City of Miami Page 1 of 4 File ID: 15985 (Revision: ) Printed On: 6/10/2024

City of Miami

Resolution R-24-0205 

Legislation

File Number: 15985 Final Action Date: 5/23/2024

*

A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 

AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT 

AGREEMENT AND NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY 

DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR 

THE PURPOSES STATED THEREIN; FURTHER AUTHORIZING THE 

DIRECTOR OF FINANCE TO MAKE PAYMENT, IN THE AMOUNT OF ONE 

DOLLAR ($1.00) IN NOMINAL DAMAGES TO THE PLAINTIFFS, AND IN THE 

AMOUNT OF ONE MILLION FIVE HUNDRED EIGHTY-THREE THOUSAND 

THIRTY ONE DOLLARS AND THIRTY FIVE CENTS ($1,583,031.35) FOR 

ATTORNEYS FEES AND COSTS, WITHOUT ADMISSION OF LIABILITY, IN 

FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND 

DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST 

THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND 

EMPLOYEES IN THE CASES STYLED GRACE, INC.; ENGAGE MIAMI, INC.; 

SOUTH DADE BRANCH OF THE NAACP; MIAMI-DADE BRANCH OF THE 

NAACP; CLARICE COOPER; JARED JOHNSON; YANELIS VALDES; 

ALEXANDRA CONTRERAS; AND STEVEN MIRO V. CITY OF MIAMI, CASE 

NO. 1:22-CV-24066-KMM, PENDING IN THE UNITED STATES DISTRICT 

COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CITY OF MIAMI V. 

GRACE, INC.; ENGAGE MIAMI, INC; SOUTH DADE BRANCH OF THE NAACP; 

MIAMI-DADE BRANCH OF THE NAACP; CLARICE COOPER; JARED 

JOHNSON; YANELIS VALDES; AND ALEXANDRA CONTRERAS, CASE NO. 

23-12472, PENDING IN THE UNITED STATES COURT OF APPEALS FOR 

THE ELEVENTH CIRCUIT, AND AMERICAN CIVIL LIBERTIES UNION OF 

FLORIDA, INC. V. CITY OF MIAMI, CASE NO. 2023-023038-CA-01, 

CURRENTLY PENDING IN THE CIRCUIT COURT OF THE ELEVENTH 

JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA; 

ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0.0; 

FURTHER ACCEPTING THE BOUNDARIES OF EACH DISTRICT AS SET 

FORTH IN "EXHIBIT A,” ATTACHED AND INCORPORATED, WHICH SHALL 

BECOME EFFECTIVE SEVEN (7) DAYS AFTER THE SETTLEMENT IS 

APPROVED BY THE COURT, WHICH APPROVAL SHALL INCLUDE A 

DECREE THAT NO CHANGE IN DISTRICT BOUNDARIES CAUSED BY THIS 

RESOLUTION THAT WOULD AFFECT THE QUALIFICATIONS OF ANY 

INCUMBENT COMMISSIONER UNDER SECTION 4(C) OF THE CITY 

CHARTER OR CHAPTER 16 OF THE CITY CODE WILL DISQUALIFY SUCH 

INCUMBENT COMMISSIONER DURING THE TERM FOR WHICH THEY ARE 

ELECTED; FURTHER DIRECTING THE CITY ATTORNEY TO TIMELY 

PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, 

FLORIDA, AS AMENDED ("CHARTER"), PURSUANT TO THE TIME FRAMES 

PROVIDED IN SECTION 2-64 OF THE CODE OF THE CITY OF MIAMI, 

City Hall

3500 Pan American Drive

Miami, FL 33133

www.miamigov.com

Case 1:22-cv-24066-KMM Document 196-2 Entered on FLSD Docket 06/10/2024 Page 1 of 5
File ID: 15985 Enactment Number: R-24-0205

City of Miami Page 2 of 4 File ID: 15985 (Revision: ) Printed on: 6/10/2024

FLORIDA, AS AMENDED, FOR CONSIDERATION AT A REFERENDUM 

SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL 

MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 2025, PROPOSING, 

UPON APPROVAL OF THE ELECTORATE, TO ESTABLISH A NEW SECTION 

13 OF THE CHARTER, TITLED " REDISTRICTING,” TO ESTABLISH A 

CITIZENS’ REDISTRICTING COMMITTEE AND PROVIDING FOR AN 

APPOINTMENT PROCESS, QUALIFICATIONS FOR MEMBERSHIP, TENURE, 

REMOVAL AND VACANCIES, DUTIES, AND PROVIDING FOR STANDARDS 

FOR ESTABLISHING DISTRICT BOUNDARIES; MAKING FINDINGS; AND 

PROVIDING AN EFFECTIVE DATE.

WHEREAS, on March 24, 2022, the Miami City Commission adopted Resolution R-22-

0131 (the “2022 Plan”), redrawing the City Commission districts following the 2020 Census; and

WHEREAS, on December 15, 2022, Grove Rights and Community Equity, Inc. 

(“GRACE”), Engage Miami, Inc., the South Dade Branch of the NAACP, the Miami-Dade Branch 

of the NAACP, Clarice Cooper, Yanelis Valdes, Jared Johnson, Alexandra Contreras, and 

Steven Miro (collectively, “Federal Plaintiffs”) filed GRACE, Inc.; Engage Miami, Inc; South 

Dade Branch of the NAACP; Miami-Dade Branch of the NAACP; Clarice Cooper; Jared 

Johnson; Yanelis Valdes; and Alexandra Contreras vs. City of Miami, Case No. 1:22-CV-24066-

KMM, (“Federal Action”) against the City of Miami (“City”) in the U.S. District Court for the 

Southern District of Florida (the “Federal Court”), alleging that the 2022 Plan violated the Equal 

Protection Clause of the Fourteenth Amendment; and

WHEREAS, on May 23, 2023, the Federal Court preliminarily enjoined the City from 

enforcing the 2022 Plan; and

WHEREAS, on June 14, 2023, the Miami City Commission adopted Resolution R-23-

0271 (“2023 Plan”), another plan for the City Commission districts; and

WHEREAS, on July 30, 2023, the Federal Court issued its order on interim remedy, 

sustaining the Federal Plaintiffs’ objections to the 2023 Plan and adopting Plaintiffs’ P4 plan as 

the Federal Court’s interim remedy pending final judgment; and

WHEREAS, on July 30, 2023, the City appealed the Federal Court’s interim remedial 

order, City of Miami v. GRACE, Inc.; Engage Miami, Inc; South Dade Branch of the NAACP; 

Miami-Dade Branch of the NAACP; Clarice Cooper; Jared Johnson; Yanelis Valdes; and 

Alexandra Contreras, Case No. 23-12472 (“Federal Appeal”); and

WHEREAS, on September 14, 2023, the American Civil Liberties Union of Florida, Inc. 

(the “ACLU of Florida”) filed a new lawsuit, American Civil Liberties, Union of Florida, Inc. vs. 

City of Miami, Case No. 2023-023038-CA-01 (“State Action”), against the City in the Circuit 

Court of Florida’s Eleventh Judicial Circuit ( “State Court”), alleging that the 2023 Plan violated 

Florida’s Government in the Sunshine Law, Chapter 286, Florida Statutes; and

WHEREAS, on January 11, 2024, the Miami City Commission adopted Resolution R-24-

0001, amending the 2023 Plan by making a small change affecting two districts; and

WHEREAS, on April 10, 2024, following a bench trial, the Federal Court: (1) found all 

five (5) districts in both the 2022 Plan and the 2023 Plan (including as amended by R-24-0001) 

are unconstitutionally racially gerrymandered in violation of the Equal Protection Clause of the 

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File ID: 15985 Enactment Number: R-24-0205

City of Miami Page 3 of 4 File ID: 15985 (Revision: ) Printed on: 6/10/2024

Fourteenth Amendment; (2) permanently enjoined the City of Miami and its officers and agents 

from enforcing the unconstitutional districts; (3) awarded each Federal Plaintiff nominal 

damages in the amount of $1.00; and (4) retained jurisdiction to adjudicate the remedial phase 

of the case;

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 authorizes1the City Manager to enter into a 

Settlement Agreement and negotiate and execute any and all necessary documents, in a form 

acceptable to the City Attorney, for the purposes stated herein.

Section 3. The City Commission hereby authorizes1the Director of Finance to make 

payments, in the amount of one dollar ($1.00), in nominal damages to the Plaintiffs, and in the 

amount of one million five hundred eighty three thousand thirty one dollars and thirty five cents 

($1,583,031.35), for attorneys’ fees and costs, without admission of liability, in full and complete 

settlement of any and all claims and demands, including all claims for attorneys' fees, against 

the City and its officers, agents, and employees in the cases styled GRACE, Inc.; Engage 

Miami, Inc; South Dade Branch of the NAACP; Miami-Dade Branch of the NAACP; Clarice 

Cooper; Jared Johnson; Yanelis Valdes; Alexandra Contreras; and Steven Miro vs. City of 

Miami, Case No. 1:22-CV-24066-KMM, pending in the United States District Court for the 

Southern District of Florida, City of Miami v. GRACE, Inc.; Engage Miami, Inc; South Dade 

Branch of the NAACP; Miami-Dade Branch of the NAACP; Clarice Cooper; Jared Johnson; 

Yanelis Valdes; and Alexandra Contreras, Case No. 23-12472, pending in the United States 

Court of Appeals for the Eleventh Circuit, and American Civil Liberties, Union of Florida, Inc. vs. 

City of Miami, Case No. 2023-023038-CA-01, currently pending in the Circuit Court of the 

Eleventh Judicial Circuit in and for Miami-Dade County, Florida.

Section 4. Further allocating funds from Account No. 00001.980000.531010.0.0 for 

payment pursuant to the Settlement Agreement. 

Section 5. The City Commission officially accepts the boundaries of each City 

Commission District as set forth in "Exhibit A,” attached and incorporated. These boundaries 

shall become effective seven (7) days after the Settlement is approved by the Court, which 

approval shall include a decree that no change in district boundaries caused by this Resolution 

that would affect the qualifications of any incumbent commissioner under Section 4(c) of the 

City Charter or Chapter 16 of the City Code will disqualify such incumbent commissioner during 

the term for which they are elected.

Section 6. The City Attorney is hereby directed to timely prepare an amendment to the 

Charter, pursuant to the time frames provided in Section 2-64 of the City Code for consideration 

at the referendum special election to be held concurrently with the general municipal election 

scheduled for November 2025, proposing, upon approval of the electorate, to establish a new 

Section 13 of the Charter, titled “Redistricting,” to establish a Citizens Redistricting Committee 

1 The herein authorization is further subject to compliance with all legal requirements that may be 

imposed, including but not limited to, those prescribed by applicable City Charter and City Code 

provisions.

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File ID: 15985 Enactment Number: R-24-0205

City of Miami Page 4 of 4 File ID: 15985 (Revision: ) Printed on: 6/10/2024

and providing for an appointment process, qualifications for membership, tenure, removal and 

vacancies, duties, and providing for standards for establishing district boundaries.

Section 7. This Resolution shall become effective immediately upon adoption and 

signature by the Mayor.2

APPROVED AS TO FORM AND CORRECTNESS:

2

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.

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Miami International Airport

Morning- side

Grapeland Heights

Little Havana Dodge Island

Shenandoah

Virginia 

Auburndale

Liberty City

Silver Bluff

Wyn- wood

Little River

Downtown

The Roads

Allapattah

Little Haiti

Overtown

Flagami

Brickell

Omni

C O C O N U T G R O V E

pU r e

aE t s

di S

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Districts

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