CRC - 2017 P 80 By Commissioner Schifino schifinow-00065A-17 201780__ 1 A proposal to repeal 2 Sections 16, 20, and 21 of Article III and Section 13 3 of Article XII and to create a new section in Article 4 VI of the State Constitution to establish an 5 independent redistricting commission. 6 7 Be It Proposed by the Constitution Revision Commission of 8 Florida: 9 10 Sections 16, 20, and 21 of Article III of the State 11 Constitution are repealed: 12 ARTICLE III 13 LEGISLATURE 14
SECTION 16. Legislative apportionment.—15 (a) SENATORIAL AND REPRESENTATIVE DISTRICTS. The16 legislature at its regular session in the second year following17 each decennial census, by joint resolution, shall apportion the18 state in accordance with the constitution of the state and of19 the United States into not less than thirty nor more than forty20 consecutively numbered senatorial districts of either21 contiguous, overlapping or identical territory, and into not22 less than eighty nor more than one hundred twenty consecutively23 numbered representative districts of either contiguous,24 overlapping or identical territory. Should that session adjourn25 without adopting such joint resolution, the governor by26 proclamation shall reconvene the legislature within thirty days27 in special apportionment session which shall not exceed thirty28 consecutive days, during which no other business shall be29 transacted, and it shall be the mandatory duty of the30 legislature to adopt a joint resolution of apportionment.31 (b) FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL32 REAPPORTIONMENT. In the event a special apportionment session of33 the legislature finally adjourns without adopting a joint34 resolution of apportionment, the attorney general shall, within35 five days, petition the supreme court of the state to make such36 apportionment. No later than the sixtieth day after the filing37 of such petition, the supreme court shall file with the38 custodian of state records an order making such apportionment.39 (c) JUDICIAL REVIEW OF APPORTIONMENT. Within fifteen days40 after the passage of the joint resolution of apportionment, the41 attorney general shall petition the supreme court of the state42 for a declaratory judgment determining the validity of the43 apportionment. The supreme court, in accordance with its rules,44 shall permit adversary interests to present their views and,45 within thirty days from the filing of the petition, shall enter46 its judgment.47 (d) EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY48 APPORTIONMENT SESSION. A judgment of the supreme court of the49 state determining the apportionment to be valid shall be binding50 upon all the citizens of the state. Should the supreme court51 determine that the apportionment made by the legislature is52 invalid, the governor by proclamation shall reconvene the53 legislature within five days thereafter in extraordinary54 apportionment session which shall not exceed fifteen days,55 during which the legislature shall adopt a joint resolution of56 apportionment conforming to the judgment of the supreme court.57 (e) EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF58 APPORTIONMENT. Within fifteen days after the adjournment of an59 extraordinary apportionment session, the attorney general shall60 file a petition in the supreme court of the state setting forth61 the apportionment resolution adopted by the legislature, or if62 none has been adopted reporting that fact to the court.63 Consideration of the validity of a joint resolution of64 apportionment shall be had as provided for in cases of such65 joint resolution adopted at a regular or special apportionment66 session.67 (f) JUDICIAL REAPPORTIONMENT. Should an extraordinary68 apportionment session fail to adopt a resolution of69 apportionment or should the supreme court determine that the70 apportionment made is invalid, the court shall, not later than71 sixty days after receiving the petition of the attorney general,72 file with the custodian of state records an order making such73 apportionment.74 SECTION 20. Standards for establishing congressional75 district boundaries.—In establishing congressional district76 boundaries:77 (a) No apportionment plan or individual district shall be78 drawn with the intent to favor or disfavor a political party or79 an incumbent; and districts shall not be drawn with the intent80 or result of denying or abridging the equal opportunity of81 racial or language minorities to participate in the political82 process or to diminish their ability to elect representatives of83 their choice; and districts shall consist of contiguous84 territory.85 (b) Unless compliance with the standards in this subsection86 conflicts with the standards in subsection (a) or with federal87 law, districts shall be as nearly equal in population as is88 practicable; districts shall be compact; and districts shall,89 where feasible, utilize existing political and geographical90 boundaries.91 (c) The order in which the standards within subsections (a)92 and (b) of this section are set forth shall not be read to93 establish any priority of one standard over the other within94 that subsection.95 SECTION 21. Standards for establishing legislative district96 boundaries.—In establishing legislative district boundaries:97 (a) No apportionment plan or district shall be drawn with98 the intent to favor or disfavor a political party or an99 incumbent; and districts shall not be drawn with the intent or100 result of denying or abridging the equal opportunity of racial101 or language minorities to participate in the political process102 or to diminish their ability to elect representatives of their103 choice; and districts shall consist of contiguous territory.104 (b) Unless compliance with the standards in this subsection105 conflicts with the standards in subsection (a) or with federal106 law, districts shall be as nearly equal in population as is107 practicable; districts shall be compact; and districts shall,108 where feasible, utilize existing political and geographical109 boundaries.110 (c) The order in which the standards within subsections (a)111 and (b) of this section are set forth shall not be read to112 establish any priority of one standard over the other within113 that subsection.114 115 A new section is added to Article VI of the State 116 Constitution to read: 117 ARTICLE VI 118 SUFFRAGE AND ELECTIONS 119 Independent redistricting commission.— 120 (a) By February 28 of each year that ends in the numeral 1, 121 an independent redistricting commission is established to 122 provide for the redistricting of congressional and state 123 legislative districts. The independent redistricting commission 124 is composed of eleven members. No more than five members of the 125 independent redistricting commission may be members of the same 126 political party. Of the first ten members appointed, no more 127 than four members may reside in the same county. Each member 128 must be a registered elector of this state who has been 129 continuously registered with the same political party or 130 registered with no party affiliation for three or more years 131 immediately preceding appointment, who is committed to applying 132 this section in an honest, independent, and impartial fashion, 133 and to upholding public confidence in the integrity of the 134 redistricting process. For three years before appointment, a 135 member may not have been appointed to, elected to, or a 136 candidate for any other public office, including precinct 137 committeeman or committeewoman, but not including member of a 138 school board, and may not have served as an officer of a 139 political party, a registered paid lobbyist, or as an officer of 140 a candidate’s campaign or political committee. 141 (b) The supreme court judicial nominating commission shall 142 nominate candidates for appointment to the independent 143 redistricting commission. 144 (c) By January 8 of each year that ends in the numeral 1, 145 the supreme court judicial nominating commission shall establish 146 a pool of persons who are willing to serve on and are qualified 147 for appointment to the independent redistricting commission. The 148 pool of candidates shall consist of forty nominees, with fifteen 149 nominees from each of the two largest political parties based on 150 the most recent voter registration statistics in the state and 151 ten nominees who are registered with no party affiliation or 152 registered with a minor political party. 153 (d) Appointments to the independent redistricting 154 commission shall be made in accordance with this subsection. No 155 later than January 31 of each year that ends in the numeral 1, 156 the speaker of the house of representatives shall make two 157 appointments to the commission from the pool of nominees. 158 Following the speaker’s appointments, the minority leader of the 159 house of representatives, the president of the senate, the 160 minority leader of the senate, and the governor shall each 161 consecutively appoint two members from the remaining pool of 162 nominees. Each such official has a seven-day period in which to 163 select his or her appointments following the last official to 164 make appointments. Any official who fails to make an appointment 165 within the specified time period will forfeit his or her ability 166 to make the appointment. In the event that there are two or more 167 minority parties within the house of representatives or the 168 senate, the leader of the largest minority party by statewide 169 party registration shall make the appointments. 170 (e) Any vacancy for a seat of the commission that is filled 171 pursuant to subsection (d) that remains as of March 1 of a year 172 that ends in the numeral 1 shall be filled by the supreme court 173 judicial nominating commission. The supreme court judicial 174 nominating commission shall strive for political balance and 175 fairness and appoint a member from the political party of the 176 official who failed to appoint a member. 177 (f) At a meeting called by the state’s chief election 178 officer, the ten independent redistricting commission members 179 shall select from the nomination pool of candidates unaffiliated 180 with a political party or registered with a minor political 181 party, by majority vote, an eleventh member who shall serve as 182 chair. If the ten commissioners fail to appoint an eleventh 183 member within fifteen days, the supreme court judicial 184 nominating commission, striving for political balance and 185 fairness, shall appoint an eleventh member from the nomination 186 pool of candidates who are registered with no party affiliation 187 or registered with a minor political party, who shall serve as 188 chair. 189 (g) The eleven commissioners shall select and appoint a 190 vice-chair, by a majority vote, from among its members. 191 (h) After having been served written notice and provided 192 with an opportunity for a response, a member of the independent 193 redistricting commission may be removed by the governor, with 194 the concurrence of three-fifths of the senate, for substantial 195 neglect of duty, gross misconduct in office, or inability to 196 discharge the duties of office. 197 (i) If a commissioner or the chair does not complete the 198 term of office for any reason, the supreme court judicial 199 nominating commission shall nominate a pool of three candidates 200 within the first thirty days after the vacancy occurs. The 201 nominees shall be of the same political party or status as was 202 the member who vacated the office at the time of his or her 203 appointment, and the appointment other than the chair shall be 204 made by the current holder of the office designated to make the 205 original appointment. The appointment of a new chair shall be 206 made by the remaining commissioners. If the appointment of a 207 replacement commissioner or chair is not made within fourteen 208 days following the presentation of the nominees, the supreme 209 court judicial nominating commission shall make the appointment, 210 striving for political balance and fairness. The newly appointed 211 commissioner shall serve out the remainder of the original term. 212 (j) Six commissioners, including the chair or vice-chair, 213 constitutes a quorum. Six or more affirmative votes, including 214 at least two from a commissioner from each of the two largest 215 political parties, are required for any official action. When a 216 quorum is present, the independent redistricting commission 217 shall conduct business in meetings open to the public, with 48 218 or more hours public notice provided. 219 (k) Each commission member shall conduct themselves in a 220 manner that is impartial and that reinforces public confidence 221 in the integrity of the redistricting process. A commission 222 member is ineligible for a period of ten years beginning from 223 the date of appointment to hold elective public office at the 224 federal, state, county, or municipal level in this state. A 225 member of the commission is ineligible for a period of five 226 years beginning from the date of appointment to hold appointive 227 federal, state, or local public office, to serve as paid staff 228 for, or as a paid consultant to the legislature, or any 229 individual legislator, or to register as a federal, state, or 230 local government lobbyist in this state. 231 (l) The independent redistricting commission shall 232 establish congressional and legislative districts. At the 233 commencement of the mapping process for both congressional and 234 state legislative districts, a grid-like pattern of districts of 235 equal population across the state shall be created. The 236 commission shall make adjustments to the grid as necessary to 237 accommodate the goals prescribed in this subsection: 238 (1) Districts shall comply with the United States 239 Constitution and the federal Voting Rights Act of 1965, as 240 amended; 241 (2) Congressional districts shall have equal population to 242 the extent practicable, and state legislative districts shall 243 have equal population to the extent practicable; 244 (3) Any district may not be drawn with the intent to favor 245 or disfavor a political party or an incumbent; and districts may 246 not be drawn with the intent or result of denying or abridging 247 the equal opportunity of racial or language minorities to 248 participate in the political process or to diminish their 249 ability to elect representatives of their choice. 250 (4) Districts shall be geographically compact and 251 contiguous to the extent practicable; 252 (5) District boundaries must respect communities of 253 interest to the extent practicable; 254 (6) To the extent practicable, district lines must use 255 visible geographic features, municipal and county boundaries, 256 and undivided census tracts; and 257 (7) To the extent practicable, competitive districts should 258 be favored if doing so would not be significantly detrimental to 259 the other goals of this subsection. 260 (m) Party registration and voting history data must be 261 excluded from the initial phase of the mapping process but may 262 be used to test maps for compliance with the goals prescribed in 263 subsection (l). The places of residence of incumbents or 264 candidates may not be identified or considered. 265 (n) The independent redistricting commission shall 266 advertise a draft map of congressional districts and a draft map 267 of state legislative districts to the public for comment, which 268 comment shall be taken for a period of at least thirty days. 269 Either one or both houses of the legislature may act within the 270 comment period to make recommendations to the independent 271 redistricting commission by resolution or by minority report, 272 which must be considered by the independent redistricting 273 commission. Thereafter, the independent redistricting commission 274 shall then establish final district boundaries. 275 (o) This section is self-executing. The independent 276 redistricting commission shall certify the establishment of 277 congressional and legislative districts to the custodian of 278 state records upon final adoption. 279 (p) Upon approval of this amendment, the department of 280 management services or its successor agency shall make adequate 281 office space available for the independent redistricting 282 commission. The chief financial officer shall make $1,500,000 283 available for the work of the independent redistricting 284 commission pursuant to the most recent decennial census on an 285 annual basis. Half of the unused monies shall carry over and the 286 remainder shall be returned to the general revenue fund. In 287 years ending in seven or eight after the year 2019, the 288 department of management services or its successor agency shall 289 submit to the legislature a recommendation for an appropriation 290 for adequate redistricting expenses and shall make available 291 adequate office space for the operation of the independent 292 redistricting commission and those monies shall be included in 293 the budget for that respective year. 294 (q) The independent redistricting commission, with fiscal 295 oversight from the department of management services or its 296 successor agency, has procurement and contracting authority and 297 may hire staff and consultants to assist in carrying out this 298 section, including legal representation. 299 (r) The independent redistricting commission has standing 300 in legal actions challenging the adoption of any redistricting 301 plan and the adequacy of resources provided for the operation of 302 the independent redistricting commission. Resources less than 303 the amount given to the prior commission, minus the monies 304 returned by that commission, shall be inadequate, unless the 305 current commission explicitly forfeits certain resources by 306 notifying the department of management services or its successor 307 agency. The independent redistricting commission has sole 308 authority to determine whether the attorney general or counsel 309 hired or selected by the independent redistricting commission 310 shall represent the people of the state in the legal defense of 311 a redistricting plan. 312 (s) Members of the independent redistricting commission 313 shall serve without compensation, but are entitled to 314 reimbursement for per diem and travel expenses in accordance 315 with Florida law, and a commission member’s residence is deemed 316 to be the member’s post of duty for purposes of calculating 317 reimbursement of per diem and travel expenses. 318 (t) Employees of the department of management services or 319 its successor agency may not influence or attempt to influence 320 the district-mapping decisions of the independent redistricting 321 commission. 322 (u) Each commissioner’s duties established by this section 323 expire upon the appointment of the first member of the next 324 redistricting commission. The independent redistricting 325 commission may not meet or incur expenses after the 326 redistricting plan is completed, except if litigation or any 327 government approval of the plan is pending, or to revise 328 districts if required by court decisions or if the number of 329 congressional or state legislative districts is changed. 330 331 Section 13 of Article XII of the State Constitution is 332 repealed: 333 ARTICLE XII 334 SCHEDULE 335 SECTION 13. Legislative apportionment.—The requirements of336 legislative apportionment in Section 16 of Article III of this337 revision shall apply only to the apportionment of the338 legislature following the decennial census of 1970, and339 thereafter.