Senate Bill sb2906

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    Florida Senate - 2004                                 SJR 2906

    By Senator Klein





    30-1686-04

  1                Senate Joint Resolution No. _____

  2         A joint resolution proposing an amendment to

  3         Section 16 of Article III of the State

  4         Constitution to prescribe additional standards

  5         for legislative and congressional apportionment

  6         and redistricting.

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

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10         That the following amendment to Section 16 of Article

11  III of the State Constitution is agreed to and shall be

12  presented to the electors of this state for approval or

13  rejection at the next general election or at an earlier

14  special election specifically authorized by law for that

15  purpose:

16                           ARTICLE III

17                           LEGISLATURE

18         SECTION 16.  Legislative apportionment.--

19         (a)  SENATORIAL AND REPRESENTATIVE DISTRICTS.  The

20  legislature at its regular session in the second year

21  following each decennial census, by joint resolution, shall

22  apportion the state in accordance with the constitution of the

23  state and of the United States into not less than thirty nor

24  more than forty consecutively numbered senatorial districts of

25  either contiguous, overlapping or identical territory, and

26  into not less than eighty nor more than one hundred twenty

27  consecutively numbered representative districts of either

28  contiguous, overlapping or identical territory.  Should that

29  session adjourn without adopting such joint resolution, the

30  governor by proclamation shall reconvene the legislature

31  within thirty days in special apportionment session which

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    Florida Senate - 2004                                 SJR 2906
    30-1686-04




 1  shall not exceed thirty consecutive days, during which no

 2  other business shall be transacted, and it shall be the

 3  mandatory duty of the legislature to adopt a joint resolution

 4  of apportionment.

 5         (b)  FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL

 6  REAPPORTIONMENT.  In the event a special apportionment session

 7  of the legislature finally adjourns without adopting a joint

 8  resolution of apportionment, the attorney general shall,

 9  within five days, petition the supreme court of the state to

10  make such apportionment.  No later than the sixtieth day after

11  the filing of such petition, the supreme court shall file with

12  the custodian of state records an order making such

13  apportionment.

14         (c)  JUDICIAL REVIEW OF APPORTIONMENT.  Within fifteen

15  days after the passage of the joint resolution of

16  apportionment, the attorney general shall petition the supreme

17  court of the state for a declaratory judgment determining the

18  validity of the apportionment.  The supreme court, in

19  accordance with its rules, shall permit adversary interests to

20  present their views and, within thirty days from the filing of

21  the petition, shall enter its judgment.

22         (d)  EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY

23  APPORTIONMENT SESSION.  A judgment of the supreme court of the

24  state determining the apportionment to be valid shall be

25  binding upon all the citizens of the state.  Should the

26  supreme court determine that the apportionment made by the

27  legislature is invalid, the governor by proclamation shall

28  reconvene the legislature within five days thereafter in

29  extraordinary apportionment session which shall not exceed

30  fifteen days, during which the legislature shall adopt a joint

31  

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    Florida Senate - 2004                                 SJR 2906
    30-1686-04




 1  resolution of apportionment conforming to the judgment of the

 2  supreme court.

 3         (e)  EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF

 4  APPORTIONMENT.  Within fifteen days after the adjournment of

 5  an extraordinary apportionment session, the attorney general

 6  shall file a petition in the supreme court of the state

 7  setting forth the apportionment resolution adopted by the

 8  legislature, or if none has been adopted reporting that fact

 9  to the court.  Consideration of the validity of a joint

10  resolution of apportionment shall be had as provided for in

11  cases of such joint resolution adopted at a regular or special

12  apportionment session.

13         (f)  JUDICIAL REAPPORTIONMENT.  Should an extraordinary

14  apportionment session fail to adopt a resolution of

15  apportionment or should the supreme court determine that the

16  apportionment made is invalid, the court shall, not later than

17  sixty days after receiving the petition of the attorney

18  general, file with the custodian of state records an order

19  making such apportionment.

20         (g)  STANDARDS FOR APPORTIONMENT AND DISTRICTING.  In

21  apportioning legislative and congressional districts, the

22  following standards, in addition to requirements provided by

23  this constitution and by the constitution of the United

24  States, apply:

25         (1)  Districts shall be compact and shall, where

26  practicable, use existing political and geographical

27  boundaries;

28         (2)  Districts shall, where practicable, preserve

29  communities of interest; and

30         (3)  Districts may not be drawn to favor an incumbent,

31  a political party, or any other person.

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    Florida Senate - 2004                                 SJR 2906
    30-1686-04




 1         BE IT FURTHER RESOLVED that the following statement be

 2  placed on the ballot:

 3                     CONSTITUTIONAL AMENDMENT

 4                     ARTICLE III, SECTION 16

 5         STANDARDS FOR APPORTIONMENT AND

 6  REDISTRICTING.--Proposing an amendment to the State

 7  Constitution to require that, in legislative and congressional

 8  redistricting, in addition to constitutional requirements,

 9  districts be compact; where practicable, use existing

10  political and geographical boundaries; where practicable,

11  preserve communities of interest; and not favor an incumbent,

12  a political party, or another person.

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