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 22thirty nor more than fortyconsecutively 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 fiftyeighty nor more than one hundred twenty26 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.