Senate Bill sb1928

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    Florida Senate - 2002                                 SJR 1928

    By Senator Rossin





    35-1036-02

  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 requiring the establishment of a commission

  8         to reapportion the state legislative districts

  9         and redistrict congressional districts,

10         prescribing guidelines for such reapportionment

11         and redistricting, and providing for judicial

12         review thereof.

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14  Be It Resolved by the Legislature of the State of Florida:

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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 GENERAL PROVISIONS

24         SECTION 10.  Legislative apportionment and

25  congressional redistricting.--

26         (a)  REAPPORTIONMENT MANDATE.  By the end of each year

27  that ends in the numeral one, the state shall be divided by

28  the commission herein created into:  as many congressional

29  districts as there are United States Representatives

30  apportioned to the state; not fewer than thirty nor more than

31  forty-eight consecutively numbered senate districts; and not

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    Florida Senate - 2002                                 SJR 1928
    35-1036-02




  1  fewer than eighty nor more than one hundred and twenty

  2  consecutively numbered representative districts.  All

  3  legislative districts shall be single-member districts.

  4         (b)  REAPPORTIONMENT COMMISSION.

  5         (1)  In each year that ends in the numeral zero and at

  6  any other time of court-ordered reapportionment, a commission

  7  shall be established to prepare a redistricting plan for

  8  congressional districts and a reapportionment plan for

  9  legislative districts.  The commission shall consist of seven

10  electors, none of whom may be an elected public official,

11  party officer, registered lobbyist, or legislative employee as

12  such terms may be defined by law.  Any other person may serve

13  on the commission.  By July 1 of the same year, the chief

14  justice of the supreme court of this state, after consultation

15  with the other justices, shall appoint six people to serve on

16  the commission, and shall endeavor to establish membership on

17  the commission to reflect the state's ethnic, racial, and

18  gender diversity as reflected by the most recent federal

19  decennial census.

20         (2)  Within thirty days after the appointments have

21  been made, the six commissioners shall select, by a vote of at

22  least four commissioners, a seventh commissioner, who shall

23  serve as chairperson.  Failure to select the seventh

24  commissioner within the time prescribed shall constitute an

25  impasse that shall automatically discharge the commission. A

26  new commission shall then be appointed in the same manner as

27  the original commission. Within twenty days after the new

28  appointments have been made, the six commissioners shall

29  select, by a vote of at least four commissioners, a seventh

30  commissioner, who shall serve as chairperson.

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    Florida Senate - 2002                                 SJR 1928
    35-1036-02




  1         (3)  As a condition of appointment, each commissioner

  2  shall take an oath to not seek public office in any of the

  3  newly redistricted legislative or congressional districts for

  4  a period of two years after the effective date thereof.

  5         (4)  The chief justice shall appoint an individual to

  6  fill any vacancy on the commission except that of the

  7  chairperson, who shall be selected in the manner set forth in

  8  paragraph (2).

  9         (5)  The legislature shall appropriate funds to enable

10  the commission to carry out its duties.  The commission shall

11  hold public hearings as it deems necessary to carry out its

12  responsibilities under this section.

13         (c)  REAPPORTIONMENT STANDARDS.

14         (1)  Congressional districts and state legislative

15  districts for each respective house shall be as nearly equal

16  in population as is practicable, based on the population

17  reported in the federal decennial census taken in each year

18  ending in zero.  A congressional district may not have a

19  population that varies by more than one percent from the

20  average population of all congressional districts in the

21  state.  A legislative district may not have a population that

22  varies by more than five percent from the average population

23  of all districts of the respective house.  The average of the

24  absolute values of the population deviations of all districts

25  of the respective house may not vary by more than two percent

26  from the average population of all districts.  Any population

27  variance must be justifiable as necessary for compliance with

28  the other standards in this section.

29         (2)  Districts should be composed of the most

30  convenient contiguous territory possible and, consistent with

31  paragraph (1), should be drawn whenever possible to coincide

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    Florida Senate - 2002                                 SJR 1928
    35-1036-02




  1  with the boundaries of cities and counties as such terms may

  2  be defined by general law.

  3         (3)  Districts should be compact in form.  The

  4  aggregate width and length of all district boundaries should

  5  be as short as practicable consistent with the standards in

  6  paragraphs (1) and (2).

  7         (4)  A district may not be drawn for the purpose of

  8  favoring any political party, incumbent legislator, or other

  9  person.  In preparing a plan, the commission may not take into

10  account the addresses of incumbent legislators.

11         (5)  A district may not be drawn to dilute the voting

12  strength of any racial or language minority group.

13         (d)  JUDICIAL REVIEW.  Within five days after

14  completion of a plan of apportionment or redistricting, the

15  commission shall file such plan 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 supreme court of the state

19  for a declaratory judgment determining the validity of the

20  plan, including its compliance with all criteria herein

21  specified, applicable federal law, and the constitution of the

22  United States.  The supreme court, in accordance with its

23  rules, shall permit adversary interests to present their views

24  and, within sixty days after the filing of the petition, shall

25  enter its judgment.  If the supreme court determines that the

26  apportionment or redistricting plan is invalid in whole or in

27  part, the commission shall forthwith reconvene and shall,

28  within 30 days, adopt a revised plan that conforms to the

29  judgment of the supreme court. The revised plan is subject to

30  judicial review by the supreme court in the same manner as the

31  original plan.

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    Florida Senate - 2002                                 SJR 1928
    35-1036-02




  1         (e)  JUDICIAL REAPPORTIONMENT.  If the commission fails

  2  to adopt a plan or a revised plan by the end of each year that

  3  ends in the numeral one, the commission shall, within five

  4  days, notify the custodian of state records in writing of its

  5  inability to adopt a plan. Within five days after the filing

  6  of such notice, the attorney general shall petition the

  7  supreme court to prepare a plan of apportionment or

  8  redistricting.  The court shall, not later than sixty days

  9  after receiving the petition of the attorney general, file

10  with the custodian of state records an order making such

11  apportionment or redistricting.

12         BE IT FURTHER RESOLVED that the following statement be

13  placed on the ballot:

14                    CONSTITUTIONAL AMENDMENTS

15         ARTICLE II, SECTION 10; ARTICLE III, SECTION 16

16         LEGISLATIVE APPORTIONMENT AND CONGRESSIONAL

17  REDISTRICTING.--Proposing amendments to the State Constitution

18  replacing existing provisions providing for legislative

19  apportionment with new provisions that establish

20  reapportionment standards and provide for the creation of a

21  seven-member commission to prepare an apportionment plan for

22  the state legislature and a redistricting plan for the

23  congressional districts of the state.

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