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Florida Constitution Revision Commission

PUB 700482: The Legislature: Composition and Apportionment by Loyal Millett

ARTICLE III: LEGISLATURE, Section 1. Composition.

SECTION 1.Composition.

(a) LEGISLATURE. The legislative power of the state shall be vested in a legislature Legislature of the State of Florida, consisting of a Senate and a House of Representatives.senate composed of one senator elected from each senatorial district and a house of representatives composed of one member elected from each representative district.

(b) SENATE. The Senate shall consist of 1 man and 1 woman elected from each county of the State.

(c) HOUSE OF REPRESENTATIVES. The House of Representatives shall consist of 400 members, composed of 1 member elected from each legislative district. Each county of the State, however apportioned amongst the legislative districts, shall have at least 1 member of the House of Representatives.

ARTICLE III: LEGISLATURE, Section 15. Terms and qualifications of legislators.

SECTION 15.Terms and qualifications of legislators.
  1. SENATORS. Senators shall be elected for terms of four years, those from odd-numbered districts in the years the numbers of which are multiples of four and those from even-numbered districts in even-numbered years the numbers of which are not multiples of four; except, at the election next following a reapportionment, some senators shall be elected for terms of two years when necessary to maintain staggered terms.In the first general election following each decennial census, the male members of the Senate shall be elected for terms of 2 years, 2 years, and 4 years; and the female members of the Senate shall be elected for terms of 4 years, 2 years, and 4 years.
  2. REPRESENTATIVES. Members of the house of representatives shall be elected for terms of two years in each even-numbered year.
  3. QUALIFICATIONS. Each legislator shall be at least twenty-one 18 years of age, an elector and resident of the district from which elected and shall have resided in the state for a period of two years prior to election.
  4. ASSUMING OFFICE; VACANCIES. Members of the legislature shall take office upon election. Vacancies in legislative office shall be filled only by election as provided by law.

ARTICLE III: LEGISLATURE, Section 16. Legislative apportionment.

SECTION 16. Legislative apportionment.
  1. SENATORIAL AND REPRESENTATIVE DISTRICTS. The legislature at its regular session in the second year following each decennial census, by joint resolution, shall apportion the state in accordance with the constitution of the state and of the United States into not less than thirty nor more than forty consecutively numbered senatorial districts of either contiguous, overlapping or identical territory, and into not less than eighty nor more than one hundred twenty consecutively numbered representative districts of either contiguous, overlapping or identical territory. Should that session adjourn without adopting such joint resolution, the governor by proclamation shall reconvene the legislature within thirty days in special apportionment session which shall not exceed thirty consecutive days, during which no other business shall be transacted, and it shall be the mandatory duty of the legislature to adopt a joint resolution of apportionment.
  2. FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL REAPPORTIONMENT. In the event a special apportionment session of the legislature finally adjourns without adopting a joint resolution of apportionment, the attorney general shall, within five days, petition the supreme court of the state to make such apportionment. No later than the sixtieth day after the filing of such petition, the supreme court shall file with the custodian of state records an order making such apportionment.
  3. JUDICIAL REVIEW OF APPORTIONMENT. Within fifteen days after the passage of the joint resolution of apportionment, the attorney general shall petition the supreme court of the state for a declaratory judgment determining the validity of the apportionment. The supreme court, in accordance with its rules, shall permit adversary interests to present their views and, within thirty days from the filing of the petition, shall enter its judgment.
  4. EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY APPORTIONMENT SESSION. A judgment of the supreme court of the state determining the apportionment to be valid shall be binding upon all the citizens of the state. Should the supreme court determine that the apportionment made by the legislature is invalid, the governor by proclamation shall reconvene the legislature within five days thereafter in extraordinary apportionment session which shall not exceed fifteen days, during which the legislature shall adopt a joint resolution of apportionment conforming to the judgment of the supreme court.
  5. EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF APPORTIONMENT. Within fifteen days after the adjournment of an extraordinary apportionment session, the attorney general shall file a petition in the supreme court of the state setting forth the apportionment resolution adopted by the legislature, or if none has been adopted reporting that fact to the court. Consideration of the validity of a joint resolution of apportionment shall be had as provided for in cases of such joint resolution adopted at a regular or special apportionment session.
  6. JUDICIAL REAPPORTIONMENT. Should an extraordinary apportionment session fail to adopt a resolution of apportionment or should the supreme court determine that the apportionment made is invalid, the court shall, not later than sixty days after receiving the petition of the attorney general, file with the custodian of state records an order making such apportionment.

ARTICLE III: LEGISLATURE, Section 20. Standards for establishing congressional district boundaries.

SECTION 20. Standards for establishing congressional district boundaries.

In establishing congressional district boundaries:

  1. No apportionment plan or individual district shall be drawn with the intent to favor or disfavor a political party or an incumbent; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice; and districts shall consist of contiguous territory.
  2. Unless compliance with the standards in this subsection conflicts with the standards in subsection (a) or with federal law, districts shall be as nearly equal in population as is practicable; districts shall be compact; and districts shall, where feasible, utilize existing political and geographical boundaries.
  3. The order in which the standards within subsections (a) and (b) of this section are set forth shall not be read to establish any priority of one standard over the other within that subsection.

ARTICLE III: LEGISLATURE, Section 21. Standards for establishing legislative district boundaries.

SECTION 21. Standards for establishing legislative district boundaries.

In establishing legislative district boundaries:

  1. No apportionment plan or district shall be drawn with the intent to favor or disfavor a political party or an incumbent; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice; and districts shall consist of contiguous territory.
  2. Unless compliance with the standards in this subsection conflicts with the standards in subsection (a) or with federal law, districts shall be as nearly equal in population as is practicable; districts shall be compact; and districts shall, where feasible, utilize existing political and geographical boundaries.
  3. The order in which the standards within subsections (a) and (b) of this section are set forth shall not be read to establish any priority of one standard over the other within that subsection.

ARTICLE III: LEGISLATURE, New Section.

Catchline: Legislative and Congressional apportionment.

 

(1) In January of each year ending in one, a reapportionment commission shall be established to provide for the redistricting of State legislative and congressional districts.

(2) The commission shall be composed of the following members:

(a) the Chief Justice of the Supreme Court of Florida;

(b) the Chief Judge of each District Court of Appeal; and

(c) the Chief Circuit Judge of each judicial circuit.

 

 

(3) The Legislature shall enact laws providing for the implementation of this section, to include additional standards to govern the commission. The Legislature shall appropriate funds to enable the commission to carry out its duties.

(4) Each district shall contain a population, excluding nonresident military personnel, as nearly equal as practicable to the population of any other district. To the extent reasonable, each district shall contain contiguous territory, shall be compact and convenient, and shall be separated from adjoining districts by natural geographic barriers, artificial barriers, or political subdivision boundaries. The commission's plan shall not provide for a number of legislative districts different than that established by the Constitution. The commission's plan shall not be drawn purposely to favor or discriminate against any political party or group. The commission's plan for legislative districts shall ensure that each county of the State shall elect at least one member of the State House of Representatives.

(5) The commission shall complete redistricting as soon as possible following the federal decennial census, but no later than November 15th of each year ending in one. At least fifteen of the voting members shall approve such a redistricting plan. If the voting members of the commission fail to approve a plan within the time limitations provided in this subsection, the Supreme Court shall adopt a plan by April 30th of the year ending in two in conformance with the standards set forth in subsection (4) of this section. After that day, the plan constitutes the State districting law.

(6) The Legislature shall enact laws providing for the reconvening of a commission for the purpose of modifying a districting law adopted under this section. Such reconvening requires a two-thirds vote of the legislators elected or appointed to each house of the Legislature. The commission shall conform to the standards prescribed under subsection (4) of this section and any other standards or procedures that the Legislature may provide by law. At least fifteen of the voting members shall approve such a modification.

(7) The Legislature shall prescribe by law the terms of commission members and the method of filling vacancies on the commission.

(8) The Supreme Court has original jurisdiction to hear and decide all cases involving congressional and legislative redistricting.

(9) Legislative and congressional districts may not be changed or established except pursuant to this section.