RE: INDEPENDENT NONPARTISAN COMMISSION TO APPORTION LEGISLATIVE AND CONGRESSIONAL DISTRICTS WHICH REPLACES APPORTIONMENT BY LEGISLATURE.

Supreme Court of Florida

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Nos. SC05-1754 & SC05-1895

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ADVISORY OPINION TO THE ATTORNEY GENERAL

RE: INDEPENDENT NONPARTISAN COMMISSION TO APPORTION LEGISLATIVE AND CONGRESSIONAL DISTRICTS WHICH REPLACES APPORTIONMENT BY LEGISLATURE.

[March 23, 2006]

PER CURIAM.

The Attorney General has requested this Court to review a proposed amendment to the Florida Constitution. We have jurisdiction. See art. IV, § 10, art. V, § 3(b)(10), Fla. Const. For the reasons explained below, we conclude that the proposed amendment does not meet the requirements of article XI, section 3 of the Florida Constitution[1] and section 101.161 of the Florida Statutes[2] and should not be included on the ballot for the 2006 general election.

FACTS AND PROCEDURAL HISTORY

A political committee called Committee for Fair Elections sponsored three initiative petitions to amend the Florida Constitution pursuant to the initiative petition process contained in article XI, section 3 of the Constitution. One of the petitions, entitled â€