The Senates first and only attempt to fix its redistricting map may come down to how balls were randomly drawn from a pair of cages on Wednesday.
The balls, drawn bingo-style, were used to determine which Senate seats would be up for two-year or four-year terms this fall.
The decision to use a game of chance resulted from the states top court's ruling that the Senate had failed to follow the intent of the voter-approved Fair District Amendments that ban intentionally favoring incumbents and political parties.
No incumbent senator faced another sitting senator in the invalidated map. A revised map sponsored by Senate Reapportionment Committee Chairman Don Gaetz, R-Niceville, creates the prospect for two races between incumbents.
Florida Supreme Court rulings are not to be trifled with, said Sen. Joe Negron, R-Stuart.
Senate Majority Leader Andy Gardiner, R-Orlando, and Senate Minority Leader Nan Rich, D-Sunrise, agreed to conduct the drawing in front of the Reapportionment Committee, rather than have the process be conducted on the Senate floor.
Several senators maintained the integrity of the Senate chamber could be made into a carnival by holding the drawing on the floor. Others questioned if drawing lots should be considered illegal gambling.
Sen. Ronda Storms, R-Brandon, sought to halt the drawing shortly after it began by calling for an attorney generals office opinion to determine if the process would be considered illegal under Florida statutes.
Whoever plays or engages in any game of cards, Kino, roulette, Faro or other game of chance, by any device whatever, for money or other thing of value shall be guilty of a misdemeanor of the second degree, Storms said.
Storms claimed that the difference in pay between a two-year or four-year term is playing for a monetary value.
Committee Chairman Don Gaetz, R-Niceville, said the state attorneys office ruled drawing balls for the district numbers isnt gambling.
This isn't a lottery," he told reporters during a break in the meeting. "This is the minority leader and the majority leader advising me as to what they believe ought to be put in the amendment that describes the assignment of senatorial district numbers. And theyre choosing a random method to put into my amendment."
In addition to ruling March 9 that eight of the 40 new Senate districts were unconstitutional, the court found the district renumbering plan initially devised by the Senate could allow some currently sitting members to exceed constitutional term-limit requirements.
Legislators are limited to no more than eight consecutive years in their current office, with some exceptions to extend that to 10.
Sen. John Thrasher, R-Jacksonville, said that by failing to fix all areas the court criticized, we risk having the entire map thrown out.
If the court rejects the Senates revisions, the courts staff would take charge of redrawing the lines to meet the Fair Districts requirements.
Following the once-a-decade redistricting, all Senate seats are up for election.
While senators are elected to four-year terms, half of the Senate seats -- those with even numbered districts -- face two-year terms in the year after redistricting and the other half those in odd numbered districts -- are up for two-year terms in the election cycle prior to the next scheduled redistricting process.
If the Senate approves the new map Thursday, senators will know whether their current seats have a two-year or a four-year term.
Reach Jim Turner at jturner@sunshinestatenews.com or at (772) 215-9889.
