Redistricting in Florida after the 2010 census
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 in Florida |
| Note: Redistricting takes place every 10 years after completion of the United States Census. The information here pertains to the 2010 redistricting process. For information on more recent redistricting developments, see this article. |
| Redistricting in Florida | |
 | |
| General information | |
| Partisan control: Republican | |
| Process: Legislative authority | |
| Deadline: June 22, 2012 | |
| Total seats | |
| Congress: 27 | |
| State Senate: 40 | |
| State House: 120 | |
This article details the timeline of redistricting events in Florida following the 2010 census. It also provides contextual information about the redistricting process and census information.
Florida gained two Congressional seats from the reapportionment after the 2010 census. The state population increased by 2.8 million residents, or 17.6 percent.[1]
Process[edit]
- See also: State-by-state redistricting procedures
During the 2010 redistricting cycle, the Florida Legislature was responsible for redistricting. For state legislative redistricting, the legislature had to first pass a joint resolution, which would then be sent to the Supreme Court for review. If it was accepted, the plan would become law. If it was not, the legislature would hold a 15-day session to approve a new plan. If the second plan did not pass the court or if the legislature failed to approve a new plan during the 15 days, the court would have 60 days to design its own plan.[2]
Florida was one of 16 states that must receive some approval from the U.S. Justice Department via the Voting Rights Act. The state needed to receive pre-clearance on the counties of Collier, Hardee, Hendry, Hillsborough, and Monroe.[3]
The Florida Constitution provided authority to the legislature in Section 16 of Article III.
Additionally, passage of Florida Legislative District Boundaries, Amendment 5 (2010) added Section 21 to Article III, while passage of Florida Congressional District Boundaries, Amendment 6 (2010) added Section 20.
Leadership[edit]
Senate[edit]
The members of the 2011 committee were as follows:
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January 2011: Fasano resigned from committee[edit]
Sen. Mike Fasano resigned from the redistricting committee on January 3, 2011, saying, "I just don't want any perception that I'm on the committee of reapportionment or redistricting for the purpose of drawing a district that would benefit me. Perception is everything."[4]
House[edit]
House Speaker Dean Cannon, while announcing committee appointments in early December 2010, stated he would be delaying appointments to the redistricting commission until 2011 while staff analyzed the impact of Amendments 5 & 6. In a memo, Cannon said, “Because we are still developing the House’s redistricting software, analyzing the recently-enacted constitutional amendments, and building a redistricting timeline, I have decided to delay appointments to the redistricting committees until 2011."[5]
On April 8, 2011, Cannon sent out a memo to members of the House regarding their interest in serving on the committee.[6] Members were announced on April 18.[7] Democrats criticized Cannon over their representation on the committee, which did not include Democratic leader Perry Thurston. Democrats were outnumbered two to one, making them less influential.[8] While Cannon's office said that Thurston did not apply to be on the committee, Thurston was able to produce documentation that he had written to Cannon the previous November, requesting to be on the committee and calling it his first choice of committees.[9]
The members of the committee were as follows:
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Public hearings[edit]
The first meeting was scheduled for June 20 in the State Capitol. A series of 26 public hearings took place throughout the state and concluded on August 31 with a meeting in Clewiston. Audio and video of the meetings can be found here. Until November 1, 2011, the public could also submit their own maps online.[10] At the close of the submission period, 153 maps had been submitted.[11]
Census results[edit]
On March 16, 2011, the Census Bureau shipped Florida's local census data to the governor and legislative leaders. This data was used to guide redistricting for state and local offices. The data was publicly available for download.[12] New target district populations were 696,345 for Congressional districts, 470,033 for state Senate districts, and 156,678 for House districts.[3]
City and county population changes[edit]
These tables show the change in population in the five largest cities and counties in Florida from 2000-2010.[13]
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Congressional redistricting[edit]
Since Florida was to gain two additional seats, speculation began as to how these districts would be drawn. Each district had to have approximately 700,000 residents. The website Redistricting the Nation, run by software firm Azavea, ranked Florida's congressional districts among the least compact in the nation. Azavea pointed out that compactness does not necessarily equal fairness, but argued that it is important:
"A number of scholars have suggested that compactness measures are best used not as absolute standards against which a single district’s shape is judged, but rather as a way to assess the relative merits of various proposed plans. Above all, compactness is most meaningful within the framework of an institutional redistricting process."[14]
On July 10, 2014, a Florida judge threw out the state's 2012 congressional redistricting plan. In the ruling he found that Republicans "conspired to manipulate the boundaries to protect the party's majority in Washington and 'made a mockery' of the rules of transparency in the process".[15][16] He also specifically ordered that two of the state's districts--Florida's 5th Congressional District and Florida's 10th Congressional District-- should be redrawn as they violated a Fair Districts Florida standard approved by voters in 2010 to ban legislators from favoring or protecting incumbents.[15]
On July 15, 2014, Republicans in the Florida State Legislature announced they would not appeal the ruling that found that the state's map for congressional districts unconstitutional. Senate President Don Gaetz and House Speaker Will Weatherford said in a joint statement that they wanted to postpone drawing a new map until after the 2014 elections.[17][18]
Legislative redistricting[edit]
As Florida’s redistricting process moved forward, the Senate Redistricting Committee settled on its approach to panhandle redistricting. The plan, which had bipartisan support, was to split several panhandle counties north-south with horizontal district lines. Lawmakers debated the move in light of the Fair Districts amendments, deciding between county preservation and keeping local interests together. Proponents argued that the plan kept rural and urban interests separate, giving these interests their own representatives. Others worried that dividing too many counties might violate the provisions of the amendments. The committee used a citizen-drawn map, The Kelley Plan, as a starting point for the region.[19][20]
Redistricting[edit]
December 2011: Senate, House committees move forward with draft maps[edit]
On December 6, the Florida Senate Redistricting Committee voted to introduce its US House and State Senate redistricting plans. Further committee consideration was expected ahead of a January 17 floor vote. The committee gathered public feedback on the draft plans via the internet--accumulating around 500 responses.[21][22]
Meanwhile, the House Redistricting Committee released a range of draft maps for both the US House and Florida House. In total, seven congressional and five House plans were released. The Orlando Sentinel noted that although the plans increased the number of Democrat-majority districts, the plans also appeared to shore up existing GOP districts.[23]
- An interactive map showing the committees’ proposals can be found here.
January 2012: Session begins, committees pass Senate-drawn maps[edit]
On January 11, 2012, the Florida State Senate's redistricting committee approved Senate and congressional maps for consideration by the full chamber. The plans were approved after a Democratic revision was rejected by the redistricting committee.[24]
Meanwhile, the House committee approved the Senate committee's chamber map and narrowed its own list of proposals.[25]
January 2012: Senate approves US House and Senate maps[edit]
The Florida State Senate succeeded in getting largely bipartisan approval for its State Senate and US House redistricting plans. The plans passed on January 17, 2012, by a 34-6 margin. Opponents argued that the maps gained support by protecting incumbents, and thus violated the new redistricting amendments. However, redistricting committee chair and incoming Senate President Don Gaetz (R) said the plans were a product of bipartisan cooperation. Gaetz also argued that opponents' plans would have weakened minority influence districts. The plans proceeded to the House for votes. These votes also addressed House redistricting.[26][27][28]
- An interactive version of the congressional map can be found here.
February 2012: House to vote on chamber maps[edit]
Senators Gaetz & Haridopolos discuss the final redistricting maps.[29] |
On February 3, 2012, the state House Redistricting Committee approved a redistricting proposal for consideration by the full chamber.[30][31]
February 2012: Maps given final legislative approval[edit]
On February 9, 2012, the Florida State Legislature gave final approval to the state's redistricting maps. The congressional plan moved to the Governor's desk, and the legislative plan moved to the state Supreme Court for approval. The congressional map, CS/SB 1174, was approved 80-37 in the House and 32-5 in the Senate. The legislative maps, CS/SJR 1176, were approved 80-37 in the House and 31-7 in the Senate.[32]
- An interactive map of the new congressional districts can be found here.
- An interactive map of the new state House districts can be found here.
- An interactive map of the new state Senate districts can be found here.
February 2012: Congressional map signed into law[edit]
On February 16, 2012, Gov. Rick Scott (R) signed Florida's congressional redistricting map into law. Also, per state law, Florida Attorney General Pam Bondi formally requested a state Supreme Court review of the state's legislative redistricting plans.[33][34][35][36]
March 2012: Senate begins redrawing chamber map[edit]
The Florida State Legislature reconvened on March 14, 2012, to begin redrawing the state's Senate districts. The original Senate plan was struck down by the Florida Supreme Court. The Court found that eight districts had been drawn to favor incumbents and thus violated the state's legislative redistricting amendment. In addition, the court found that districts had been renumbered in order to allow select incumbents to serve longer terms. Florida has staggered Senate elections--half of its Senate seats are up for election every two years. Odd numbers are up in one election and evens in the next. However, because of redistricting, all 40 of the state's Senate seats were up for election in 2012. Twenty seats -- those usually up for election in 2012 -- would have four-year terms. The other 20 seats, those not due for an election until 2014, would only have two-years terms, preserving the staggered arrangement. However, by selectively swapping numbers, some lawmakers who had already served six years would have been up for another four-year term. Ordinarily, Florida's two-term limit restricts lawmakers to eight consecutive years in the Senate. Lawmakers were ordered to fairly renumber the seats and correct the eight offending districts. The Senate took the lead in redrawing the chamber plan with the House deferring to their decisions. The special session could last no more than 15 days. The revised plan had to be submitted to the court for evaluation.[37]
March 2012: New Senate map approved[edit]
On March 27, 2012, the Florida House of Representatives concurred with the Senate's chamber redistricting map. The House did not amend the map, instead deferring to a plan approved by the Senate on March 22. Ultimately, 24 districts were modified to accommodate the changes to the eight rejected by the court. The revised numbers were picked using bingo selector machines. The map moved to the Florida Supreme Court for review -- the Governor did not need to approve the plan. Under the Voting Rights Act, the plan also had to be approved by the U.S. Department of Justice (DOJ). Florida officials sent the plan to the DOJ for review on March 30.[38][39][40]
Senate Democratic Leader Nan Rich maintained her opposition to the plan, arguing that it violated the 2010 Fair Districts amendment.[41][42]
Oral arguments scheduled[edit]
Oral arguments in the Florida Supreme Court's review of the state's new legislative districts were scheduled for February 29th. Counsel for the state had 90 minutes to make arguments in favor of the House and Senate maps. The court denied opponents the opportunity to file alternative maps and requested the addresses of incumbent lawmakers.[43][44]
April 2012: Revised map upheld by Supreme Court[edit]
On April 20, 2012, the Florida Supreme Court was set to hear oral arguments in its review of the revised State Senate maps.[45]
On April 27, the Florida Supreme Court approved the second draft of the state's Senate districts. The court found that opponents of the plan had not demonstrated that the map had been drawn for partisan purposes as forbidden under the state's fair districts amendment.[46]
- Filings in the case can be found here.
April 30: DOJ approves redistricting maps[edit]
On April 30, the U.S. Department of Justice cleared Florida's redistricting maps for use in the 2012 elections. Also on April 30, a state court said that a lawsuit against Florida's congressional maps could move forward, but decided not to delay the 2012 elections while the case continued.[47]
Ballot measures[edit]
The following measures appeared on the 2010 Florida ballot pertaining to redistricting:
- Was designed to amend the practice of drawing legislative district boundaries to establish fairness, be as equal in population as feasible, and use city, county and geographical boundaries.
- Was designed to amend the practice of drawing congressional district boundaries to establish fairness, be as equal in population as feasible, and use city, county and geographical boundaries.
Lawsuit against Amendment 6[edit]
U.S. Reps. Mario Diaz-Balart (R) and Corrine Brown (D) challenged Amendment 6 in court, saying it violated the Voting Rights Act and "represents an impermissible effort by Florida to limit the discretion directly delegated by the United States Constitution to the Florida Legislature."[48] They filed suit on November 3, 2010.[49] Brown's district in Jacksonville was 50% black, while Diaz-Balart's district in Miami was 70% Hispanic.[3]
On January 11, 2011, Florida Attorney General Pam Bondi (R) filed a motion asking the U.S. District Court to dismiss the lawsuit, saying that it lacked jurisdiction in the case, citing Article I of the U.S. Constitution, based on the state's 11th Amendment immunity.[50]
The American Civil Liberties Union of Florida, along with the Florida State Conference of NAACP branches and Democracia Ahora, joined the case as defendants.[51] On March 1, five Democratic state legislators filed to join the lawsuit as defendants: state Sen. Arthenia Joyner and state Reps. Janet Cruz, Luis Garcia, Joseph Gibbons, and Perry Thurston.[52] In a press release announcing the action, Florida Democratic Party Chairman Rod Smith said, “Florida Democrats will not sit back and allow the will of nearly 63% of Floridians to be frustrated or delayed by those who simply seek to deny Floridians fair elections in fair districts.”[53]
January 2011: House joins lawsuit[edit]
On January 24, 2011, the Florida House of Representatives formally filed to join the challenge against the congressional redistricting measure.
According to House spokesperson Katie Betta, "The U.S. Constitution delegates authority to the state legislatures to draw congressional districts. The House believes its constitutional authority has been impeded by Amendment 6."[54][55] As of January 27, Senate President Mike Haridopolos (R) declined to join the lawsuit, but said the case should be heard before submitting the amendments for approval.[56]
House Speaker Dean Cannon said he was waiting to hear from the House's legal team before deciding if he would challenge the legislative redistricting amendment as well.[57]
September 2011: District Court upholds, appeal promised[edit]
On September 9, 2011, U.S. District Judge Ursula Ungaro rejected the lawsuit. In her 22-page opinion, Judge Ungaroo said that the regulation created under the amendment was a valid part of the legislative process under the Elections Clause.[58]
In reaction to the news, Brown said, "I am disappointed in the judge’s ruling. But this is step one. We’re going all the way to the U.S. Supreme Court."[59]
- The full decision can be found here.
September 2011: Brown, Diaz-Balart, and State House file appeal[edit]
On September 29, 2011, the Florida House of Representatives announced that it would join the federal appeal of Amendment 6. U.S. Reps. Corrine Brown (D) and Mario Diaz-Balart (R) promised to appeal after a federal judge upheld Florida’s congressional redistricting amendment earlier in the month.
- The notice of appeal can be found here.
January 2012: Arguments heard in appeal[edit]
The Eleventh Circuit Court of Appeals heard arguments on January 10 in the appeal of Brown v. Browning.[60]
January 2012: 11th Circuit upholds amendments[edit]
On January 31, 2012, a panel of judges from the Eleventh Circuit Court of Appeals upheld Florida Amendment 6.[61]
- The full decision can be found here.
Pre-clearance for Amendment 5 and 6[edit]
January 2011: Governor pulls request for pre-clearance[edit]
Following the House's involvement in the Amendment 6 legal challenge, a spokesman for Gov. Rick Scott confirmed that the governor had pulled a request for federal approval of Amendments 5 and 6. Scott told the news media, "One of the things that we're looking at is the amendments that were passed, how they're going to be implemented. We want to make sure that with regard to redistricting, it's fair, it's the right way of doing it. So it's something I'm clearly focused on."[62]
Pamela Goodman, president of Fair Districts Now and redistricting chairwoman of the Florida League of Women Voters responded to the Scott's action: "We will do whatever it takes to see to it that the new standards are implemented. We will not allow our hard earned rights and the clear vote and voice of over 3 million Florida voters to be eviscerated by those intent on avoiding their constitutional duty to create fairly drawn districts."[63]
February 2011: Governor sued[edit]
On February 3, 2011, supporters of Amendment 5 and Amendment 6, including the Florida chapters of the League of Women Voters and NAACP, filed a lawsuit against Gov. Rick Scott (R) for pulling the request for federal approval.[64] Five residents of Monroe County were also enlisted as plaintiffs in the case since Monroe was one of the five Florida counties that required federal pre-clearance. They were the only individual plaintiffs in the suit.[65]
Sen. Dan Gelber and then-attorney for Fair Districts Now, supporters of the measures, said, "It's time to stop stonewalling. Governor Scott and Secretary Browning should not be abusing their power to frustrate the will of the 63 percent who voted for these reforms. The new standards must be sent to the Justice Department promptly to guarantee their implementation."[66] Read the full text of the complaint.
In response to the lawsuit, Brian Hughes, the governor's spokesperson, said that the governor's actions did not delay redistricting in the state. Additionally, Hughes said that the Florida State Legislature was months away from working on state redistricting and the governor was using the time to consider the policy.[67] Lawmakers could not begin work until census data for the state had been released.
However, Erika Wood, deputy director of the Brennan Center for Justice at the New York University Law School, said she can see no reason why Florida would need to wait for Census data to submit the amendments for pre-clearance, stating, "In fact, the Code of Federal Regulations clearly states that 'changes affecting voting should be submitted as soon as possible after they become final.'"[68]
Following their receipt of census data on March 16, Scott's office requested, and received, a delay on the suit until April 1. Charles Trippe, Jr., Scott's general counsel, wrote, “Defendants respectfully request an extension...because Defendants believe in good faith that this matter may be resolved in that time, obviating the need for any exercise of this Court’s jurisdiction.”[69] Supporters of the lawsuit took this as a positive sign that Scott planned on submitting the amendments.
March 2011: Legislature files for pre-clearance[edit]
Senate President Mike Haridopolos and House Speaker Dean Cannon submitted Amendments 5 & 6 to the Department of Justice for pre-clearance on March 29. According to their press release, it was determined that the application submission should come from either the state Attorney General or the legislature, not the governor. Once the proper authority was established, they submitted the amendments.[70]
The authors of the amendments, however, questioned the new submission, saying that some of the statements in the submission were intended to undermine the intent of the changes.[71] Along with their one-page pre-clearance letter, Cannon and Haridopolos submitted 11 pages of their interpretation of the amendments.[72] They said the original application did not take into account concerns that the amendments could hurt minority voting strength, while supporters disagreed.
Gov. Scott said, "Despite pressure from special interest groups, I committed to Floridians that my review of the preclearance application for Amendments 5 and 6 would be thorough and complete. The action of legislative leaders today delivers on that promise."[73]
The Legislature made all of the documents related to the submission available online.
June 2011: DOJ grants pre-clearance[edit]
The Department of Justice signed off on the measures. The DOJ concluded that the amendments did not violate the principles of the Voting Rights Act.[74]
2014 lawsuit ruling[edit]
On July 10, 2014, a federal circuit judge ruled that the Florida State Legislature acted illegally in passing new congressional district lines after the 2010 census. Several groups including the League of Women Voters and Common Cause filed suit in response to the map adopted in 2012, arguing that two districts violated a 2010 constitutional amendment banning gerrymandering due to the involvement of outside Republican consultants.[75] In the decision following a 12-day trial, Judge Terry Lewis said that "Republican political consultants or operatives... made a mockery of the Legislature’s proclaimed transparency and open process of redistricting by doing all of this in the shadow of that process, utilizing the access it gave them to the decision makers, but going to great lengths to conceal from the public their plan and their participation in it."[76] The 5th District was represented by Corrine Brown (D), while the 10th District was represented by Daniel Webster (R).[77] Brown's majority-minority district, running from Jacksonville to Orlando, was the subject of critcism when the map was drawn; at trial, the respondents argued that it was drawn in a way to avoid a challenge under the Voting Rights Act and the petitioners claimed it was drawn to isolate Democratic voters for the benefit of the GOP in nearby districts.[78] Much of the redistricting record was discarded by the legislature; Lewis noted that there was no obligation to maintain a record of the redistricting process, but questioned the motive behind the move.[79]
Impact on 2014 elections[edit]
On July 17, 2014, circuit judge Terry Lewis briefly heard from lawyers representing the legislature, Secretary of State and state election authorities; they informed him that voting had already begun ahead of the August 26 primary by means of absentee ballots, some of which were already returned by the day of the meeting. Ron Labasky, attorney for all but one of the state's election supervisors, expressed doubt over the feasibility of redrawing the maps in time, telling the judge, "I'm not sure how we back up and allow someone to vote again in a new district."[80] David King, representing petitioners including the League of Women Voters, urged the legislature to work on a new map immediately, saying that the 2012 elections had been carried out with an unconstitutional map.[81] After 20 minutes, Lewis scheduled a longer hearing the following week, admitting that he had expected an appeal. On July 15, legislative leaders filed a motion conceding the matter, but requested that redistricting occur after the elections.[82]
Lewis ordered an August 15 deadline for the redrawing of the Congressional maps. He scheduled a hearing for August 20 to discuss the affected districts and discuss whether to call special elections for them following the November elections.[83]
Partisan registration by district[edit]
Congressional districts in November 2010
| Partisan Registration and Representation by Congressional District, 2010[84] | ||||||||
|---|---|---|---|---|---|---|---|---|
| Congressional district | Republicans | Democrats | Unaffiliated | District Total | Party Advantage* | 111th Congress | 112th Congress | |
| 1 (Pensacola) | 233,628 | 156,141 | 83,012 | 472,781 | 49.62% Republican | |||
| 2 (Tallahassee) | 155,065 | 239,032 | 61,172 | 455,269 | 54.15% Democratic | |||
| 3 (Gainesville) | 70,163 | 228,600 | 54,489 | 353,252 | 225.81% Democratic | |||
| 4 (Northeast border) | 199,989 | 175,116 | 81,048 | 456,153 | 14.20% Republican | |||
| 5 (Middle Gulf) | 257,162 | 223,720 | 133,020 | 613,902 | 14.95% Republican | |||
| 6 (Ocala/Middleburg) | 213,976 | 199,238 | 95,129 | 508,343 | 7.39% Republican | |||
| 7 (St. Augustine/Daytona Beach) | 218,256 | 190,843 | 121,840 | 530,939 | 14.36% Republican | |||
| 8 (Orlando) | 169,976 | 182,031 | 102,675 | 454,682 | 7.09% Democratic | |||
| 9 (Clearwater) | 190,188 | 164,374 | 115,387 | 469,949 | 15.70% Republican | |||
| 10 (Palm Harbor/Seminole) | 158,514 | 152,625 | 102,524 | 413,663 | 3.86% Republican | |||
| 11 (Tampa) | 89,428 | 191,198 | 77,861 | 358,487 | 113.80% Democratic | |||
| 12 (Plant City/Winter Haven) | 162,168 | 187,980 | 98,301 | 448,449 | 15.91% Democratic | |||
| 13 (Sarasota) | 218,787 | 166,703 | 100,373 | 485,863 | 31.24% Republican | |||
| 14 (Fort Myers) | 239,758 | 146,573 | 115,810 | 502,141 | 63.57% Republican | |||
| 15 (Kissimmee) | 201,576 | 187,387 | 112,487 | 501,450 | 7.57% Republican | |||
| 16 (Port Charlotte) | 203,207 | 187,949 | 112,395 | 503,551 | 8.12% Republican | |||
| 17 (North Miami) | 35,576 | 245,682 | 62,374 | 343,632 | 590.58% Democratic | |||
| 18 (Miami) | 126,670 | 126,481 | 91,878 | 345,029 | 0.15% Republican | |||
| 19 (Coral Springs) | 112,536 | 234,543 | 112,231 | 459,310 | 108.41% Democratic | |||
| 20 (Fort Lauderdale) | 104,986 | 206,919 | 93,413 | 405,318 | 97.09% Democratic | |||
| 21 (Hialeah) | 129,001 | 122,451 | 87,448 | 338,900 | 5.35% Republican | |||
| 22 (Boca Raton) | 172,758 | 173,386 | 115,769 | 461,913 | 0.36% Democratic | |||
| 23 (Delray Beach/Belle Glade) | 48,112 | 231,325 | 62,200 | 341,637 | 380.80% Democratic | |||
| 24 (Titusville) | 193,865 | 179,342 | 114,655 | 487,862 | 8.10% Republican | |||
| 25 (Southernmost tip) | 133,905 | 131,418 | 103,994 | 369,317 | 1.89% Republican | |||
| State Totals | 4,039,250 | 4,631,057 | 2,411,485 | 11,081,792 | 14.65% Democratic | 10 D, 15 R | 6 D, 19 R | |
| *The partisan registration advantage was computed as the gap between the two major parties in registered voters. | ||||||||
Timeline[edit]
Legislators took public testimony regarding redistricting in summer 2011 and began holding committee meetings in the fall. The 2012 legislative session started earlier than normal in order to finish redistricting so that candidates had time to qualify for spring primary races.[85]
Florida's redistricting timeline:[86]
| Florida 2010 Redistricting Timeline | |
|---|---|
| Date | Action |
| Summer 2011 | Legislature conducts hearings around the state to get public input. |
| January 10, 2012 | Legislature meets for 60-day legislative session. |
| March 9, 2012 | Session ends. |
| March 10, 2012 | Legislature submits the plan to the Florida Supreme Court for review as required by law. The court has 30 days to review the plan. |
| April 16, 2012 | The FSC completes its review and legislature submits plan to the Department of Justice. The DOJ has 60 days to review the plan. |
| June 18, 2012 | Districts are finalized. |
History[edit]
The Florida State Constitution of 1885 gave authority for the legislature to reapportion itself and provided for representation based on geography. Under this plan, each county could have no more than one senator and at least one representative, with the five largest counties allowed 3 representatives. When the state's population increased during the 1950s, this disparity led to a polarizing of the legislature between rural and urban counties.
In 1965, the case of Swann v. Adams declared the geographical representation provisions to be unconstitutional and the U.S. Supreme Court ordered the state legislature to reapportion itself by population. In 1967, a submitted redistricting plan was adopted by the federal district court that, for the first time, set up districts based on population. This resulted in a number of seats being transferred from the rural panhandle to central and southern Florida.
The state adopted a new constitution in 1968. It provided for a Senate consisting of 30 to 40 members and a House of 80 to 120 members, with districts equal in population.[87]
2001 redistricting[edit]
In 2001, Florida gained two new Congressional seats, to be drawn up by a legislature where Republicans controlled two houses. Both legislative chambers were at their constitutionally dictated maximums, with 120 House and 40 Senate seats. The state's legislature named a Senate committee to sketch boundaries for 25 U.S. House seats. Under that's Committee's immediate jurisdiction were two subcommittees, one assigned to each legislative chambers' districts.
State Republicans came forward with their first two maps at the beginning of December 2001. The maps made both new Congressional seats into safe Republican seats.[88]
Sitting six weeks early for the 2002 session, the legislature hoped to complete the district maps in the regular session.[89] Four weeks into the extended session, Senate Republicans produced their first map.
On January 25, 2002, only three days after the legislative session officially convened, three black Congressmen sued, asking Florida's courts to step in and take over drawing maps, contending the legislative process was compromised so long as it remained in Republican hands. House Democrats had sued in the U.S. District Court for Miami, again seeking to have the courts take over redistricting.
In 2001, legislative redistricting plans were initially rejected by the Justice Department because they diluted the power of minorities to elect their candidates of choice.[90] By the end of April, the matter was before the Florida Supreme Court, which had two weeks to endorse the maps or reject them and demand amendments ahead of the 2002 midterm elections. Coinciding with the Supreme Court's May 8, 2002, deadline was the work of a three-member panel of Federal judges, independently scrutinizing the Congressional map at the behest of the earlier Democratic lawsuit.
The Florida Supreme Court approved the Congressional plan while the Federal Court calendared a June 3, 2002, trial over the same map. Democratic Attorney General of Florida Bob Butterworth sued in federal court, seeking the have the map thrown out and the matter turned over to the judicial branch. Governor Jeb Bush chose to file the map with the Justice Department without involving Butterworth.
The trial ran through June 21, 2002. On July 8, the judges ruled they would take over drawing boundaries, but only for state House seats in a few districts. Meanwhile, the Justice Department rejected the map for violating the Voting Rights Act regarding Hispanic voters in Collier County. The House Speaker redrew the map and won approval from the panel of judges the next day, clearing the map to be resubmitted to the Justice Department.[91]
Deviation from Ideal Districts[edit]
| 2000 Population Deviation[92] | |||||||
|---|---|---|---|---|---|---|---|
| Office | Percentage | ||||||
| Congressional districts | 0.00% | ||||||
| State House districts | 2.79% | ||||||
| State Senate districts | 0.03% | ||||||
| Under federal law, districts may vary from an Ideal District by up to 10%, though the lowest number achievable is preferred. Ideal Districts are computed through simple division of the number of seats for any office into the population at the time of the Census. | |||||||
[edit]
There were three lawsuits related to the Florida 2000 census redistricting process.[93]
- Brown v. Butterworth, No. ___________ (Fla. Cir. Ct. Broward Co. June 17, 2002) : State circuit court Judge Robert Lance Andrews ruled that only a federal court had jurisdiction to decide whether the new congressional districts enacted into law are constitutional.
- Martinez v. Bush, No. 02-20244-CIV-JORDAN (S.D. Fla. July 9, 2002) : A three-judge panel upheld the congressional and state House plans against alleged Section 2 violations.
- Martinez v. Bush, 234 F. Supp.2d 1275 (S.D. Fla. Dec.3, 2002) : A three-judge panel upheld the congressional and state Senate and House plans against alleged violations of the Equal Protection Clause, the Civil Rights Act of 1964, and § 2 of the Voting Rights Act of 1965.
See also[edit]
- State Legislative and Congressional Redistricting after the 2010 Census
- State-by-state redistricting procedures
External links[edit]
- Florida Redistricting - website on redistricting run by the Florida House of Representatives
- Florida House of Representatives Redistricting Committee
- Fair Districts Now Previously known as Fair Districts Florida
- Rose Institute of State and Local Government - Florida Redistricting: The Complete Analysis
- Florida Senate Reapportionment Committee Twitter
- Census Viewer Redistricting Analysis
Footnotes[edit]
- ↑ Naples News, "Florida picks up 2 congressional seats, 2010 Census shows," December 21, 2010
- ↑ Rose Report, "Florida Redistricting: The Complete Analysis," February 22, 2010(Archived)
- ↑ 3.0 3.1 3.2 Florida Trend, "Redistricting: Free-for-All in Florida," March 1, 2011
- ↑ Hernando Today, "Fasano resigns from redistricting committee," January 4, 2011
- ↑ Orlando Sentinel, "Cannon taps committee chairs, delays redistricting appointments," December 7, 2010
- ↑ Speaker of the House, "Memo on redistricting committee members," April 8, 2011
- ↑ Miami Herald, "House names its redistricting committees: Weatherford chairs," April 19, 2011
- ↑ Palm Beach Post, "House redistricting panel makes first moves, fights to follow later," April 20, 2011
- ↑ Orlando Sentinel, "Get ready for the start of the redistricting war," April 22, 2011
- ↑ Miami Herald, "Nov. 1 deadline for Florida redistricting plans," September 9, 2011 (dead link)
- ↑ ABC Action News, "Florida lawmakers begin redistricting process," November 4, 2011
- ↑ PR Newswire, "Census Bureau Ships Local 2010 Census Data to Florida," March 16, 2011
- ↑ U.S. Census Bureau, "Florida Custom tables 2010," accessed March 17, 2011
- ↑ Florida Independent, "Redistricting website: Florida’s congressional districts rank among the nation’s least compact," January 31, 2011
- ↑ 15.0 15.1 Reuters, "Florida judge throws out 2012 congressional redistricting plan," accessed July 12, 2014
- ↑ Washington Post, "A Florida judge just voided the state’s congressional districts. Here’s what you need to know.," accessed July 12, 2014
- ↑ Yahoo News, "GOP: No appeal on Florida congressional map ruling," accessed July 15, 2014
- ↑ Miami Herald, "Legislature agrees to redraw invalid congressional districts — for 2016," accessed July 16, 2014
- ↑ Miami Herald, "Senate redistricting committee agrees: Panhandle will be divided North and South," October 5, 2011
- ↑ The Destin Log, "Senate redistricting proposed maps," October 6, 2011 (dead link)
- ↑ Miami Herald, "Fla. Senate panel introduces redistricting plans," December 6, 2011 (dead link)
- ↑ Miami Herald, "Senate redistricting maps appear headed for swift approval," December 6, 2011
- ↑ Orlando Sentinel, "Check out the Legislature’s redistricting handiwork," December 6, 2011
- ↑ Florida Times-Union, "Florida Senate panel OKs redistricting maps after partisan spat," January 12, 2012
- ↑ Tampa Bay Online, "Florida House narrows number of proposed redistricting maps," January 9, 2012
- ↑ Tampa Bay Times, "Florida Senate approves two redistricting maps," January 18, 2012
- ↑ Miami Herald, "House panel approves Florida redistricting plans," January 27, 2012 (dead link)
- ↑ The Washington Post, "Breaking down the Florida GOP’s redistricting map," January 26, 2012
- ↑ newsserviceflorida, YouTube channel
- ↑ South Florida Times, "House Panel Approved Florida Redistricting Plans," February 3, 2012(Archived)
- ↑ CBS Miami, "Florida House Approves New Senate Redistricting Plan," accessed April 22, 2015
- ↑ local10.com, "Florida redistricting plans get final passage," accessed April 22, 2015
- ↑ Florida Today, "Florida congressional redistricting plan approved," February 17, 2012
- ↑ Miami Herald, "With redistricting lawsuit looming, legislators want immunity," February 16, 2012 (dead link)
- ↑ WCTV, "Bondi Asks Florida Justices to Review Redistricting," February 10, 2012
- ↑ Sun Sentinel, "West's move anything but cowardice," February 12, 2012
- ↑ Miami Herald, "Legislators return for special session to redraw rejected Senate map," February 13, 2012 (dead link)
- ↑ Palm Beach Post, "Florida sends Senate maps to U.S. Justice before Supreme Court finishes review," March 30, 2012
- ↑ NBC Miami, "House Passes Florida Redistricting, Goes To Supreme Court," March 27, 2012
- ↑ Miami Herald, "Redistricting fix passed by full Florida Senate," March 22, 2012 (dead link)
- ↑ NECN.com, "Redistricting fix passed by full Florida Senate," March 22, 2012 (dead link)
- ↑ Miami Herald, "Senate revamps redistricting map; critics say it remains flawed," March 22, 2012 (dead link)
- ↑ Miami Herald, "Another divided opinion on redistricting from the Supremes," February 22, 2012
- ↑ Orlando Sentinel, "Supremes set 90-per-side minutes of oral arguments on redistricting," February 20, 2012
- ↑ The Palm Beach Post, "Florida Supreme Court gets Senate redistricting plan, sets arguments for April 20," April 4, 2012
- ↑ Palm Beach Post, "Florida Supreme Court leaves GOP with edge in senate district maps," April 27, 2012
- ↑ Orlando Sentinel, "State congressional, legislative districts approved by Justice Department," April 30, 2012
- ↑ Legal News Line, "Florida AG wants congressional redistricting lawsuit tossed," January 14
- ↑ TCPalm, "Florida to get 2 more seats in House in 2012 based on 2010 Census counts," December 21, 2010
- ↑ Florida Independent, "Bondi asks court to dismiss anti-Amendment 6 lawsuit," January 12, 2011
- ↑ South Florida Times, "Lawsuits challenge Fla. redistricting changes," February 25, 2011
- ↑ The American Independent, "Democrats stand up for ‘Fair Districts’ amendment in court," March 2, 2011
- ↑ Florida Democrats Newsroom, "Florida Democratic Legislators Fight To Protect Will Of Voters On Standards Of Fairness Enshrined In Constitution," March 2, 2011 (dead link)
- ↑ Associated Press, "Fla. House challenges redistricting amendment," January 25, 2011 (dead link)
- ↑ The Ledger, "Fla. House Joins Lawsuit to Strike Down Redistricting Amendment 6," January 24, 2011
- ↑ Florida Independent, "Haridopolos on redistricting: ‘Inherent contradictions’ in ‘Fair Districts’ amendments," January 27, 2011
- ↑ Miami Herald, "Cannon: No plan to challenge 2nd remapping measure," January 29, 2011 (dead link)
- ↑ Ballot Access News, "U.S. District Court Upholds Florida Initiative Telling Legislature that Redistricting Must be Non-Partisan," September 9, 2011
- ↑ The Miami Herald, "Judge dismisses redistricting suit," September 9, 2011 (dead link)
- ↑ Thomson Reuters, "Court to tackle Florida redistricting suit," January 10, 2012
- ↑ Ballot Access News, "Eleventh Circuit Upholds Florida Initiative On Redistricting," January 31, 2012
- ↑ The Miami Herald, "Rick Scott moves to delay redistrict plan," January 25, 2011 (dead link)
- ↑ Sun Sentinel, "League of Women Voters leader presses to implement redistricting reform," January 25, 2011
- ↑ Miami Herald, "Redistricting amendment allies sue Fla. Gov. Scott," February 3, 2011 (dead link)
- ↑ KeysNet, "Keys 5 sue governor over redistricting," February 5, 2011
- ↑ The Palm Beach Post, "Scott sued over redistricting stance," February 3, 2011
- ↑ The Palm Beach Post, "Groups sue Fla. Gov. Scott to move forward with federal OK of redistricting amendments," February 3, 2011
- ↑ Tampa Bay Online, "No movement from Scott on anti-gerrymandering amendments," March 14, 2011
- ↑ Orlando Sentinel, "Is Scott backing down on Fair Districts," March 19, 2011
- ↑ Florida Legislature, "Preclearance Application for Amendments 5 and 6," March 29, 2011
- ↑ St. Petersburg Times, "Florida restarts process to clear voter-approved redistricting standards," March 30, 2011
- ↑ Florida Independent, "Cannon, Haridopolos seek ‘Fair Districts’ preclearance, append qualifications," March 30, 2011
- ↑ Florida Courier, "Scott relents on Florida's Fair District amendments, but reapportionment battles still loom," March 30, 2011
- ↑ St. Petersburg Times, "U.S. Justice Department clears Florida redistricting amendments," June 1, 2011
- ↑ Associated Press, "Judge rules Florida Legislature broke law on maps," July 10, 2014
- ↑ Politico, "Judge tosses Florida congressional map," July 10, 2014
- ↑ The New York Times, "Judge Rules G.O.P. Illegally Redrew Florida Districts," July 10, 2014
- ↑ The News Service of Florida, "Judge rules Florida Legislature broke law on district maps," July 10, 2014
- ↑ The Huffington Post, "Florida Illegally Drew Congressional District Boundaries To Benefit GOP, Judge Rules," July 10, 2014
- ↑ Associated Press, "Florida Legislature asks judge to delay new map," July 17, 2014
- ↑ Reuters, "Judge mulls timetable for redrawing Florida redistricting maps," July 17, 2014
- ↑ Miami Herald, "Legislature agrees to redraw invalid congressional districts — for 2016," July 15, 2014
- ↑ Miami Herald, "Legislators plan to return for redistricting session on Thursday," August 3, 2014
- ↑ Florida Division of Elections, "Voter registration statistics by congressional districts - 2010 elections," October 4, 2010
- ↑ Bradenton Herald, "Congressional boost piques local interest," December 25, 2010
- ↑ St. Petersburg Times, "Redistricting timeline stretches final deadline to June 2012," December 9, 2010
- ↑ Policy Archive, "Reapportionment Politics: The History of Redistricting in the 50 States," Rose Institute of State and Local Government, January 1981 (pg.71-80)
- ↑ Fairvote Archives, "Florida's Redistricting News: (September 30-December 3, 2001)," accessed February 8, 2011
- ↑ Fairvote Archive, "Florida's Redistricting News: (December 29, 2000-September 15, 2001)," accessed February 8, 2001
- ↑ Sacramento Bee, "Republicans face obstacles in redistricting," January 18, 2011 (dead link)
- ↑ Fairvote Archive, "Florida's Redistricting News," accessed February 8, 2011
- ↑ National Conference of State Legislatures, “Redistricting 2000 Population Deviation Table”," accessed February 1, 2011
- ↑ Minnesota State Senate, "2000 Redistricting Case Summaries"
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