Florida Senate - 2016 SB 164
By Senator Clemens
27-00096-16 2016164__
1 A bill to be entitled
2 An act relating to legislative apportionment and
3 congressional redistricting; creating s. 11.31, F.S.;
4 creating an independent commission on legislative
5 apportionment and congressional redistricting;
6 providing for the purpose, duties, and membership of
7 the commission; requiring the Legislature to annually
8 appropriate funds to the commission for employing
9 professional staff and otherwise supporting the
10 commission; requiring the commission’s office to be
11 located in Orange County; requiring the commission to
12 conduct public hearings; providing procedures for such
13 hearings; requiring the commission to receive certain
14 information from residents of the state through
15 specified means; requiring the commission to transmit
16 certain plans to the Legislature for consideration;
17 providing that commission members and employees are
18 subject to chs. 119 and 286, F.S., relating to public
19 records and public meetings, respectively, and are
20 subject to specified financial disclosure
21 requirements; prohibiting persons not serving on or
22 employed by the commission from influencing or
23 attempting to influence commission members and
24 employees other than through prescribed processes;
25 providing criminal penalties; providing an effective
26 date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 11.31, Florida Statutes, is created to
31 read:
32 11.31 Independent commission on legislative apportionment
33 and congressional redistricting.—
34 (1)(a) To assist the Legislature in its decennial
35 apportionment of the state into senatorial and representative
36 districts and congressional redistricting, there is created an
37 independent commission on legislative apportionment and
38 congressional redistricting.
39 (b)1. The commission shall coordinate the state’s decennial
40 legislative apportionment and congressional redistricting
41 activities, including, but not limited to, preparing and
42 proposing reapportionment plans and redistricting plans to the
43 Legislature and conducting public hearings on the proposed
44 plans.
45 2. Beginning in 2020, and for each decennial period
46 thereafter, commission members must be appointed before January
47 1, and the first commission meeting must occur before March 1.
48 (2)(a) The commission shall consist of the following nine
49 members, each of whom must be a registered elector of the state:
50 1. One member appointed by the President of the Senate.
51 2. One member appointed by the Speaker of the House of
52 Representatives.
53 3. One member appointed by the Minority Leader of the
54 Senate.
55 4. One member appointed by the Minority Leader of the House
56 of Representatives.
57 5. Five members appointed by the Governor:
58 a. One of whom must be a registered Republican, as
59 designated on his or her voter registration.
60 b. One of whom must be a registered Democrat, as designated
61 on his or her voter registration.
62 c. Three of whom must be registered with a minor political
63 party or have no party affiliation, as designated on their voter
64 registrations.
65 (b)1. A member must have resided in the state for at least
66 5 years before appointment to the commission.
67 2. A member must have registered with his or her political
68 party, or have no party affiliation, for at least 5 years before
69 appointment to the commission.
70 (c) A commission member may not hold any elected office
71 during his or her service on the commission.
72 (d) Commission members shall serve without compensation but
73 shall be reimbursed for per diem and travel expenses in
74 accordance with s. 112.061.
75 (3) The Legislature shall annually appropriate funds to the
76 commission for employing professional staff, procuring office
77 space and necessary equipment, and paying for other expenses
78 necessary for the staff to perform their duties. The
79 commission’s office shall be located in Orange County.
80 (4)(a) The commission shall conduct public hearings as part
81 of its activities. The commission shall establish and publish in
82 the Florida Administrative Register a schedule of hearings and
83 hearing locations as soon as practicable after its first
84 meeting.
85 (b) The hearing process shall include hearings to receive
86 public input before the commission draws a redistricting or
87 reapportionment map. The commission shall also conduct hearings
88 following the drawing and display of draft redistricting and
89 reapportionment maps. The commission shall display the draft
90 maps to the public for comment in a timely manner to achieve the
91 widest public dissemination reasonably possible.
92 (c) As part of the hearing process, the commission shall
93 create and maintain a website through which residents of the
94 state may submit information on behalf of any individual,
95 employee, group, or themselves. The commission shall also
96 implement procedures allowing residents to submit information by
97 regular mail, telephone, and facsimile.
98 (d) Beginning in 2022, and for each decennial period
99 thereafter, plans developed and approved by the commission shall
100 be transmitted to the Legislature before January 1 to be
101 considered by the Legislature at its next regular session as
102 required by s. 16, Art. III of the State Constitution.
103 (5) In developing district boundaries, the commission must
104 ensure that plans conform to ss. 20 and 21, Art. III of the
105 State Constitution.
106 (6) Commission members and employees are subject to the
107 provisions of chapter 119, relating to public records, and the
108 provisions of chapter 286, relating to public meetings, and
109 shall comply with the applicable financial disclosure
110 requirements of ss. 112.3148 and 112.3149.
111 (7) Except in the manner provided in subsection (4), it is
112 unlawful for a person not serving on or employed by the
113 commission to influence or attempt to influence a commission
114 member or employee to alter a plan in any way. A person who
115 violates this subsection commits a felony of the third degree,
116 punishable as provided in s. 775.082 or s. 775.083.
117 Section 2. This act shall take effect July 1, 2016.