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    HJR 23D  2026D
1House Joint Resolution
2A joint resolution proposing an amendment to Section
316 of Article III of the State Constitution to revise
4reapportionment methods and revise upward the number
5of Senate and House districts.
6
7    Be It Resolved by the Legislature of the State of Florida:
8
9That the following amendment to Section 16 of Article III
10of the State Constitution is agreed to and shall be submitted to
11the electors of this state for approval or rejection at the next
12general election or at an earlier special election specifically
13authorized by law for that purpose:
14ARTICLE III
15LEGISLATURE
16SECTION 16.  Legislative apportionment.—
17(a)     INDEPENDENT REDISTRICTING COMMISSIONS.  The state
18shall be apportioned by three independent redistricting
19commissions, one each for the senatorial, representative, and
20congressional reapportionment process.
21(1)a.       Each redistricting commission will establish a
22screening panel consisting of 37 members. The president of the
23senate, speaker of the house of representatives, minority leader
24of the house of representatives, and minority leader of the
25senate shall each appoint nine members. The chief justice of the
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26    supreme court shall appoint one member.
27b.      To apply for the commissioner position, each applicant
28    must have voted in two out of the last three presidential
29    elections and two out of the last three gubernatorial elections.
30    The following persons may not apply for a commissioner position
31    or serve as commissioner:
321.      Someone currently serving, or who has served, in an
33    office or position which is filled by vote of the electors.
342.      Someone who, within the past 14 years, has been a party
35    officer, a registered lobbyist, paid while working as part of a
36    campaign staff, or has worked for the executive office of the
37    governor.
383.      Someone who, within the past 18 years, has worked for
39    the Florida Legislature.
404.      Any parent, spouse, child, sibling, parent-in-law,
41    child-in-law, or sibling-in-law of, or a cohabitating member of
42    a household, of those mentioned in sub-subparagraphs 1. through
43    3.
44c.      After review, the screening panel will select for
45    further consideration 15 applicants from each of the following
46    categories:
471.      Applicants who are registered members of the political
48    party that received the most votes in the last statewide
49    election.
502.      Applicants who are registered members of the political
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51    party that received the second-most votes in the last statewide
52    election.
533.      Applicants who are registered as independent or minor
54    party affiliates.
55
56    The screening panel shall ensure the selected applicants are, as
57    a whole, representative of the racial, ethnic, geographic, and
58    gender diversity of the state.
59(2)a.       The president of the senate, the speaker of the
60    house of representatives, the minority leader of the house of
61    representatives, and the minority leader of the senate may each
62    strike two applicants from each of the categories described in
63    sub-subparagraphs (1)b.1. through 3.
64b.      The screening panel shall then randomly draw five
65    applicants from each of the categories described in sub-
66    subparagraphs (1)b.1 through 3. to create each final independent
67    redistricting commission.
68(3)     The initial group of commissioners shall start their
69    terms in 2027. Each commissioner shall serve a 10-year term and
70    may not serve consecutive terms. A person running for office may
71    not have served on the commission that drew the district for
72    that office during their term or within 10 years after the
73    promulgation of those maps.
74(4)     A member of the commission shall receive compensation
75    fixed at the legislative per diem rate during commission travel
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76     and meetings and shall be allowed all reasonable and necessary
77     expenses incurred in the performance of their duties.
78(5)a.       All meetings shall take place in person and be
79     streamed on the Florida channel.
80b.      All records and documents of the commission, including
81     any individual or group performing delegated functions of the
82     commission or advising the commission, related to the
83     commission's work shall be considered public record. This
84     includes internal communications of the commission and
85     communications made to the commission.
86c.      Commissioners, staff of the commission, and any other
87     advisor or consultant to the commission may only communicate
88     with any person outside the commission about matters related to
89     reapportionment in a public meeting or hearing. This does not
90     include written public comments submitted to the commission,
91     staff of the commission, or any other advisor or consultant to
92     the commission.
93(6)      If the commission hires legal counsel the commission
94     as an entity shall be considered the client.
95(7)      The commission shall establish and maintain a public
96     website or other equivalent electronic platform to share
97     information about the commission's activities. Prior to voting
98     on any proposed plan, the commission must publish the proposed
99     plan to the website. The website must:
100a.      Be capable of receiving comments and proposals by
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101    citizens of the state.
102b.      Include a public submission portal, for map drawing,
103    which shall open on the website on January 1st of the year
104    ending in one.
105c.      Include all data used by the commission in the drawing
106    of districts. Such data, including census data, precinct maps,
107    election results, and shapefiles, shall be posted to the website
108    within three days of receipt by the commission.
109(b)      DISTRICT MAPS.
110(1)      Each commission shall reapportion the state by
111    creating three district maps. Each map shall be drawn according
112    to Sections 20 and 21 of Article III.
113(2)     The commission shall adopt three final district maps.
114    The maps must be approved by at least two-thirds of the
115    commissioners, including at least 2 commissioners registered as
116    independent or minor party affiliates.
117(3)      Before adopting a final map, the commission must hold
118    at least 2 public hearings in each state appellate district and
119    at least 2 public hearings in each county with a population of 1
120    million or more to seek public input. All meetings and hearings
121    held by the commission shall be adequately advertised and
122    planned to ensure the public is able to attend and participate
123    fully. Meetings and hearings must have advertisements in, at
124    minimum, the following languages: English, Spanish, Haitian
125    Creole, and Portuguese.
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126(c)(a)       SENATORIAL AND REPRESENTATIVE DISTRICTS.  The
127    legislature at its regular session in the second year following
128    each decennial census, by joint resolution approved by a
129    majority vote of each chamber, shall adopt one of the maps
130    created by the commission to apportion the state in accordance
131    with the constitution of the state and of the United States into
132    not less than thirty nor more than sixty forty consecutively
133    numbered senatorial districts of either contiguous, overlapping
134    or identical territory, and into not less than eighty nor more
135    than one hundred eighty twenty consecutively numbered
136    representative districts of either contiguous, overlapping or
137    identical territory. A map from the commission may be amended by
138    the legislature, but only if the amendment is approved by a
139    three-quarters vote of each chamber. The legislature must adopt
140    a final map by the earlier of July 1st of a year ending in one
141    or 60 days after receipt of census data. The legislature shall
142    be barred from all other involvement. The legislature may
143    authorize an extension until December 15th in the event of an
144    extraordinary circumstance. As used in this subsection, an
145    "extraordinary circumstance" means an invasion of the state by a
146    hostile foreign power and recognized as such by an act of
147    Congress, a pandemic declared as such by the President of the
148    United States, or a natural disaster declared as such by the
149    President of the United States Should that session adjourn
150    without adopting such joint resolution, the governor by
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151    proclamation shall reconvene the legislature within thirty days
152    in special apportionment session which shall not exceed thirty
153    consecutive days, during which no other business shall be
154    transacted, and it shall be the mandatory duty of the
155    legislature to adopt a joint resolution of apportionment.
156(d)(b)       FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL MAP
157    SELECTION REAPPORTIONMENT.  In the event a special apportionment
158    session of the legislature fails to adopt finally adjourns
159    without adopting a joint resolution of apportionment, the
160    supreme court shall select the most compact map out of the three
161    submitted without amendment. The supreme court may hire up to
162    two special masters for assistance the attorney general shall,
163    within five days, petition the supreme court of the state to
164    make such apportionment. No later than the sixtieth day after
165    the filing of such petition, the supreme court shall file with
166    the custodian of state records an order making such
167    apportionment.
168(e)(c)       LEGAL CHALLENGES TO JUDICIAL REVIEW OF
169    APPORTIONMENT.  Within fifteen days after the passage of the
170    joint resolution of apportionment, the attorney general shall
171    petition The supreme court of the state shall have original and
172    exclusive jurisdiction of any case for a declaratory judgment
173    determining the validity of the apportionment. The supreme
174    court, in accordance with its rules, shall permit adversary
175    interests to present their views and, within thirty days from
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176    the filing of the petition, shall enter its judgment. A justice
177    who has a close relationship with a member of the United States
178    Congress or of the legislature has a conflict of interest in the
179    case and may not participate in any hearing or decision related
180    to a case brought under this paragraph. As used in this
181    paragraph, "close relationship means" a parent, spouse, child,
182    sibling, parent-in-law, child-in-law, or sibling-in-law of, or a
183    cohabitating member of a household with a member of the United
184    States Congress or of the legislature.
185(f)(d)       EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY
186    APPORTIONMENT SESSION.  A judgment of the supreme court of the
187    state determining the apportionment to be valid shall be binding
188    upon all the citizens of the state. Should the supreme court
189    determine that the apportionment made by the legislature is
190    invalid, the governor by proclamation shall reconvene the
191    independent redistricting commissions to determine and propose a
192    reapportionment plan to remedy the unlawful or unconstitutional
193    district in a manner that minimally interferes with other
194    districts legislature within five days thereafter in
195    extraordinary apportionment session which shall not exceed
196    fifteen days, during which the legislature shall adopt a joint
197    resolution of apportionment conforming to the judgment of the
198    supreme court.
199(e)     EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF
200    APPORTIONMENT.  Within fifteen days after the adjournment of an
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201    extraordinary apportionment session, the attorney general shall
202    file a petition in the supreme court of the state setting forth
203    the apportionment resolution adopted by the legislature, or if
204    none has been adopted reporting that fact to the court.
205    Consideration of the validity of a joint resolution of
206    apportionment shall be had as provided for in cases of such
207    joint resolution adopted at a regular or special apportionment
208    session.
209(f)     JUDICIAL REAPPORTIONMENT.  Should an extraordinary
210    apportionment session fail to adopt a resolution of
211    apportionment or should the supreme court determine that the
212    apportionment made is invalid, the court shall, not later than
213    sixty days after receiving the petition of the attorney general,
214    file with the custodian of state records an order making such
215    apportionment.
216
217BE IT FURTHER RESOLVED that the following statement be
218    placed on the ballot:
219CONSTITUTIONAL AMENDMENT
220ARTICLE III, SECTION 16
221STATE REAPPORTIONMENT.—Proposing an amendment to the State
222    Constitution to revise reapportionment methods by creating three
223    independent redistricting commissions, for the House of
224    Representatives, Senate, and congressional reapportionment
225    process, respectively, require the legislature to approve a map
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226    created by such commission, revise upward the number of Senate
227    districts, from 40 to 60, and House districts, from 120 to 180,
228    and establish procedures for when the legislature fails to
229    select a district map.
230BE IT FURTHER RESOLVED that the following statement be
231    placed on the ballot if a court declares the preceding statement
232    defective and the decision of the court is not reversed:
233CONSTITUTIONAL AMENDMENT
234ARTICLE III, SECTION 16
235STATE REAPPORTIONMENT.—Proposing an amendment to the State
236    Constitution to revise the reapportionment process by creating
237    three independent redistricting commissions: one for the House
238    of Representatives, one for the Senate, and one for
239    congressional districts; establish a screening panel and
240    procedure to review commission applicants; providing that
241    commissioners will be compensated at the legislative per diem
242    rate; providing commission meeting requirements and
243    responsibilities; providing that if a commission hires an
244    attorney, the commission shall be considered the client;
245    requiring at least 15 public hearings be held across the state;
246    requiring each commission to draw district maps based solely on
247    constitutional provisions; requiring that three final maps be
248    approved by at least a two-thirds supermajority, including votes
249    from at least two independent or minor party affiliates;
250    requiring the Legislature to select one map from the three
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251    submitted, by a majority vote, not subject to a gubernatorial
252    veto; providing that the Supreme Court shall have original and
253    exclusive jurisdiction over any litigation related to a district
254    map; increasing the number of Senate districts from 40 to 60 and
255    House of Representative districts from 120 to 180; providing
256    requirements for the adoption of the final maps; providing that
257    if the Legislature fails to adopt a joint resolution, the
258    Supreme Court shall select the most compact map from the three
259    submitted, but may not amend any map; providing that if the
260    Supreme Court finds the Legislature's adopted map invalid, the
261    Governor shall reconvene the commissions to create a lawful
262    replacement.
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