Florida Senate - 2022                                   SJR 1904
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01481-22                                           20221904__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section
    3         16 of Article III of the State Constitution to revise
    4         the number of senatorial and representative districts
    5         that the Legislature is authorized to apportion.
    6          
    7  Be It Resolved by the Legislature of the State of Florida:
    8  
    9         That the following amendment to Section 16 of Article III
   10  of the State Constitution is agreed to and shall be submitted to
   11  the electors of this state for approval or rejection at the next
   12  general election or at an earlier special election specifically
   13  authorized by law for that purpose:
   14                             ARTICLE III                           
   15                             LEGISLATURE                           
   16         SECTION 16. Legislative apportionment.—
   17         (a) SENATORIAL AND REPRESENTATIVE DISTRICTS. The
   18  legislature at its regular session in the second year following
   19  each decennial census, by joint resolution, shall apportion the
   20  state in accordance with the constitution of the state and of
   21  the United States into not less than forty nor more than fifty
   22  thirty nor more than forty consecutively numbered senatorial
   23  districts of either contiguous, overlapping or identical
   24  territory, and into not less than one hundred twenty nor more
   25  than one hundred fifty eighty nor more than one hundred twenty
   26  consecutively numbered representative districts of either
   27  contiguous, overlapping or identical territory. Should that
   28  session adjourn without adopting such joint resolution, the
   29  governor by proclamation shall reconvene the legislature within
   30  thirty days in special apportionment session which shall not
   31  exceed thirty consecutive days, during which no other business
   32  shall be transacted, and it shall be the mandatory duty of the
   33  legislature to adopt a joint resolution of apportionment.
   34         (b) FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL
   35  REAPPORTIONMENT. In the event a special apportionment session of
   36  the legislature finally adjourns without adopting a joint
   37  resolution of apportionment, the attorney general shall, within
   38  five days, petition the supreme court of the state to make such
   39  apportionment. No later than the sixtieth day after the filing
   40  of such petition, the supreme court shall file with the
   41  custodian of state records an order making such apportionment.
   42         (c) JUDICIAL REVIEW OF APPORTIONMENT. Within fifteen days
   43  after the passage of the joint resolution of apportionment, the
   44  attorney general shall petition the supreme court of the state
   45  for a declaratory judgment determining the validity of the
   46  apportionment. The supreme court, in accordance with its rules,
   47  shall permit adversary interests to present their views and,
   48  within thirty days from the filing of the petition, shall enter
   49  its judgment.
   50         (d) EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY
   51  APPORTIONMENT SESSION. A judgment of the supreme court of the
   52  state determining the apportionment to be valid shall be binding
   53  upon all the citizens of the state. Should the supreme court
   54  determine that the apportionment made by the legislature is
   55  invalid, the governor by proclamation shall reconvene the
   56  legislature within five days thereafter in extraordinary
   57  apportionment session which shall not exceed fifteen days,
   58  during which the legislature shall adopt a joint resolution of
   59  apportionment conforming to the judgment of the supreme court.
   60         (e) EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF
   61  APPORTIONMENT. Within fifteen days after the adjournment of an
   62  extraordinary apportionment session, the attorney general shall
   63  file a petition in the supreme court of the state setting forth
   64  the apportionment resolution adopted by the legislature, or if
   65  none has been adopted reporting that fact to the court.
   66  Consideration of the validity of a joint resolution of
   67  apportionment shall be had as provided for in cases of such
   68  joint resolution adopted at a regular or special apportionment
   69  session.
   70         (f) JUDICIAL REAPPORTIONMENT. Should an extraordinary
   71  apportionment session fail to adopt a resolution of
   72  apportionment or should the supreme court determine that the
   73  apportionment made is invalid, the court shall, not later than
   74  sixty days after receiving the petition of the attorney general,
   75  file with the custodian of state records an order making such
   76  apportionment.
   77         BE IT FURTHER RESOLVED that the following statement be
   78  placed on the ballot:
   79                      CONSTITUTIONAL AMENDMENT                     
   80                       ARTICLE III, SECTION 16                     
   81         APPORTIONMENT OF STATE LEGISLATIVE DISTRICTS.—Revises the
   82  permissible number of districts allotted to each house of the
   83  Legislature. Authorizes between 40 and 50 districts for the
   84  Senate and between 120 and 150 districts for the House of
   85  Representatives. Any change in the number of districts must be
   86  adopted by joint resolution of the Legislature. Under current
   87  law, the Senate must be composed of between 30 and 40 districts
   88  and between 80 and 120 districts for the House of
   89  Representatives.