HomeMy WebLinkAboutMemo-Mayor SuarezFRANCIS SUAREZ
MAYOR
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Office of the Mayor
Miami, Florida
Veto and Veto Message
TO: Honorable Members of the Miami City Commission
Miami, F
FROM: Mayor Francis X. Suarez
Miami, Florida
Date: December 24, 2023
3500 PAN AMERICAN DRIVE
MIAMI. FLORIDA 33133
(305) 250-5300
FAX (305) 854-4001
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Pursuant to the authority vested in me under the provisions of Section 4(g)(5) of the Charter of the
City of Miami, Florida, I hereby veto:
Resolution (R-23-0525) / File Number 15172
Veto Message:
There have been recent claims of corruption and calls for strict adherence to the law. In accordance
with my oath to uphold the law and to ensure its continued strict interpretation, I hereby submit this veto.
On March 24, 2022, the Miami City Commission (the "Commission") adopted Resolution R.-22-
0131, also known as, the "March 2022 Map", which included Commissioner Gabela's residence. A
subsequent lawsuit challenged the district boundaries set forth in that map on December 15, 2022.1 Per
judicial decree on May 23, 2023, the Commission was ordered to draw a new district map. On June 14,
2023, the Miami City Commission adopted Resolution R-23-0271, also known as the "June 2023 Map",
which did not include Commission Gabela's residence and was adopted prior to the July 1, 2023 effective
date of Florida Statute 166:0321, which governs the division of municipalities into districts. On this matter,
Florida Statute 166.0321 clearly stipulates in its entirety:
"Each municipality shall, from time to time, fix the boundaries of its districts so as to keep them as nearly
equal in proportion to their respective populations as practicable, provided that such changes may not be
made in the 270 days before a regular general election for the governing body of the municipality. Districts
may not be drawn with the intent to favor or disfavor a candidate for member of the governing body or an
incumbent member of the governing body based on the candidate's or incumbent's residential address. Any
ordinance enacted or adopted by a municipality on or after July 1, 2023, which is in conflict with this section
is void." (Fla. Stat. 166.0321) [Underlined]
( Grace, Inc., et al. v. City of Miami, (S.D. Fla., Case No. 1:22-cv-2O466-KMM)
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The final two sentences are clear and incontrovertible: not only must there be no attempt to favor or
disfavor any candidate based on the candidate's or incumbent's residential address in drawing boundaries
but also, no ordinance enacted or adopted by a municipality on or after the effective date of July 1, 2023,
can do so, and any such ordinance that seeks to conflict with this Florida statute is void.
Subsequent to the effective date of Florida Statute 166.0321, Commissioner Gabela presented this
resolution to the Miami City Commission on December 14, 2023, with a district map that only included his
home. At the same Miami City Commission meeting, the original map was then substituted by
Commissioner Gabela with a new map, where he added three additional neighbors.2 During the course of
the Miami City Commission meeting on December 14, 2023, Commissioner Gabela clearly and consistently
communicated his intent and purpose in garnering support for passage of this resolution despite the legal
remedies already available to him, which may comply with Florida law.3 While I may personally
sympathize with his arguments and with the impact of this veto on him and his family over the holiday
season, Florida state law is clear and definitive. The action taken by the Commission appears to conflict
directly with Florida Statute 166.0321.
In addition, it is clear from his remarks made during the Special City Commission Meeting on
December 11, 2023, that Commissioner Gabela was previously utilizing the property as an investment
property and if permitted to move back into his former home, he would then presumably rent out his current
residence.4 This action could result in Commissioner Gabela voting on a matter that would inure to his
specific pecuniary gain. In order to address that conflict or the appearance of impropriety, it appears that
recusal is required.
Florida state law explicitly forbids what this Miami City Commission resolution seeks to do. This
resolution is void under Florida law and it exposes the City of Miami to further unnecessary litigation,
which would not advance the best interests of the City of Miami or its residents, as Commissioner Gabela
has rightfully stated.
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In upholding Florida state law and deterring any further attempts to circumvent it, I submit this veto..
2023 DEC 24 Pii 12: 35
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Respectfully submitt-d,
Francis . Suarez
Mayor
The City of Miami
2 Gabela, Miguel. Memorandum on the Substitution of RE. 10 on the December 14, 2023 Miami City Commission Meeting
Amend — Resolution No. R-23-0271. City of Miami Inter -Office Memorandum — FILE No. 15172; December 11, 2023.
3 The City of Miami, City Commission Meeting - December 14, 2023; City Commission Meeting Minutes 2:03:10 - 3:23:45;
https://www.youtube.com/watch?v=DMXp88j4gk4.
4 The City of Miami, City Commission Special Meeting - December 11, 2023; City Commission Meeting Minutes 56:30 -
3:49:05; https://www.youtube.com/watch?v=oD22DE2V1AI.
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