SC12-1 – In Re: Senate Joint Resolution Of Legislative Apportionment 1176

State: Florida

Docket No: SC12-1

Case Date: 03/09/2012

Preview:Supreme Court of Florida
____________ No. SC12-1 ____________

IN RE: SENATE JOINT RESOLUTION OF LEGISLATIVE APPORTIONMENT 1176. [March 9, 2012] PARIENTE, J. With the goal of reforming this state`s legislative apportionment process, in 2010, the Florida voters approved an amendment to the Florida Constitution establishing stringent new standards for the once-in-a-decade apportionment of legislative districts. These express new standards imposed by the voters clearly act as a restraint on the Legislature in drawing apportionment plans. After the Legislature draws the apportionment plans, this Court is required by the Florida Constitution to review those plans to ensure their compliance with the constitution. In this review, we are obligated to interpret and apply these standards in a manner that gives full effect to the will of the voters. In order to do so, our review necessarily becomes more extensive than in decades past. For the reasons set forth in this opinion, we declare the plan apportioning

districts for the Florida House of Representatives to be constitutionally valid under the Florida Constitution. We declare the plan apportioning the districts for the Florida Senate to be constitutionally invalid under the Florida Constitution. The Legislature is now tasked by the Florida Constitution with adopting a new joint resolution of apportionment conforming to the judgment of the supreme court as set forth in article III, section 16(d). I. INTRODUCTION The once-in-a-decade process of redistricting follows the United States Census Bureau`s release of new census data. Article III, section 16, of the Florida Constitution expressly entrusts the Legislature with the obligation to redraw this state`s legislative districts and expressly entrusts this Court with the mandatory obligation to review the Legislature`s decennial apportionment plans. The Florida House of Representatives and the Florida Senate must adopt a joint resolution apportioning the legislative districts in accordance with federal and state constitutional requirements. Id. After the Legislature adopts a joint resolution of apportionment, the Florida Constitution requires the Attorney General to petition this Court for a declaratory judgment to determine the validity of the Legislature `s apportionment plans as enacted. Art. III,

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