Senate Bill 0740
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    Florida Senate - 2000                                  SJR 740
    By Senator Geller
    29-425-00
  1                Senate Joint Resolution No.      
  2         A joint resolution proposing the repeal of
  3         section 16, Article III of the State
  4         Constitution, relating to legislative
  5         apportionment, and the addition of section 10,
  6         Article II of the State Constitution, relating
  7         to the establishment of a commission to
  8         reapportion the state legislative districts and
  9         redistrict congressional districts; prescribing
10         guidelines for such reapportionment and
11         redistricting; and providing for judicial
12         review thereof.
13
14  Be It Resolved by the Legislature of the State of Florida:
15
16         That the repeal of section 16 of Article III of the
17  State Constitution and the addition of the following section
18  10 of Article II of the State Constitution are agreed to and
19  shall be submitted to the electors of this state for approval
20  or rejection at the next general election or at an earlier
21  special election specifically authorized by law for that
22  purpose:
23                            ARTICLE II
24                        GENERAL PROVISIONS
25         SECTION 10.  Legislative apportionment and
26  congressional redistricting.--
27         (a)  REAPPORTIONMENT MANDATE.--By the end of each year
28  that ends in one, the state shall be divided by the commission
29  herein created into:  as many congressional districts as there
30  are United States Representatives apportioned to the state;
31  forty consecutively numbered senate districts; and
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    Florida Senate - 2000                                  SJR 740
    29-425-00
  1  one-hundred-and-twenty consecutively numbered representative
  2  districts.  All legislative districts shall be single-member
  3  districts.
  4         (b)  REAPPORTIONMENT COMMISSION.--
  5         (1)  In each year that ends in zero and at any other
  6  time of court-ordered reapportionment, a commission shall be
  7  established to prepare a redistricting plan for congressional
  8  districts and a reapportionment plan for legislative
  9  districts.  The commission shall consist of seven electors,
10  none of whom may be an elected public official, party officer,
11  registered lobbyist, or legislative employee, as such terms
12  are defined by law.  Any other person may serve on the
13  commission.  By March 1 of the same year, the chief justice of
14  the supreme court shall appoint six members to serve on the
15  commission.  Five members shall be selected from
16  recommendations made by the chief judge of each district court
17  of appeal in this state.  Each chief judge shall recommend 3
18  individuals who otherwise meet the qualifications of this
19  section and are domiciled in that district.  In making such
20  appointments, the chief justice shall appoint at least one
21  member of each racial or language minority group that
22  comprises at least 10 percent of the population of this state
23  as shown by the most recent federal decennial census.  If the
24  recommendations from the chief judges do not permit such
25  appointments, the chief justice may disregard the
26  recommendations to the extent necessary to make these required
27  appointments.  In making the remaining appointments, the chief
28  justice shall endeavor to establish the membership of the
29  commission to reflect the gender diversity of the state and to
30  be geographically representative of the state.
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    Florida Senate - 2000                                  SJR 740
    29-425-00
  1         (2)  Within thirty days after the appointments have
  2  been made, the six commissioners shall select, by a vote of at
  3  least four commissioners, a seventh commissioner, who shall
  4  serve as chairperson.  The chairperson will be responsible for
  5  the administrative duties of the commission, including
  6  supervision of commission staff.  Staffing of the commission
  7  shall be as provided by law.  Failure to select the seventh
  8  commissioner within the time prescribed shall constitute an
  9  impasse that shall automatically discharge the commission.  A
10  new commission shall then be appointed in the same manner as
11  the original commission.  Within twenty days after the new
12  appointments have been made, the six commissioners shall
13  select, by a vote of at least four commissioners, a seventh
14  commissioner, who shall serve as chairperson.
15         (3)  As a condition of appointment, each commissioner
16  shall take an oath that such commissioner will agree not to
17  seek public office in any of the newly redistricted
18  legislative or congressional districts for a period of two
19  years after the effective date thereof.
20         (4)  Vacancies shall be filled by the chief justice,
21  except that the chairperson shall be selected in the manner
22  set forth in paragraph (2).
23         (5)  The legislature shall, by general appropriations,
24  provide adequate funds to enable the commission to carry out
25  its duties.
26         (6)  The commission shall hold public hearings as it
27  deems necessary to carry out its responsibilities under this
28  section. The commission shall adopt its plans by majority
29  vote.  No ex parte communication relative to the merits,
30  threat, or offer of reward shall be made to a commissioner.  A
31  commissioner who receives an ex parte communication shall
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    Florida Senate - 2000                                  SJR 740
    29-425-00
  1  place on the record or otherwise make known the existence of,
  2  and disclose, all written communications received and all
  3  written responses to such communications, and all oral
  4  communications received and all oral responses made thereto.
  5  The prohibition against ex parte communications shall not
  6  apply to commission staff.  The provisions of section 286.011,
  7  Florida Statutes, shall apply to the commission.
  8         (c)  REAPPORTIONMENT STANDARDS.--
  9         (1)  Congressional districts and state legislative
10  districts for each respective house shall be as nearly equal
11  in population as is practicable, based on the population
12  reported in the federal decennial census, taken in each year
13  ending in zero.  No congressional district shall have a
14  population that varies by more than one percent from the
15  average population of all congressional districts in the
16  state. No legislative district shall have a population that
17  varies by more than ten percent from the average population of
18  all districts of the respective house.  The average of the
19  absolute values of the population deviations of all districts
20  of the respective house shall not vary by more than five
21  percent from the average population of all districts.  Any
22  population variance must be justifiable as necessary for
23  compliance with the other standards in this section.
24         (2)  Districts should be composed of convenient
25  contiguous territory and, consistent with paragraph (1),
26  should be drawn to coincide with the boundaries of local
27  political subdivisions, as such terms are defined by general
28  law.
29         (3)  Districts should be compact in form.
30         (4)  No district shall be drawn for the purpose of
31  favoring any political party, incumbent legislator,
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    Florida Senate - 2000                                  SJR 740
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  1  representative to Congress, or other person.  In preparing a
  2  plan, the commission shall not take into account the addresses
  3  of incumbent legislators or representatives to Congress.
  4         (5)  A district shall not be drawn to dilute the voting
  5  strength of any racial or language minority group.
  6
  7  On applying the reapportionment standards prescribed in this
  8  subsection, the prohibition against drawing a district to
  9  dilute the voting strength of any racial or language minority
10  groups shall be controlling over the standards prescribed in
11  paragraphs (2) and (3).
12         (d)  JUDICIAL REVIEW.--Within five days after
13  completion of a plan of apportionment or redistricting, the
14  commission shall file such plan with the secretary of state
15  or, after January 7, 2003, with the custodian of state
16  records.  Within fifteen days after the filing of an
17  apportionment or redistricting plan by the commission, the
18  attorney general shall petition the state supreme court for a
19  declaratory judgment determining the validity of the plan,
20  including its compliance with all criteria herein specified,
21  applicable federal law, and the constitution of the United
22  States. The supreme court, in accordance with its rules, shall
23  permit adversary interests to present their views and, within
24  sixty days after the filing of the petition, shall enter its
25  judgment.  If the supreme court determines the apportionment
26  or redistricting plan to be invalid in whole or in part, the
27  commission shall forthwith reconvene and shall, within thirty
28  days, adopt a revised plan that conforms to the judgment of
29  the supreme court.  The revised plan shall be subject to
30  judicial review by the supreme court in the same manner as the
31  original plan.  Upon approval of the supreme court, a plan of
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    Florida Senate - 2000                                  SJR 740
    29-425-00
  1  apportionment or redistricting shall be filed with the
  2  secretary of state or, after January 7, 2003, with the
  3  custodian of state records, and upon filing, shall be the
  4  official plan for the state.
  5         (e)  JUDICIAL REAPPORTIONMENT.--If the commission fails
  6  to adopt a plan or a revised plan by the end of each year that
  7  ends in one, the commission shall, within five days, notify
  8  the secretary of state or, after January 7, 2003, the
  9  custodian of state records in writing of its inability to
10  adopt a plan. Within five days after the filing of such
11  notice, the attorney general shall petition the supreme court
12  to prepare a plan of apportionment or redistricting.  The
13  court shall, not later than sixty days after receiving the
14  petition of the attorney general, file with the secretary of
15  state or, after January 7, 2003, with the custodian of state
16  records an order making such apportionment or redistricting.
17         BE IT FURTHER RESOLVED that the following statement be
18  placed on the ballot:
19                    CONSTITUTIONAL AMENDMENTS
20         ARTICLE II, SECTION 10; ARTICLE III, SECTION 16
21         LEGISLATIVE APPORTIONMENT AND CONGRESSIONAL
22  REDISTRICTING.--Proposing amendments to the State Constitution
23  replacing existing provisions providing for legislative
24  apportionment with new provisions that establish
25  reapportionment standards and provide for the creation of a
26  seven-member commission to prepare an apportionment plan for
27  the state legislature and a redistricting plan for the
28  congressional districts of the state.
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