Bill Text: FL S0402 | 2010 | Regular Session | Introduced

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Bill Title: Legislative Apportionment/Redistricting [GPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Reapportionment [S0402 Detail]

Download: Florida-2010-S0402-Introduced.html

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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.