In re Senate Joint Resolution of Legislative Apportionment 1176

In 2010, Florida voters approved the Fair District Amendment, an amendment to the Florida Constitution with new standards for the apportionment of legislative districts. After the Florida legislature designed the state house and senate districts, the Florida Supreme Court reviewed the plan, including hearing any challenges to the plan, for compliance with the Florida Constitution, through a declaratory-judgment proceeding. The Florida amendment created two tiers to govern the apportionment of state legislative districts in Florida. The first-tier requirements were (1) no apportionment plan or district may be drawn with the intent to favor or disfavor a political party or incumbent, (2) districts may not be drawn with the intent or result of denying or abridging the ability of a racial or language minority to participate in the political process or to diminish any minority’s ability to elect representatives of their choice, and (3) districts must consist of contiguous territory. The second, subordinate tier of considerations is that districts must (1) be as close to equal in population as is practicable, (2) be compact, and (3) use existing political and geographical boundaries when feasible. In 2012, the Florida legislature passed a redistricting plan with 120 house districts and 40 senate districts. The Supreme Court of Florida performed its constitutionally required review of the plan pursuant to a declaratory judgment proceeding.