HJR 1283 2022 CODING: Words stricken are deletions; words underlined are additions. hjr1283-00 Page 1 of 4 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 House Joint Resolution 1 A joint resolution proposing an amendment to Section 2 16 of Article III of the State Constitution to revise 3 the number of senatorial and representative districts 4 that the Legislature is authorized to apportion. 5 6 Be It Resolved by the Legislature of the State of Florida: 7 8 That the following amendment to Section 16 of Article III 9 of the State Constitution is agreed to and shall be submitted to 10 the electors of this state for approval or rejection at the next 11 general election or at an earlier special election specifically 12 authorized by law for that purpose: 13 ARTICLE III 14 LEGISLATURE 15 SECTION 16. Legislative apportionment. — 16 (a) SENATORIAL AND REPRESENTATIVE DIS TRICTS. The 17 legislature at its regular session in the second year following 18 each decennial census, by joint resolution, shall apportion the 19 state in accordance with the constitution of the state and of 20 the United States into not less than forty nor more than fifty 21 thirty nor more than forty consecutively numbered senatorial 22 districts of either contiguous, overlapping or identical 23 territory, and into not less than one hundred twenty nor more 24 than one hundred fifty eighty nor more than one hundred twenty 25 HJR 1283 2022 CODING: Words stricken are deletions; words underlined are additions. hjr1283-00 Page 2 of 4 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 consecutively numbered representative districts of either 26 contiguous, overlapping or identical territory. Should that 27 session adjourn without adopting such joint resolution, the 28 governor by proclamation shall reconvene the legislature within 29 thirty days in special apportionment session which shall not 30 exceed thirty consecutive days, during which no other business 31 shall be transacted, and it shall be the mandatory duty of the 32 legislature to adopt a joint resolution of apportionment. 33 (b) FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL 34 REAPPORTIONMENT. In the event a special apportionment session 35 of the legislature finally adjourns without adopting a joint 36 resolution of apportionment, the attorney general shall, within 37 five days, petition the supreme court of the state to make such 38 apportionment. No later than the sixtieth day after the filing 39 of such petition, the supreme court shall file with the 40 custodian of state records an order making such apportionment. 41 (c) JUDICIAL REVIEW OF APPORTIONMENT. Within fiftee n days 42 after the passage of the joint resolution of apportionment, the 43 attorney general shall petition the supreme court of the state 44 for a declaratory judgment determining the validity of the 45 apportionment. The supreme court, in accordance with its rules, 46 shall permit adversary interests to present their views and, 47 within thirty days from the filing of the petition, shall enter 48 its judgment. 49 (d) EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY 50 HJR 1283 2022 CODING: Words stricken are deletions; words underlined are additions. hjr1283-00 Page 3 of 4 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 APPORTIONMENT SESSION. A judgment of the supreme court of the 51 state determining the apportionment to be valid shall be binding 52 upon all the citizens of the state. Should the supreme court 53 determine that the apportionment made by the legislature is 54 invalid, the governor by proclamation shall reconvene the 55 legislature within five days thereafter in extraordinary 56 apportionment session which shall not exceed fifteen days, 57 during which the legislature shall adopt a joint resolution of 58 apportionment conforming to the judgment of the supreme court. 59 (e) EXTRAORDINARY AP PORTIONMENT SESSION; REVIEW OF 60 APPORTIONMENT. Within fifteen days after the adjournment of an 61 extraordinary apportionment session, the attorney general shall 62 file a petition in the supreme court of the state setting forth 63 the apportionment resolution adop ted by the legislature, or if 64 none has been adopted reporting that fact to the court. 65 Consideration of the validity of a joint resolution of 66 apportionment shall be had as provided for in cases of such 67 joint resolution adopted at a regular or special apport ionment 68 session. 69 (f) JUDICIAL REAPPORTIONMENT. Should an extraordinary 70 apportionment session fail to adopt a resolution of 71 apportionment or should the supreme court determine that the 72 apportionment made is invalid, the court shall, not later than 73 sixty days after receiving the petition of the attorney general, 74 file with the custodian of state records an order making such 75 HJR 1283 2022 CODING: Words stricken are deletions; words underlined are additions. hjr1283-00 Page 4 of 4 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 apportionment. 76 BE IT FURTHER RESOLVED that the following statement be 77 placed on the ballot: 78 CONSTITUTIONAL AMENDMENT 79 ARTICLE III, SECTION 16 80 APPORTIONMENT OF STATE LEGISLATIVE DISTRICTS. —Revises the 81 permissible number of districts allotted to each house of the 82 Legislature. Authorizes between 40 and 50 districts for the 83 Senate and between 120 and 150 districts for the House of 84 Representatives. Any change in the number of districts must be 85 adopted by joint resolution of the Legislature. Under current 86 law, the Senate must be composed of between 30 and 40 districts 87 and between 80 and 120 districts for the House of 88 Representatives. 89