89 So. 3d 872
Fla.2012Background
- Florida Supreme Court reviews the Legislature’s revised Senate apportionment plan in SJR 2-B after invalidating the prior plan in 2012,
- Court mandated redrawing eight invalid districts, Lakeland boundary consideration, and incumbent-neutral renumbering,
- Legislature reconvened in 2012 and adopted SJR 2-B; Attorney General petitioned for validity review,
- The Court conducts facial constitutional review under article III, sections 16 and 21, with challengers allowed to submit alternative plans,
- The central question is whether the revised plan complies with the Fair Districts Amendment standards and minority voting protections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the revised Senate plan constitutionally valid under the Florida Constitution? | Opponents contend the plan violates tier-one and tier-two standards. | Legislature/redrawn plan adheres to standards and fixes prior deficiencies. | Yes, the revised plan is constitutionally valid. |
| Do res judicata or fairness principles bar new challenges to unchanged districts? | Challengers may raise new grounds challenging unchanged districts. | Res judicata applies; only issues arising from corrected plan may be addressed. | Res judicata does not bar review here; however, challenges that could have been raised earlier are not entertained. |
| Should District 8 (Daytona Beach area) be invalidated for non-compactness and community-dilution concerns? | District 8 splits Daytona Beach and dilutes black voting power, indicating intent. | On record, District 8 is not facially invalid; population-equality justified changes. | No facial invalidity found by majority; dissent would find invalid. |
| Are time, process, and the intent standard workable for Florida’s redistricting framework? | The thirty-day limit and process hinder meaningful analysis of intent. | Constitutional framework must operate within the time limits. | Concurring opinion criticizes time/process constraints and suggests reform; majority holds plan valid. |
Key Cases Cited
- In re Apportionment Law — March 2012, 83 So.3d 597 (Fla.2012) (central articulation of Fair Districts standards and scope of review)
- Juliano, 801 So.2d 101 (Fla.2001) (res judicata concepts in administrative posture)
- In re Senate Joint Resolution 2G, Special Apportionment Session 1992, 597 So.2d 276 (Fla.1992) (authority on legislature vs. judicial role in apportionment)
- In re Apportionment Law — March 2012 (1982), 414 So.2d 1040 (Fla.1982) (framework for facial review of apportionment plans)
