In re Senate Joint Resolution of Legislative Apportionment 2-B

89 So. 3d 872, 37 Fla. L. Weekly Supp. 319, 2012 WL 1476065, 2012 Fla. LEXIS 834
CourtSupreme Court of Florida
DecidedApril 27, 2012
DocketNo. SC12-460
StatusPublished
Cited by11 cases

This text of 89 So. 3d 872 (In re Senate Joint Resolution of Legislative Apportionment 2-B) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Senate Joint Resolution of Legislative Apportionment 2-B, 89 So. 3d 872, 37 Fla. L. Weekly Supp. 319, 2012 WL 1476065, 2012 Fla. LEXIS 834 (Fla. 2012).

Opinions

PER CURIAM.

In this second phase of Florida’s decennial legislative apportionment process, the Court’s constitutional obligation is to determine the validity of the apportionment plan set forth in Senate Joint Resolution 2-B (SJR 2-B). In that joint resolution, the Legislature adopted a revised plan apportioning Florida’s Senate districts after this Court declared the original Senate [877]*877apportionment plan to be constitutionally invalid. See In re Senate Joint Resolution of Legislative Apportionment 1176 (In re Apportionment Law — March 2012), 83 So.3d 597 (Fla.2012).

The declaratory judgment this Court entered on March 9, 2012, expressly declared invalid the Senate’s numbering scheme and eight Senate districts, Districts 1, 3, 6, 9, 10, 29, 30, and 34. Id. at 683. It also charged the Legislature with considering the feasibility of using the City of Lake-land’s municipal boundaries to keep that city wholly intact. Id. at 686. The Court then directed the Legislature to adopt a new joint resolution “conforming to the judgment of the supreme court” as set forth in article III, section 16(d), of the Florida Constitution. Id.

In accordance with the Court’s declaratory judgment, the Legislature reconvened by special session, the end result of which was the Legislature’s March 27, 2012, adoption of SJR 2-B. The Attorney General thereafter petitioned the Court to determine the validity of the revised Senate apportionment plan set forth in SJR 2-B. As in the original proceeding initially before this Court in In re Apportionment Law — March 2012, the Court is once again tasked with the mandatory obligation entrusted to us by article III, section 16(c), of the Florida Constitution to render a declaratory judgment determining the validity of the Legislature’s revised Senate plan.1

In reaching its decision, the Court has carefully considered the submissions of both those supporting and those opposing the plan.2 The Court has also considered the alternative plans that both the Florida Democratic Party (FDP) and the Coalition have submitted in support of their arguments. Finally, the Court has held oral argument. For the reasons set forth in this opinion, we declare the redrawn plan apportioning the districts for the Florida Senate to be constitutionally valid under the Florida Constitution.

I. BACKGROUND

The Legislature originally passed Senate Joint Resolution 1176 (SJR 1176), ap[878]*878portioning this state into 120 House districts and 40 Senate districts on February 9, 2012. The next day, the Attorney General filed a petition in this Court for a declaratory judgment to determine the validity of the legislative apportionment plans contained within SJR 1176. Following the Attorney General’s filing, this Court “permitted] adversary interests to present their views,” as required by article III, section 16(c), of the Florida Constitution. The Court also permitted opponents of the legislative apportionment plans to submit alternative plans.3

In reviewing the validity of the apportionment plan, this Court first examined the historical evolution of article III of the Florida Constitution, noting that prior to 2010, the Court’s review was limited to determining whether the Legislature’s apportionment plans

complied with (1) the general provisions of the United States Constitution, which set forth the one-person, one-vote standard under the Equal Protection Clause, and (2) the specific provisions of the state constitution, article III, section 16(a), requiring districts to be “consecutively numbered” and to consist of “contiguous, overlapping or identical territory.”

In re Apportionment Law — March 2012, 83 So.3d at 598. A review of the Court’s precedent revealed that prior to 2010, Florida’s constitutional requirements were “not more stringent than the requirements under the United States Constitution.” Id. at 602 (quoting In re Constitutionality of House Joint Resolution 1987 (In re Apportionment Law — 2002), 817 So.2d 819, 824 (Fla.2002)).

After the voters approved Amendment 5 (Fair Districts Amendment) for inclusion in the Florida Constitution on November 2, 2010, the standards governing legislative apportionment “greatly expanded],” restraining “legislative discretion in drawing apportionment plans.” Id. at 599. The “overall goal” of this amendment was “[t]o require the Legislature to redistrict in a manner that prohibits favoritism or discrimination, while respecting geographic considerations” as well as “to require legislative districts to follow existing community lines so that districts are logically drawn, and bizarrely shaped districts ... are avoided.” Id. (quoting Advisory Op. to Att’y Gen. re Standards for Establishing Legislative Dist. Boundaries, 2 So.3d 175, 181, 187-88 (Fla.2009) (plurality opinion)). The Fair Districts Amendment — now codified in the Florida Constitution as article III, section 21 — imposed upon the Legislature “more stringent requirements as to apportionment than the United States Constitution and prior versions of the state constitution.” Id.

This Court succinctly summarized the new standards guiding the apportionment process of this state in the following manner:

The new standards enumerated in article III, section 21, are set forth in two tiers, each of which contains three requirements. The first tier, contained in section 21(a), lists the following requirements: (1) no apportionment plan or district shall be drawn with the intent to favor or disfavor a political party or an incumbent; (2) 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 (3) districts shall consist of contiguous territory. [879]*879The second tier, located in section 21(b), lists three additional requirements, the compliance with which is subordinate to those listed in the first tier of section 21 and to federal law in the event of a conflict: (1) districts shall be as nearly equal in population as is practicable; (2) districts shall be compact; and (3) where feasible, districts shall utilize existing political and geographical boundaries. See art. Ill, § 21(b), Fla. Const. The order in which the constitution lists the standards in tiers one and two is “not [to] be read to establish any priority of one standard over the other -within that [tier].” Art. Ill, § 21(c), Fla. Const.

Id. The Court then defined these new standards and the manner in which they interact. See id. at 614-41.

After extensively reviewing the various objections raised by opponents to the original House and Senate apportionment plans with these standards at the fore, the Court held “the challengers [had] demonstrated that the Senate plan, but not the House plan, violatefd] the constitutional requirements.” Id. at 684. The Court therefore entered a judgment declaring “the Senate plan constitutionally invalid and the House plan constitutionally valid.” Id. We agreed with the House that “[t]he language of Senate Joint Resolution 1176 established] that the Legislature intended the Senate and House plans to be severa-ble from each other in the event either plan was held invalid.” Id.

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Bluebook (online)
89 So. 3d 872, 37 Fla. L. Weekly Supp. 319, 2012 WL 1476065, 2012 Fla. LEXIS 834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-senate-joint-resolution-of-legislative-apportionment-2-b-fla-2012.