Florida Senate - 2015                                     SB 6-C
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00003-15C                                            20156C__
    1                        A bill to be entitled                      
    2         An act relating to violations of apportionment
    3         standards; providing that a member of the Legislature
    4         who offers, or participates in the creation of, an
    5         apportionment plan in violation of certain standards
    6         for establishing congressional or legislative district
    7         boundaries may be subject to penalties; specifying
    8         methods for an aggrieved party to file a complaint;
    9         specifying required contents of a complaint;
   10         prescribing procedures for complaints filed in either
   11         house of the Legislature or in circuit court,
   12         respectively; providing penalties; specifying actions
   13         that must be considered aggravating circumstances in
   14         determining whether the member acted in bad faith or
   15         with malice; providing a statute of repose; providing
   16         for nonapplicability; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Violations of apportionment standards;
   21  penalties.—
   22         (1) If a member of the Legislature offers, or participates
   23  in the creation of, an apportionment plan that violates the
   24  standards for establishing congressional or legislative district
   25  boundaries prescribed in ss. 20 and 21 of Article III of the
   26  State Constitution, respectively, he or she may be subject to
   27  the penalties set forth in this section.
   28         (2) In alleging a violation of s. 20 or s. 21 of Article
   29  III of the State Constitution, an aggrieved party may:
   30         (a) File a sworn complaint with the house of the
   31  Legislature of the member who is the subject of the complaint;
   32  or
   33         (b) File a complaint in the circuit court of the Second
   34  Judicial Circuit in and for Leon County.
   35  
   36  A filed complaint must specify the actions of the member of the
   37  Legislature which form the basis for the complaint and attach
   38  all documentation on which the complaint is based.
   39         (3) Any complaint filed pursuant to paragraph (2)(a) shall
   40  be referred to the appropriate committee for investigation and
   41  action in accordance with the rules of the respective house of
   42  the Legislature. If the committee finds that a violation has
   43  occurred, it shall report its findings to the President of the
   44  Senate or the Speaker of the House of Representatives, as
   45  appropriate, together with a recommended penalty, including a
   46  fine of up to $5,000. If the committee finds that the member
   47  acted in bad faith or with malice, the committee may recommend
   48  that the member also be censured, reprimanded, or expelled. Upon
   49  receipt of such report, the President of the Senate or the
   50  Speaker of the House of Representatives shall cause the
   51  committee report and recommendations to be brought before the
   52  respective house and a final determination shall be made by a
   53  majority of said house.
   54         (4) If the complaint is filed in circuit court, the circuit
   55  judge shall assess a fine of up to $5,000 if the judge
   56  determines that the member who is the subject of the complaint
   57  has offered, or participated in the creation of, an
   58  apportionment plan in violation of s. 20 or s. 21 of Article III
   59  of the State Constitution. If the circuit judge finds that the
   60  member acted in bad faith or with malice, that finding shall be
   61  an aggravating factor toward the assessment of a greater fine.
   62         (5) For purposes of this section, offering, or
   63  participating in the creation of, an apportionment plan that
   64  violates a standard specified in subsection (a) of s. 20 or
   65  subsection (a) of s. 21 of Article III of the State Constitution
   66  shall be considered an aggravating circumstance by the circuit
   67  judge or the appropriate legislative committee in determining
   68  whether the member acted in bad faith or with malice.
   69         (6) A complaint filed pursuant to this section must be
   70  filed within 1 year after the date that the apportionment plan
   71  is filed for consideration by the Legislature.
   72         (7) This section does not apply to a member of the
   73  Legislature who affirmatively voted for an offending
   74  apportionment plan but did not sponsor or participate in the
   75  creation of such plan.
   76         Section 2. This act shall take effect upon becoming a law.