Florida 2022 Regular Session

Florida House Bill H1283 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	House Joint Resolution 1
15	15	A joint resolution proposing an amendment to Section 2
16	16	16 of Article III of the State Constitution to revise 3
17	17	the number of senatorial and representative districts 4
18	18	that the Legislature is authorized to apportion. 5
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20	20	Be It Resolved by the Legislature of the State of Florida: 7
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22	22	That the following amendment to Section 16 of Article III 9
23	23	of the State Constitution is agreed to and shall be submitted to 10
24	24	the electors of this state for approval or rejection at the next 11
25	25	general election or at an earlier special election specifically 12
26	26	authorized by law for that purpose: 13
27	27	ARTICLE III 14
28	28	LEGISLATURE 15
29	29	SECTION 16. Legislative apportionment. — 16
30	30	(a) SENATORIAL AND REPRESENTATIVE DIS TRICTS. The 17
31	31	legislature at its regular session in the second year following 18
32	32	each decennial census, by joint resolution, shall apportion the 19
33	33	state in accordance with the constitution of the state and of 20
34	34	the United States into not less than forty nor more than fifty 21
35	35	thirty nor more than forty consecutively numbered senatorial 22
36	36	districts of either contiguous, overlapping or identical 23
37	37	territory, and into not less than one hundred twenty nor more 24
38	38	than one hundred fifty eighty nor more than one hundred twenty 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	consecutively numbered representative districts of either 26
52	52	contiguous, overlapping or identical territory. Should that 27
53	53	session adjourn without adopting such joint resolution, the 28
54	54	governor by proclamation shall reconvene the legislature within 29
55	55	thirty days in special apportionment session which shall not 30
56	56	exceed thirty consecutive days, during which no other business 31
57	57	shall be transacted, and it shall be the mandatory duty of the 32
58	58	legislature to adopt a joint resolution of apportionment. 33
59	59	(b) FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL 34
60	60	REAPPORTIONMENT. In the event a special apportionment session 35
61	61	of the legislature finally adjourns without adopting a joint 36
62	62	resolution of apportionment, the attorney general shall, within 37
63	63	five days, petition the supreme court of the state to make such 38
64	64	apportionment. No later than the sixtieth day after the filing 39
65	65	of such petition, the supreme court shall file with the 40
66	66	custodian of state records an order making such apportionment. 41
67	67	(c) JUDICIAL REVIEW OF APPORTIONMENT. Within fiftee n days 42
68	68	after the passage of the joint resolution of apportionment, the 43
69	69	attorney general shall petition the supreme court of the state 44
70	70	for a declaratory judgment determining the validity of the 45
71	71	apportionment. The supreme court, in accordance with its rules, 46
72	72	shall permit adversary interests to present their views and, 47
73	73	within thirty days from the filing of the petition, shall enter 48
74	74	its judgment. 49
75	75	(d) EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	APPORTIONMENT SESSION. A judgment of the supreme court of the 51
89	89	state determining the apportionment to be valid shall be binding 52
90	90	upon all the citizens of the state. Should the supreme court 53
91	91	determine that the apportionment made by the legislature is 54
92	92	invalid, the governor by proclamation shall reconvene the 55
93	93	legislature within five days thereafter in extraordinary 56
94	94	apportionment session which shall not exceed fifteen days, 57
95	95	during which the legislature shall adopt a joint resolution of 58
96	96	apportionment conforming to the judgment of the supreme court. 59
97	97	(e) EXTRAORDINARY AP PORTIONMENT SESSION; REVIEW OF 60
98	98	APPORTIONMENT. Within fifteen days after the adjournment of an 61
99	99	extraordinary apportionment session, the attorney general shall 62
100	100	file a petition in the supreme court of the state setting forth 63
101	101	the apportionment resolution adop ted by the legislature, or if 64
102	102	none has been adopted reporting that fact to the court. 65
103	103	Consideration of the validity of a joint resolution of 66
104	104	apportionment shall be had as provided for in cases of such 67
105	105	joint resolution adopted at a regular or special apport ionment 68
106	106	session. 69
107	107	(f) JUDICIAL REAPPORTIONMENT. Should an extraordinary 70
108	108	apportionment session fail to adopt a resolution of 71
109	109	apportionment or should the supreme court determine that the 72
110	110	apportionment made is invalid, the court shall, not later than 73
111	111	sixty days after receiving the petition of the attorney general, 74
112	112	file with the custodian of state records an order making such 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	apportionment. 76
126	126	BE IT FURTHER RESOLVED that the following statement be 77
127	127	placed on the ballot: 78
128	128	CONSTITUTIONAL AMENDMENT 79
129	129	ARTICLE III, SECTION 16 80
130	130	APPORTIONMENT OF STATE LEGISLATIVE DISTRICTS. —Revises the 81
131	131	permissible number of districts allotted to each house of the 82
132	132	Legislature. Authorizes between 40 and 50 districts for the 83
133	133	Senate and between 120 and 150 districts for the House of 84
134	134	Representatives. Any change in the number of districts must be 85
135	135	adopted by joint resolution of the Legislature. Under current 86
136	136	law, the Senate must be composed of between 30 and 40 districts 87
137	137	and between 80 and 120 districts for the House of 88
138	138	Representatives. 89