    3         16, 20, and 21 of Article III and the creation of a
    4         new section in Article XII of the State Constitution
    5         to reassign responsibility for establishing state
    6         senatorial, state representative, and congressional
    7         district boundaries from the Legislature to an
    8         independent commission.
    9          
   10  Be It Resolved by the Legislature of the State of Florida:
   11  
   12         That the following amendments to Sections 16, 20, and 21 of
   13  Article III and the creation of a new section in Article XII of
   14  the State Constitution are agreed to and shall be submitted to
   15  the electors of this state for approval or rejection at the next
   16  general election or at an earlier special election specifically
   17  authorized by law for that purpose:
   18                             ARTICLE III                           
   19                             LEGISLATURE                           
   20         SECTION 16. Legislative and congressional redistricting;
   21  independent commission apportionment.—
   22         (a) INDEPENDENT COMMISSION.
   23         (1) The legislature shall provide by general law for the
   24  appointment of an independent commission on legislative and
   25  congressional redistricting in the year following each decennial
   26  census. The commission shall be composed of registered electors
   27  who reside in the state, have been registered with the same
   28  political party or have had no party affiliation for the
   29  previous five years, and have voted in each of the previous two
   30  statewide general elections. The number of commission members
   31  shall be provided by general law. While a commission member, and
   32  during the five years preceding his or her appointment, a
   33  commission member must not:
   34         a. Serve as an officer, candidate for elected office, or
   35  employee of the federal government or state government, or a
   36  political subdivision or agency thereof, except for military
   37  service;
   38         b. Serve as an officer or employee of, or otherwise be
   39  remunerated by, a political party or political committee;
   40         c. Be employed or otherwise remunerated as a lobbyist to
   41  influence or attempt to influence an officer or employee of the
   42  federal government or state government, or a political
   43  subdivision or agency thereof;
   44         d. Have a financial relationship as provided by general law
   45  with a person disqualified under this paragraph from membership
   46  on the commission; or
   47         e. Be disqualified from membership on the commission
   48  pursuant to any restriction provided by general law to protect
   49  the independence of the commission.
   50         (2) At the time and in the manner provided by general law:
   51         a. From among the qualified applicants for commission
   52  membership, the auditor general shall randomly select a pool of
   53  candidates, the number of which shall be provided by general
   54  law, two-thirds of whom shall be equally divided among
   55  registered electors of major political parties and one-third of
   56  whom shall be registered electors of minor political parties and
   57  registered electors who have no party affiliation. The pool of
   58  candidates shall be selected in a manner that provides for
   59  geographic balance to ensure statewide representation. The
   60  auditor general shall submit the pool of selected candidates to
   61  the legislature.
   62         b. A majority leader and minority leader selected from
   63  among the membership of the senate in accordance with its rules
   64  of procedure and a majority leader and minority leader selected
   65  from among the membership of the house of representatives in
   66  accordance with its rules of procedure shall each be authorized
   67  to eliminate an equal number of candidates from the pool
   68  submitted by the auditor general until the number of remaining
   69  candidates does not allow each of the majority and minority
   70  leaders to eliminate a candidate and, after such elimination,
   71  leaves remaining in the pool at least twice the total number of
   72  members of the commission.
   73         c. After the majority and minority leaders of the
   74  legislature have eliminated candidates from the pool, the
   75  auditor general shall randomly select the commission members,
   76  two-thirds of whom shall be equally divided among registered
   77  electors of major political parties and one-third of whom shall
   78  be registered electors of minor political parties and registered
   79  electors who have no party affiliation.
   80         (b)(a)LEGISLATIVE AND CONGRESSIONAL SENATORIAL AND
   81  REPRESENTATIVE DISTRICTS. Before adjournment sine die of the
   82  legislature at its regular session of the legislature in the
   83  second year following each decennial census, the independent
   84  commission by joint resolution, shall file with the custodian of
   85  state records redistricting plans that establish apportion the
   86  state in accordance with the constitution of the state and of
   87  the United States: into
   88         (1) Not less than thirty nor more than forty consecutively
   89  numbered senatorial districts of either contiguous, overlapping,
   90  or identical territory;, and into
   91         (2) Not less than eighty nor more than one hundred twenty
   92  consecutively numbered representative districts of either
   93  contiguous, overlapping, or identical territory; and
   94         (3) The number, as received by the state in accordance with
   95  federal law, of consecutively numbered congressional districts
   96  of either contiguous, overlapping, or identical territory.
   97  Should that session adjourn without adopting such joint
   98  resolution, the governor by proclamation shall reconvene the
   99  legislature within thirty days in special apportionment session
  100  which shall not exceed thirty consecutive days, during which no
  101  other business shall be transacted, and it shall be the
  102  mandatory duty of the legislature to adopt a joint resolution of
  103  apportionment.
  104         (c)(b) FAILURE OF INDEPENDENT COMMISSION LEGISLATURE TO
  105  ESTABLISH DISTRICTS APPORTION; JUDICIAL REDISTRICTING
  106  REAPPORTIONMENT. In the event the independent commission fails
  107  to file with the custodian of state records a redistricting plan
  108  establishing district boundaries within the time required by
  109  this section a special apportionment session of the legislature
  110  finally adjourns without adopting a joint resolution of
  111  apportionment, the attorney general shall, within five days,
  112  petition the supreme court of the state to make such
  113  redistricting apportionment. No later than the sixtieth day
  114  after the filing of such petition, the supreme court shall file
  115  with the custodian of state records an order making such
  116  redistricting apportionment.
  117         (d)(c) JUDICIAL REVIEW OF REDISTRICTING APPORTIONMENT.
  118  Within fifteen days after the independent commission files with
  119  the custodian of state records a redistricting plan passage of
  120  the joint resolution of apportionment, the attorney general
  121  shall petition the supreme court of the state for a declaratory
  122  judgment determining the validity of the redistricting
  123  apportionment. The supreme court, in accordance with its rules,
  124  shall permit adversary interests to present their views and,
  125  within thirty days after from the filing of the petition, shall
  126  enter its judgment.
  127         (e)(d) EFFECT OF JUDGMENT IN REDISTRICTING APPORTIONMENT;
  128  EXTRAORDINARY APPORTIONMENT SESSION. A judgment of the supreme
  129  court of the state determining the redistricting apportionment
  130  to be valid shall be binding upon all the citizens of the state.
  131  Should the supreme court determine that the redistricting
  132  apportionment made by the independent commission legislature is
  133  invalid, the court shall remand the redistricting plan to the
  134  independent commission. Within twenty days, the independent
  135  commission shall revise the redistricting plan, governor by
  136  proclamation shall reconvene the legislature within five days
  137  thereafter in extraordinary apportionment session which shall
  138  not exceed fifteen days, during which the legislature shall
  139  adopt a joint resolution of apportionment conforming the
  140  redistricting to the judgment of the supreme court, and file the
  141  revised redistricting plan with the custodian of state records.
  142         (f)(e)JUDICIAL EXTRAORDINARY APPORTIONMENT SESSION; REVIEW
  143  OF REVISED REDISTRICTING APPORTIONMENT. Within fifteen days
  144  after the independent commission files the revised redistricting
  145  plan with the custodian of state records adjournment of an
  146  extraordinary apportionment session, the attorney general shall
  147  file a petition in the supreme court of the state setting forth
  148  the revised redistricting plan apportionment resolution adopted
  149  by the legislature, or if a revised redistricting plan none has
  150  not been filed, adopted reporting that fact to the court.
  151  Consideration of the validity of a revised redistricting plan
  152  joint resolution of apportionment shall be had as provided for
  153  in cases of an original redistricting plan such joint resolution
  154  adopted at a regular or special apportionment session.
  155         (g)(f) JUDICIAL REDISTRICTING REAPPORTIONMENT. If the
  156  independent commission fails Should an extraordinary
  157  apportionment session fail to file a redistricting plan adopt a
  158  resolution of apportionment or if should the supreme court
  159  determines determine that the redistricting apportionment made
  160  is invalid, the court shall, within not later than sixty days
  161  after receiving the petition of the attorney general, file with
  162  the custodian of state records an order making such
  163  redistricting apportionment.
  164         SECTION 20. Standards for establishing congressional
  165  district boundaries.—In establishing congressional district
  166  boundaries:
  167         (a) No redistricting apportionment plan or individual
  168  district shall be drawn with the intent to favor or disfavor a
  169  political party or an incumbent; and districts shall not be
  170  drawn with the intent or result of denying or abridging the
  171  equal opportunity of racial or language minorities to
  172  participate in the political process or to diminish their
  173  ability to elect representatives of their choice; and districts
  174  shall consist of contiguous territory.
  175         (b) Unless compliance with the standards in this subsection
  176  conflicts with the standards in subsection (a) or with federal
  177  law, districts shall be as nearly equal in population as is
  178  practicable; districts shall be compact; and districts shall,
  179  where feasible, utilize existing political and geographical
  180  boundaries.
  181         (c) The order in which the standards within subsections (a)
  182  and (b) of this section are set forth shall not be read to
  183  establish any priority of one standard over the other within
  184  that subsection.
  185         SECTION 21. Standards for establishing legislative district
  186  boundaries.—In establishing legislative district boundaries:
  187         (a) No redistricting apportionment plan or district shall
  188  be drawn with the intent to favor or disfavor a political party
  189  or an incumbent; and districts shall not be drawn with the
  190  intent or result of denying or abridging the equal opportunity
  191  of racial or language minorities to participate in the political
  192  process or to diminish their ability to elect representatives of
  193  their choice; and districts shall consist of contiguous
  194  territory.
  195         (b) Unless compliance with the standards in this subsection
  196  conflicts with the standards in subsection (a) or with federal
  197  law, districts shall be as nearly equal in population as is
  198  practicable; districts shall be compact; and districts shall,
  199  where feasible, utilize existing political and geographical
  200  boundaries.
  201         (c) The order in which the standards within subsections (a)
  202  and (b) of this section are set forth shall not be read to
  203  establish any priority of one standard over the other within
  204  that subsection.
  205                             ARTICLE XII                           
  206                              SCHEDULE                             
  207         Legislative and congressional redistricting.—The amendment
  208  to Section 16 of Article III providing for the creation of an
  209  independent commission on legislative and congressional
  210  redistricting, and reassigning responsibility for establishing
  211  legislative and congressional district boundaries from the
  212  legislature to the independent commission, shall take effect
  213  upon approval by the electors and applies to any remedial
  214  redistricting from the 2010 decennial census and all
  215  redistricting for the 2020 decennial census and thereafter.
  216         BE IT FURTHER RESOLVED that the following statement be
  217  placed on the ballot:
  218                      CONSTITUTIONAL AMENDMENT                     
  219                ARTICLE III, SECTIONS 16, 20, AND 21               
  220                             ARTICLE XII                           
  221         LEGISLATIVE AND CONGRESSIONAL REDISTRICTING.—Proposing an
  222  amendment to the State Constitution to reassign responsibility
  223  for establishing state senatorial, state representative, and
  224  congressional district boundaries from the Legislature to an
  225  independent commission. The amendment provides qualifications
  226  for commission members and the process by which commission
  227  members are randomly selected by the Auditor General after
  228  legislative leaders are authorized to eliminate a specified
  229  number of candidates from the candidate pool.