HJR 601

1	House Joint Resolution
2	A joint resolution proposing the repeal of Section 16 of
3	Article III of the State Constitution, relating to
4	legislative apportionment, and the creation of Section 10
5	of Article II of the State Constitution to prescribe
6	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
20	31 of each year that ends in the number two or when required by
21	the United States or by court order, a commission shall divide
22	the 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 the number one and at any
35	other time of court-ordered reapportionment, a commission shall
36	be established to prepare a redistricting plan for congressional
37	districts and a reapportionment plan for legislative districts.
38	The commission shall consist of nine electors. By March 1 of the
39	same year, the president of the senate, the minority leader of
40	the senate, the speaker of the house of representatives, and the
41	minority leader of the house of representatives shall each
42	appoint two persons who are registered in their respective
43	parties to serve on the commission. A person who has served as
44	an elected public official, a party officer or employee, a
45	registered lobbyist, or a legislative or congressional employee,
46	as such terms are defined by general law, during the two years
47	before the time commissioners are appointed may not be appointed
48	as a commissioner, and a relative of such a person, as defined
49	by 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,
66	a 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
73	the 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
88	deems necessary to carry out its responsibilities under this
89	section. The commission may take any action, except the adoption
90	of a final plan of apportionment or redistricting, by the
91	affirmative vote of five commissioners. Adoption of a final plan
92	of apportionment or redistricting requires the affirmative vote
93	of at least six commissioners. No ex parte communication
94	relative to the merits, threat, or offer of reward shall be made
95	to any 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
111	districts for each respective house shall be as nearly equal in
112	population as is practicable, based on the population reported
113	in the federal decennial census taken in each year ending in
114	zero. The population of each congressional district may not have
115	a population that varies by more than one-half of one percent
116	from the average population of all congressional districts in
117	the state. The population of each legislative district may not
118	have a population that varies by more than one-half of one
119	percent from the average population of all districts of the
120	respective house. The average of the absolute values of the
121	population deviations of all districts of the respective house
122	may not vary by more than one-quarter of one percent from the
123	average population of all districts. Any population variance
124	must be justifiable as necessary for compliance with the other
125	standards 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
132	favoring any political party, incumbent legislator,
133	representative to the United States Congress, or other person.
134	In preparing a plan, the commission may not take into account
135	the addresses of incumbent legislators or representatives to the
136	United States 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
146	plan of apportionment or redistricting, the commission shall
147	file such plan with the custodian of state records. Within
148	fifteen days after the filing of an apportionment or
149	redistricting plan by the commission, the attorney general shall
150	petition the supreme court for a declaratory judgment
151	determining the validity of the plan, including its compliance
152	with all criteria specified in this section, applicable federal
153	law, and the constitution of the United States. The supreme
154	court, in accordance with its rules, shall permit adversary
155	interests to present their views and, within sixty days after
156	the filing of the petition, shall enter its judgment. If the
157	supreme court determines the apportionment or redistricting plan
158	to be invalid in whole or in part, the commission shall
159	immediately reconvene and shall, within thirty days, adopt a
160	revised plan that conforms to the judgment of the supreme court.
161	The revised plan shall be reviewed by the supreme court in the
162	same manner as the original plan. Upon approval by the supreme
163	court, a plan of apportionment or redistricting shall be filed
164	with the custodian of state records and, upon filing, shall be
165	the official plan 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.

CODING: Words stricken are deletions; words underlined are additions.