HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15321 Final Action Date: 1/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING THE JURISDICTIONAL BOUNDARIES OF THE CITY
COMMISSION DISTRICTS ADOPTED PURSUANT TO RESOLUTION NO. R-
23-0271; OFFICIALLY DELINEATING THE BOUNDARIES OF EACH DISTRICT
AS SET FORTH IN "COMPOSITE EXHIBIT 1," ATTACHED AND
INCORPORATED; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE
DATE.
SPONSOR(S): Commissioner Miguel Angel Gabela
WHEREAS, the voters of the City of Miami ("City") adopted a Charter Amendment on
September 4, 1997, providing for a non -voting Executive Mayor elected City-wide, and five (5)
City Commissioners elected from districts; and
WHEREAS, the City Commission adopted Resolution No. 97-495 providing for the
jurisdictional boundaries of the City Commission Districts; and
WHEREAS, on May 8, 2003, the City reapportioned district boundaries in Resolution No.
03-0448 following the results of the 2000 Census; and
WHEREAS, on May 23, 2013, the City reapportioned district boundaries in Resolution
No. R-13-0208 following the results of the 2010 Census; and
WHEREAS, on March 24, 2022, the City Commission reapportioned the district
boundaries in Resolution No. R-22-0131 ("2022 Map") following the results of the 2020 Census;
and
WHEREAS, on December 15, 2022, nine (9) months after the adoption of the 2022 Map,
certain community organizations filed a federal lawsuit against the City of Miami challenging the
new redistricting plan alleging it violated the 14th Amendment's Equal Protection Clause; and
WHEREAS, the Federal court entered an order enjoining the City from calling,
conducting, supervising, or certifying any elections using the 2022 map; and
WHEREAS, the City Commission retained the services of a professional redistricting
consultant to provide redistricting advice to the City; and
WHEREAS, the results of the 2020 Census show that in 2020, the population of the City
had grown to 442,241, an increase of 42,752 or 10.7 percent and that the growth has not been
uniform across all five of the City's Commission districts; and
WHEREAS, the 14th Amendment to the U.S. Constitution as interpreted by federal case
law requires "substantial equality" of population among single member districts and a review of
City of Miami Page 1 of 3 File ID: 15321 (Revision:) Printed On: 7/9/2024
File ID: 15321 Enactment Number:
the Census data shows that the current plan is malapportioned and cannot be used for
subsequent elections; and
WHEREAS, Section 2, 52 U.S.C. § 10301 of the Voting Rights Act of 1965 (the "Voting
Rights Act"), is a permanent nationwide prohibition on voting practices that discriminate on the
basis of race, color, or membership in a language minority group (as defined in Sections 4(f)(2)
and 14(c)(3) of the Act, 52 U.S.C. §§ 10303(f)(2), 10310(c)(3)) and prohibits both voting
practices that result in citizens being denied equal access to the political process on account of
race, color, or membership in a language minority group, and voting practices adopted or
maintained for the purpose of discriminating on those bases; and
WHEREAS, the Supreme Court observed in Reynolds v. Sims, 377 U.S. 533 (1964),
that all that is necessary when drafting state legislative districts is achieving "substantial equality
of population among the various districts." The phrase "substantial equality of population" has
come to generally mean that a legislative or local government plan will not be held to violate the
Equal Protection clause if the overall deviation between the smallest and largest district is less
than 10%. In Avery v. Midland County, 390 U.S. 474 (1968), the United States Supreme Court
applied the Reynolds decision to local governments; and
WHEREAS, the City's redistricting consultant met individually with the five district City
Commissioners for the purpose of getting input from them to develop a new map that addressed
the concerns of the federal court and also achieved compliance with the Voting Rights Act and
the Equal Protection Clause; and
WHEREAS, as a result of the meetings, the redistricting consultant developed an
amalgamated proposed map that took into consideration the policy and political suggestions of
the City Commissioners, resident input and the Court's order and named the map Version 12;
and
WHEREAS, the City's redistricting consultant analyzed the polarized voting patterns in
the City and determined that the Version 12 map was consistent with the three factors
enunciated in the case of Thornburg v. Gingles, 478 U.S. 30 (1986); and
WHEREAS, on June 14, 2023, at a Special City Commission meeting, the redistricting
consultant presented the Version 12 map to the City Commission and the public; and
WHEREAS, after hearing from the public, the City Commission considered the Version
12 map and made some modifications which among other changes included reuniting a portion
of Coconut Grove into District 2, made changes between the boundaries of D3 And D4 to
restore the Domino park area to D3, moved an area from District 1 into District 5 that contained
a restaurant that the District 5 Commissioner had committed significant effort and funding to
ensure its success and made other changes necessary to rebalance the population and reduce
the Map's overall deviation; and
WHEREAS, the amendments to the Version 12 map were named the District 3 Version 3
Map ("D3 V3 Map"); and
WHEREAS, the City Commission determined that the D3 V3 Map achieved substantial
equality of population among the districts; and
City of Miami Page 2 of 3 File ID: 15321 (Revision:) Printed on: 7/9/2024
File ID: 15321 Enactment Number:
WHEREAS, the City Commission determined that the D3 V3 Map was legally sound and
meets the City Commission's prime directive that the redistricting plan should abide by the
Constitution and the Voting Rights Act; and
WHEREAS, the City Commission wishes to amend the D3 V3 Map, adopted pursuant to
Resolution No. R-23-0271, adopted on June 14, 2023, as set forth in "Composite Exhibit 1,"
attached and incorporated, thereby restoring to District 1 the portion that was removed from it
and moved to District 3 pursuant to Resolution No. R-23-0271, to -wit: the area bounded by the
Miami River on the North, the Lawrence Canal on the West and State Road 836 on the South,
and further restoring to District 2 the portion of Coconut Grove that was removed from it and
moved to District 3 pursuant to Resolution No. R-23-0271, to -wit: the area bounded by US
Highway 1 on the North, SW 22 Ave and Kirk Street on the West and South Bayshore
Drive/South Miami Avenue on the South"; and
WHEREAS, the proposed revised Map, as set forth in "Composite Exhibit 1," attached
and incorporated, meets the City Commission's prime directive that the redistricting plan should
abide by the Constitution and the Voting Rights Act;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section and represent findings of
the City Commission.
Section 2. The City Commission hereby amends the jurisdictional boundaries of the City
Commission Districts adopted pursuant to Resolution No. R-23-0271; officially delineating the
boundaries of each District as set forth in "Composite Exhibit 1," attached and incorporated;
making findings; and providing an effective date. These election districts shall be applicable for
all purposes, including but not limited to, any election of City Commissioners, following the
effective date of this Resolution; making findings; and providing an effective date.
Section 3. This Resolution shall become effective immediately upon adoption and
signature by the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 File ID: 15321 (Revision:) Printed on: 7/9/2024