State Reapportionment

Florida Senate
-
2026

SJR 728

By
Senator Jones

34-01042-26 2026728__
1 Senate Joint Resolution
2 A joint resolution proposing an amendment to Section
3 16 of Article III of the State Constitution to revise
4 reapportionment methods and revise upward the number
5 of Senate and House of Representatives districts.
6
7 Be It Resolved by the Legislature of the State of Florida:
8
9 That the following amendment to Section 16 of Article III
10 of the State Constitution is agreed to and shall be submitted to
11 the electors of this state for approval or rejection at the next
12 general election or at an earlier special election specifically
13 authorized by law for that purpose:
14 ARTICLE III
15 LEGISLATURE
16 SECTION 16. Legislative apportionment.—
17
(a)

INDEPENDENT REDISTRICTING COMMISSIONS.

The state shall

18
be apportioned by three independent redistricting commissions,

19
one each for the senatorial, representative, and congressional

20
reapportionment processes.

21
(1)a.

Each redistricting commission will establish a

22
screening panel composed of thirty-seven members. The president

23
of the senate, speaker of the house of representatives, minority

24
leader of the

senate, and minority leader of the house of

25
representatives shall each appoint nine members. The chief

26
justice of the supreme court shall appoint one member.

27
b.

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:

32
1.

Someone currently serving, or who has served, in an

33
office or a position that is filled by vote of the electors.

34
2.

Someone who, within the past fourteen years, has been a

35
party officer, a registered lobbyist, paid while working as part

36
of a campaign staff, or has worked for the executive office of

37
the governor.

38
3.

Someone who, within the past eighteen years, has worked

39
for the legislature.

40
4.

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 with, those mentioned in sub-subparagraphs 1.

43
through 3.

44
c.

After review, the screening panel will select for

45
further consideration fifteen applicants from each of the

46
following categories:

47
1.

Applicants who are registered members of the political

48
party that received the most votes in the last statewide

49
election.

50
2.

Applicants who are registered members of the political

51
party that received the second-most votes in the last statewide

52
election.

53
3.

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 house

60
of representatives, the minority leader of the

senate, and the

61
minority leader of the house of representatives may each strike

62
two applicants from each of the categories described in sub

63
subparagraphs (1)b.1. through 3.

64
b.

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

67
independent redistricting commission.

68
(3)

The initial group of commissioners shall begin their

69
terms in 2027. Each commissioner shall serve a ten-year term and

70
may not serve consecutive terms. A person who has served on a

71
commission may not run for an office for which the commission

72
established the districts during his or her term as a

73
commissioner or within ten years after the adoption of those

74
districts.

75
(4)

A member of the commission shall receive compensation

76
fixed at the legislative per diem rate during commission travel

77
and meetings and shall be allowed all reasonable and necessary

78
expenses incurred in the performance of his or her duties.

79
(5)a.

All meetings must take place in person and be

80
streamed on the Florida Channel.

81
b.

All records and documents of the commission, including

82
any individual or group performing delegated functions of the

83
commission or advising the commission, related to the

84
commission’s work shall be considered public records. This

85
includes internal communications of the commission and

86
communications made to the commission.

87
c.

Commissioners, staff of the commission, and any other

88
advisor or consultant to the commission may communicate with any

89
person outside the commission about matters related to

90
reapportionment
only
in a public meeting or hearing. This does

91
not apply to written public comments submitted to the

92
commission, staff of the commission, or any other advisor or

93
consultant to the commission.

94
(6)

If the commission hires legal counsel, the commission

95
as an entity shall be considered the client.

96
(7)

The commission shall establish and maintain a public

97
website or other equivalent electronic platform to share

98
information about the commission’s activities. Before voting on

99
any proposed plan, the commission shall publish the proposed

100
plan on the website. The website must:

101
a.

Be capable of receiving comments and proposals by

102
citizens of this state.

103
b.

Include a public submission portal for map drawing,

104
which must open on the website on the first day of January of a

105
year ending in one.

106
c.

Include all data used by the commission in the drawing

107
of districts. Such data, including census data, precinct maps,

108
election results, and shapefiles, must be posted on the website

109
within three days after receipt by the commission.

110
(b)

DISTRICT MAPS.

111
(1)

Each commission shall reapportion the state by creating

112
three district maps. Each map must be drawn according to Article

113
III, Sections 20 and 21.

114
(2)

The commission shall adopt three final district maps.

115
The maps must be approved by at least two-thirds of the

116
commissioners, including at least two commissioners registered

117
as independent or minor party affiliates.

118
(3)

Before adopting a final map, the commission shall hold

119
at least two public hearings in each state appellate district

120
and at least two public hearings in each county with a

121
population of one million or more to seek public input. All

122
meetings and hearings held by the commission must be adequately

123
advertised and planned to ensure the public is able to attend

124
and participate fully. Meetings and hearings must have

125
advertisements in, at minimum, the following languages: English,

126
Spanish, Haitian Creole, and Portuguese.

127
(c)
(a)
SENATORIAL AND REPRESENTATIVE DISTRICTS. The
128 legislature
at its regular session in the second year following

129
each decennial census
, by joint resolution
approved by a

130
majority vote of each chamber
, shall
adopt one of the maps

131
created by the commission to
apportion the state in accordance
132 with the constitution of the state and of the United States into
133 not less than thirty nor more than
sixty

forty
consecutively
134 numbered senatorial districts of either contiguous, overlapping
135 or identical territory, and into not less than eighty nor more
136 than one hundred
eighty

twenty
consecutively numbered
137 representative districts of either contiguous, overlapping or
138 identical territory.
A map from the commission may be amended by

139
the legislature, but only if the amendment is approved by a

140
three-fourths vote of each chamber. The legislature shall adopt

141
a final map by the earlier of the first day of July of a year

142
ending in one or sixty days after receipt of census data. The

143
legislature shall be barred from all other involvement. The

144
legislature may authorize an extension until the fifteenth day

145
of December in the event of an extraordinary circumstance. As

146
used in this subsection, an “extraordinary circumstance” means

147
an invasion of the state by a hostile foreign power and

148
recognized as such by an act of the United States Congress, a

149
pandemic declared as such by the President of the United States,

150
or a natural disaster declared as such by the President of the

151
United States

Should that session adjourn without adopting such

152
joint resolution, the governor by proclamation shall reconvene

153
the legislature within thirty days in special apportionment

154
session which shall not exceed thirty consecutive days, during

155
which no other business shall be transacted, and it shall be the

156
mandatory duty of the legislature to adopt a joint resolution of

157
apportionment
.
158
(d)
(b)
FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL
MAP

159
SELECTION

REAPPORTIONMENT
. In the event
a special apportionment

160
session of
the legislature
fails to adopt

finally adjourns

161
without adopting
a joint resolution of apportionment,
the

162
supreme court shall select the most compact map out of the three

163
submitted, without amendment. The supreme court may hire up to

164
two special masters for assistance

the attorney general shall,

165
within five days, petition the supreme court of the state to

166
make such apportionment. No later than the sixtieth day after

167
the filing of such petition, the supreme court shall file with

168
the custodian of state records an order

making such

169
apportionment
.
170
(e)
(c)

LEGAL CHALLENGES TO

JUDICIAL REVIEW OF

171 APPORTIONMENT.
Within fifteen days after the passage of the

172
joint resolution of apportionment, the attorney general shall

173
petition
The supreme court of the state
shall have original and

174
exclusive jurisdiction over any case

for a declaratory judgment

175 determining the validity of the apportionment. The supreme
176 court, in accordance with its rules, shall permit adversary
177 interests to present their views and, within thirty days
after

178
from
the filing of the petition, shall enter its judgment.
A

179
justice who has a close relationship with a member of the United

180
States Congress or of the legislature has a conflict of interest

181
in the case and may not participate in any hearing or decision

182
related to a case brought under this subsection. As used in this

183
subsection, “close relationship” means a parent, spouse, child,

184
sibling, parent-in-law, child-in-law, or sibling-in-law of, or a

185
cohabitating member of a household with, a member of the United

186
States Congress or of the legislature.

187
(f)
(d)
EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY
188 APPORTIONMENT SESSION. A judgment of the supreme court of the
189 state determining the apportionment to be valid shall be binding
190 upon all the citizens of the state. Should the supreme court
191 determine that the apportionment made by the legislature is
192 invalid, the governor by proclamation shall reconvene the
193
independent redistricting commissions to determine and propose a

194
reapportionment plan to remedy the unlawful or unconstitutional

195
district in a manner that minimally interferes with other

196
districts

legislature within five days thereafter in

197
extraordinary apportionment session which shall not exceed

198
fifteen days, during which the legislature shall adopt a joint

199
resolution of apportionment conforming to the judgment of the

200
supreme court
.
201
(e)

EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF

202
APPORTIONMENT.

Within fifteen days after the adjournment of an

203
extraordinary apportionment session, the attorney general shall

204
file a petition in the supreme court of the state setting forth

205
the apportionment resolution adopted by the legislature, or if

206
none has been adopted reporting that fact to the court.

207
Consideration of the validity of a joint resolution of

208
apportionment shall be had as provided for in cases of such

209
joint resolution adopted at a regular or special apportionment

210
session.

211
(f)

JUDICIAL REAPPORTIONMENT.

Should an extraordinary

212
apportionment session fail to adopt a resolution of

213
apportionment or should the supreme court determine that the

214
apportionment made is invalid, the court shall, not later than

215
sixty days after receiving the petition of the attorney general,

216
file with the custodian of state records an order making such

217
apportionment.

218 BE IT FURTHER RESOLVED that the following statement be
219 placed on the ballot:
220 CONSTITUTIONAL AMENDMENT
221 ARTICLE III, SECTION 16
222 STATE REAPPORTIONMENT.—Proposing an amendment to the State
223 Constitution to revise reapportionment methods by creating three
224 independent redistricting commissions, for the Senate, House of
225 Representatives, and congressional reapportionment processes,
226 respectively, require the Legislature to approve a map created
227 by such commission, revise upward the number of Senate
228 districts, from 40 to 60, and House districts, from 120 to 180,
229 and establish procedures for when the Legislature fails to
230 select a district map.
231 BE IT FURTHER RESOLVED that the following statement be
232 placed on the ballot if a court declares the preceding statement
233 defective and the decision of the court is not reversed:
234 CONSTITUTIONAL AMENDMENT
235 ARTICLE III, SECTION 16
236 STATE REAPPORTIONMENT.—Proposing an amendment to the State
237 Constitution to revise the reapportionment process by creating
238 three independent redistricting commissions: one for the Senate,
239 one for the House of Representatives, and one for congressional
240 districts; establishing a screening panel and procedure to
241 review commission applicants; providing that commissioners will
242 be compensated at the legislative per diem rate; providing
243 commission meeting requirements and responsibilities; providing
244 that if a commission hires an attorney, the commission shall be
245 considered the client; requiring at least 15 public hearings be
246 held across the state; requiring each commission to draw
247 district maps based solely on constitutional provisions;
248 requiring that three final maps be approved by at least a two
249 thirds supermajority, including votes from at least two
250 independent or minor party affiliates; requiring the Legislature
251 to select one map from the three submitted, by a majority vote,
252 not subject to a gubernatorial veto; providing that the Supreme
253 Court shall have original and exclusive jurisdiction over any
254 litigation related to a district map; increasing the number of
255 Senate districts from 40 to 60 and House of Representatives
256 districts from 120 to 180; providing requirements for the
257 adoption of the final maps; providing that if the Legislature
258 fails to adopt a joint resolution, the Supreme Court shall
259 select the most compact map from the three submitted, but may
260 not amend any map; and providing that if the Supreme Court finds
261 the Legislature’s adopted map invalid, the Governor shall
262 reconvene the commissions to create a lawful replacement.