November 14, 2019
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       Florida Senate - 2010                                    SJR 402
       
       
       
       By Senator Justice
       
       
       
       
       16-00237A-10                                           2010402__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing the repeal of Section 16
    3         of Article III of the State Constitution, relating to
    4         legislative apportionment, and the creation of Section
    5         10 of Article II of the State Constitution to
    6         prescribe reapportionment standards and procedures.
    7  
    8  Be It Resolved by the Legislature of the State of Florida:
    9  
   10         That the repeal of Section 16 of Article III of the State
   11  Constitution and the following creation of Section 10 of Article
   12  II of the State Constitution are agreed to and shall be
   13  submitted to the electors of this state for approval or
   14  rejection at the next general election or at an earlier special
   15  election specifically authorized by law for that purpose:
   16                             ARTICLE II                            
   17                         GENERAL PROVISIONS                        
   18         SECTION 10.Legislative apportionment.—
   19         (a)APPORTIONMENT AND DISTRICTING COMMISSION.By January 31
   20  of each year that ends in the number two or when required by the
   21  United States or by court order, a commission shall divide the
   22  state into 40 consecutively numbered senatorial districts of
   23  contiguous, overlapping, or identical territory and 120
   24  consecutively numbered representative districts of contiguous,
   25  overlapping, or identical territory as provided by this
   26  constitution or by general law and shall divide the state to
   27  create as many congressional districts as there are
   28  representatives in congress apportioned to this state. Districts
   29  shall be established in accordance with the constitution of this
   30  state and of the United States, shall be single-member
   31  districts, and shall be as nearly equal in population as
   32  practicable.
   33         (b)REAPPORTIONMENT COMMISSION.
   34         (1)In each year that ends in one and at any other time of
   35  court-ordered reapportionment, a commission shall be established
   36  to prepare a redistricting plan for congressional districts and
   37  a reapportionment plan for legislative districts. The commission
   38  shall consist of nine electors. By March 1 of the same year, the
   39  president of the senate, the minority leader of the senate, the
   40  speaker of the house of representatives, and the minority leader
   41  of the house of representatives shall each appoint two persons
   42  who are registered in their respective parties to serve on the
   43  commission. A person who has served as an elected public
   44  official, a party officer or employee, a registered lobbyist, or
   45  a legislative or congressional employee, as such terms are
   46  defined by general law, during the two years before the time
   47  commissioners are appointed may not be appointed as a
   48  commissioner, and a relative of such a person, as defined by
   49  general law, or an employee of such a person may not be
   50  appointed as a commissioner.
   51         (2)Within thirty days after the appointments have been
   52  made, the eight commissioners shall select, by a vote of at
   53  least five commissioners, a ninth commissioner, who shall serve
   54  as chairperson. The chairperson shall be responsible for the
   55  administrative duties of the commission, including supervision
   56  of commission staff. The commission shall have its own staff, as
   57  provided by general law. Failure to select the ninth
   58  commissioner within the time prescribed constitutes an impasse
   59  that shall automatically discharge the commission. A new
   60  commission shall then be appointed in the same manner as the
   61  original commission. Within twenty days after the new
   62  appointments have been made, the eight commissioners shall
   63  select, by a vote of at least five commissioners, a ninth
   64  commissioner, who shall serve as chairperson.
   65         a.A person who has served as an elected public official, a
   66  party officer or employee, a registered lobbyist, or a
   67  legislative or congressional employee, as such terms are defined
   68  by general law, during the two years before the time the
   69  chairperson is selected may not be selected as chairperson, and
   70  a relative of such a person, as defined by law, or an employee
   71  of such a person may not be selected as chairperson.
   72         b.The chairperson may not be registered as a member of the
   73  majority party or as a member of the minority party.
   74         (3)As a condition of appointment, each commissioner shall
   75  take an oath that such commissioner will not seek the position
   76  of state senator, state representative, or representative to
   77  congress for a period of four years after a plan of
   78  apportionment or redistricting is judicially determined to be
   79  valid.
   80         (4)Vacancies shall be filled by the person who originally
   81  appointed the commissioner whose position has become vacant,
   82  except that the chairperson shall be selected in the manner set
   83  forth in paragraph (2).
   84         (5)The legislature shall, by general appropriations,
   85  provide adequate funds to enable the commission to carry out its
   86  duties.
   87         (6)a.The commission shall hold public hearings as it deems
   88  necessary to carry out its responsibilities under this section.
   89  The commission may take any action, except the adoption of a
   90  final plan of apportionment or redistricting, by the affirmative
   91  vote of five commissioners. Adoption of a final plan of
   92  apportionment or redistricting requires the affirmative vote of
   93  at least six commissioners. No ex parte communication relative
   94  to the merits, threat, or offer of reward shall be made to any
   95  commissioner. A commissioner who receives an ex parte
   96  communication, threat, or offer of reward shall place on the
   97  record or otherwise make known the existence of, and disclose,
   98  all written or oral communications, threats, or offers received
   99  and all written or oral responses made thereto. The prohibition
  100  against ex parte communications does not apply to commission
  101  staff.
  102         b.A commissioner may not communicate with another
  103  commissioner about matters relating to a plan of apportionment
  104  outside of a meeting that is noticed and open to the public.
  105  This limitation does not apply to procedural matters and
  106  communications with an attorney to discuss pending litigation.
  107  The legislature may enact laws that are not inconsistent with
  108  the requirements of this subparagraph.
  109         (c)REAPPORTIONMENT AND REDISTRICTING STANDARDS.
  110         (1)Congressional districts and state legislative districts
  111  for each respective house shall be as nearly equal in population
  112  as is practicable, based on the population reported in the
  113  federal decennial census taken in each year ending in zero. The
  114  population of each congressional district may not have a
  115  population that varies by more than one-half of one percent from
  116  the average population of all congressional districts in the
  117  state. The population of each legislative district may not have
  118  a population that varies by more than one-half of one percent
  119  from the average population of all districts of the respective
  120  house. The average of the absolute values of the population
  121  deviations of all districts of the respective house may not vary
  122  by more than one-quarter of one percent from the average
  123  population of all districts. Any population variance must be
  124  justifiable as necessary for compliance with the other standards
  125  in this section.
  126         (2)Districts shall be composed of convenient contiguous
  127  territory and, consistent with paragraph (1), be drawn to
  128  coincide with the boundaries of local political subdivisions, as
  129  such terms are defined by general law.
  130         (3)Districts shall be compact in form.
  131         (4)A district may not be drawn for the purpose of favoring
  132  any political party, incumbent legislator, representative to the
  133  United States Congress, or other person. In preparing a plan,
  134  the commission may not take into account the addresses of
  135  incumbent legislators or representatives to the United States
  136  Congress.
  137         (5)A district may not be drawn to dilute the voting
  138  strength of any racial or language minority group.
  139  
  140  On applying the standards prescribed in this subsection, the
  141  prohibition against drawing a district to dilute the voting
  142  strength of any racial or language minority group shall be
  143  controlling over the standards prescribed in paragraphs (2) and
  144  (3).
  145         (d)JUDICIAL REVIEW.Within five days after adopting a plan
  146  of apportionment or redistricting, the commission shall file
  147  such plan with the custodian of state records. Within fifteen
  148  days after the filing of an apportionment or redistricting plan
  149  by the commission, the attorney general shall petition the
  150  supreme court for a declaratory judgment determining the
  151  validity of the plan, including its compliance with all criteria
  152  specified in this section, applicable federal law, and the
  153  constitution of the United States. The supreme court, in
  154  accordance with its rules, shall permit adversary interests to
  155  present their views and, within sixty days after the filing of
  156  the petition, shall enter its judgment. If the supreme court
  157  determines the apportionment or redistricting plan to be invalid
  158  in whole or in part, the commission shall immediately reconvene
  159  and shall, within thirty days, adopt a revised plan that
  160  conforms to the judgment of the supreme court. The revised plan
  161  shall be reviewed by the supreme court in the same manner as the
  162  original plan. Upon approval by the supreme court, a plan of
  163  apportionment or redistricting shall be filed with the custodian
  164  of state records and, upon filing, shall be the official plan
  165  for the state.
  166         (e)JUDICIAL REAPPORTIONMENT.If the commission fails to
  167  adopt a plan or revised plan by January 31 of a year that ends
  168  in the number two, the commission shall, within five days,
  169  notify the custodian of state records in writing of its
  170  inability to adopt a plan. Within five days after the filing of
  171  such notice, the attorney general shall petition the supreme
  172  court to prepare a plan of apportionment or redistricting. If a
  173  plan that was timely adopted is determined to be invalid in
  174  whole or in part after January 31 of a year that ends in the
  175  number two, the attorney general shall file such a petition
  176  within five days after entry of that determination. The court
  177  shall, within sixty days after receiving the petition of the
  178  attorney general, file with the custodian of state records an
  179  order making such apportionment or redistricting.
  180         BE IT FURTHER RESOLVED that the following statement be
  181  placed on the ballot:
  182                      CONSTITUTIONAL AMENDMENTS                    
  183                       ARTICLE II, SECTION 10                      
  184                       ARTICLE III, SECTION 16                     
  185         LEGISLATIVE APPORTIONMENT AND CONGRESSIONAL REDISTRICTING.
  186  Proposing amendments to the State Constitution replacing
  187  existing provisions providing for legislative apportionment with
  188  new provisions that establish standards for legislative
  189  reapportionment and congressional redistricting and that provide
  190  for the creation of a nine-member commission to prepare an
  191  apportionment plan for the state legislature and a redistricting
  192  plan for the congressional districts of the state.

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