110.171 Severability; Senate districts.—If any provision of this joint resolution or the application thereof to any person or circumstance is held invalid, or if any senatorial district established in this joint resolution is held invalid, the invalidity does not affect other provisions or applications of this joint resolution, or any other districts established in this joint resolution, which can be given effect without the invalid provision or application, and to this end the provisions of this joint resolution are severable.
History.—s. 2, CS for SJR 2-B, 2012 Special Session B.
A. On March 9, 2012, reapportionment of senatorial districts by Committee Substitute for Senate Joint Resolution 1176, 2012 Regular Session, was invalidated by the Florida Supreme Court in In re: Senate Joint Resolution of Legislative Apportionment 1176, 83 So. 3d 597 (Fla. 2012). Section 1, Committee Substitute for Senate Joint Resolution 2-B, 2015 Special Session B, readopted and amended s. 3, Committee Substitute for Senate Joint Resolution 1176, to address the invalidity issue. The Supreme Court approved the 2012 reapportionment plan based on a facial review conducted on a limited record in In re: Senate Joint Resolution of Legislative Apportionment 2-B, 89 So. 3d 872 (Fla. 2012).
B. In response to the Supreme Court’s holding in The League of Women Voters of Florida v. Detzner, 172 So. 3d 363 (Fla. 2015), invalidating the Legislature’s congressional map, the Legislature consented to entry of judgment invalidating the 2012 Senate reapportionment plan, Case No. 2012-CA-2842 (2d Cir. Fla.). A special session to adopt a remedial plan ended without a plan enactment, and the circuit court chose one of the plaintiff’s plans in The League of Women Voters of Florida v. Detzner, Case No. 2012-CA-2842 (2d Cir. Fla.) on December 30, 2015.
