Rules — Closed Captions

>> Chair: GOOD AFTERNOON. COMMITTEE ON RULES WILL COME TO ORDER. PLEASE CALL THE ROLL. >> Senator Passidomo: HERE. >> Senator Jones: HERE. >> Senator Avila: HERE. >> Senator Berman: HERE. >> Senator Boyd: HERE. >> Jennifer Bradley: HERE. >> Senator Brodeur: HERE. >> Senator Burgess: HERE. >> Senator Burton: HERE. >> Senator Davis: HERE. >> Senator DiCeglie: HERE. >> Senator Gaetz: HERE. >> Senator Garcia: HERE. >> Senator Grall: HERE. >> Senator Harrell: HERE. >> Senator Hooper: HERE. >> Senator Martin: HERE. >> Senator Osgood: HERE. >> Senator Rodriguez: HERE. >> Senator Rouson: HERE. >> Senator Simon: HERE. >> Senator Trumball: HERE. >> Senator Wright: HERE. A QUORUM IS PRESENT. >> Chair: SILENCE ALL ELECTRONIC DEVICES. SENATE BILL SIX D MEDICAL FREEDOMS IS POSTPONED. ANYONE WISHING TO SPEAK BEFORE THE COMMITTEE FILL OUT AN APPEARANCE FORM AND WE THOUGHT WE WOULD HAVE A LINE SET UP BUT WE STILL NEED TO DO THAT FOR THE SPEAKERS WHO WILL BE COMING TO DO IT. THIS IS WHAT WE WILL DO. FILL OUT AN APPEARANCE FORM AND HOLD ONTO IT UNTIL A MEMBER OF THE SERGEANTS OFFICE COLLECTS A COPY WHEN YOU GET IN LINE TO SPEAK AND THAT WILL HAPPEN LATER ON IN THE PROCEEDINGS. SHOULD YOU SELECT WAIVE YOUR SPEAKING TIME GO AHEAD AND GIVE YOUR FORM TO THE SERGEANTS OFFICE AND I WILL READ YOUR POSITION INTO THE RECORD. I THINK IT WILL BE A LONG DAY SO IF ANYONE NEEDS AN ACCOMMODATION PLEASE SEE THE SERGEANTS OFFICE FOR ASSISTANCE. OKAY. WE WILL TAKE UP TAB NUMBER FOUR. THE PRESENTATION ON THE CONGRESSIONAL REAPPORTIONMENT BY THE GOVERNOR'S OFFICE. ONCE THE PRESENTATION CONCLUDES PLEASE DIRECT ALL QUESTIONS, MEMBERS, PLEASE DIRECT ALL TO THE MAPS AS PRESENTED. ANY QUESTIONS THAT HAD SHOULD BE ASKED OF THE PRESENTERS AND NOT WHEN WE ARE ON THE BILL UNLESS YOU HAVE A QUESTION SPECIFICALLY FOR SENATOR GAETZ THEN WE WILL HAVE TIME FOR THAT WHEN WE TAKE OF THE BILL. DID YOU HAVE LUNCH? DID YOU HAVE A CHANCE TO GO TO THE RESTROOM? ARE YOU ALL SET? WE WILL START WITH JASON PAREDA, YOU WILL GO FIRST THEN MO JAZEEL. >> CAN WE SWITCH? AND HAVE MO GO FIRST, IF THAT'S OK? >> Chair: SURE. YOU ARE RECOGNIZED. >> THANK YOU CHAIR, VICE CHAIR, MEMBERS OF THE COMMITTEE I APPRECIATE THE OPPORTUNITY TO SPEAK WITH YOU TODAY. WERE REMARKS WILL BE LIMITED TO THE EXECUTIVE BRANCH'S LEGAL POSITION ON REDISTRICTING. I HAD A DRAWN EVERY DISTRICTING PLAN AND DO NOT INTEND TO DRAW A REDISTRICTING PLAN SO I LEAVE IT TO MR. PARADA TO ADDRESS ANY FACTUAL QUESTIONS PARTICULARLY ABOUT THE PLAN YOU WILL SEE HERE TODAY. TO BEGIN I NOTE THAT THERE IS NOTHING AND THE FEDERAL OR STATE CONSTITUTIONS THAT PROHIBIT MIDCYCLE CONGRESSIONAL REDISTRICTING. THE GOVERNOR STATED REASONS FOR REDRAWING THE CONGRESSIONAL PLAN NOW ARE TWOFOLD. ONE IS TO ACCOUNT FOR THE GREATER POPULATION GROWTH BETWEEN 2020 AND 2025 IN THE SUBURBAN COMMUNITIES THROUGHOUT THE STATE AND TWO IT IS TO ENSURE THE STATE HAS A RACE NEUTRAL CONGRESSIONAL PLAN. AS YOU KNOW BETWEEN CENSUSES THE AMERICAN COMMITTEE SURVEY AND STATE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH PUTS AT HIGH QUALITY ESTIMATES OF GROWTH AT THE COUNTY LEVEL. THE DATA IS NOT BROKEN DOWN INTO THE GRANULAR DETAIL NEEDED AT THE CENSUS BLOCK LEVEL TO DRAW CONGRESSIONAL MAP SO IT IS FINE TO ACCOUNT THE COUNTY LEVEL DATA BUT THEN DRAW A MAP USING THIS DATA THAT COMPLIES WITH THE FEDERAL CONSTITUTIONS ONE PERSON ONE VOTE STANDARD. THE SUPREME COURT IN 2006 AND ITS DECISION AND GEORGE'S VERSUS ASHCRAFT 212-2003 ALLOW FOR THIS. NEXT IS THE USE OF RACE IN REDISTRICTING. IT IS AN EVOLVING AREA OF THE LAW. WE HAD SEVERAL IMPORTANT CASES DECIDED AT THE FEDERAL AND STATE LEVEL SINCE ARTICLE THREE SECTION 20 A WAS ADDED TO THE FLORIDA CONSTITUTION AFTER THE 2010 ELECTION AND AS YOU LIKELY HEARD THE SUPREME COURT IS POISED TO ADDRESS THE ISSUE AGAIN IN A CASE CALLED LOUISIANA VERSUS CALAIS THE LEVEL DISCUSS THIS OUTSIDE OF THIS DISTRICT CASES CONCERNING THE PROTECTION CLAUSE SAY SOME DISTINCTIONS ARE SO ODIOUS AND SUSPECT THAT THEY NEED TO PASS THE STRICTEST OF SCRUTINY. THE STAND. THIS IS AN EXAMPLE RACE IS AN EXAMPLE OF THIS ODIOUS SUSPECT CLASSIFICATION. IN SIMPLE TERMS IF YOU'RE MAKING DISTINCTIONS BASED ON RACE THE CONSTITUTIONAL BAR THAT YOU HAVE TO MEET IS REALLY REALLY HIGH. ALMOST INSURMOUNTABLE. SO YOU CAN NEVER CLEAR THAT BAR NOR SHOULD YOU IF YOU TRY TO PASS A LAW THAT SEGREGATES KIDS IN SCHOOLS BASED ON RACE OR IF YOU PASS AN ANTI DISSEMINATION LOG. IN REDISTRICTING HOWEVER WE TRIED TO TAKE RACE INTO ACCOUNT IN THE LEGISLATIVE PROCESS. WE TRIED TO BE RACE CONSCIENCE WITHOUT HAVING RACE PREDOMINATE. THE PROBLEMS WITH THAT IT'S A DIFFICULT LINE TO DRAW AND IS ALSO A LINE THAT IS INCONSISTENT WITH EQUAL PROTECTION PRINCIPLES. THE GOVERNOR'S POSITION IS THIS RACE SHOULD NOT BE USED AT ALL WHEN DRAWING DISTRICTS. WE SHOULD INSTEAD ADHERE TO THE BASIC BACKGROUND EQUAL PROTECTION PRINCIPLES THAT'S A RACE HAS NO ROLE IN THE PROCESS. AGAIN THERE ARE THREE BENEFITS TO THIS APPROACH, ONE IT IS CONSISTENT WITH THE OVERWHELMING WEIGHT OF THE EQUAL PROTECTION CASE. WE ARE NOT DISCRIMINATING BASED ON RACE. TWO IT AVOIDS QUESTIONS LIKE WHAT LEVEL OF RACE CONSCIOUSNESS IS ENOUGH, WHAT LEVEL OF RACE CONSCIOUSNESS IS TOO MUCH, THOSE ARE DIFFICULT QUESTIONS AND IT AVOIDS THOSE QUESTIONS. THREE IT PUTS US IN A POSITION TO WHERE WE ARE GOING TO BEST COMPLY WITH THE CALAIS DECISION WHEN IT COMES OUT. I ALSO WANT TO TALK ABOUT THE VOTING RIGHTS ACT IN ARTICLE THREE SECTION 28 OF THE FLORIDA CONSTITUTION. THESE ARE FLORIDA'S ANALOG VOTING RIGHT ACT. AT THE FUNDAMENTAL LEVEL, IF COMPLIANCE WITH THE VOTING RIGHTS ACT OF THE FLORIDA CONSTITUTION REQUIRES THAT YOU VIOLATE THE EQUAL PROTECTION CLAUSE THE EQUAL PROTECTION CLAUSE TRUMPS THE SUPERIOR LAW U.S. CONSTITUTION SAYS IT'S A SUPREME LAW OF THE LAND. WHEN IT COMES TO THE VR A PARTICULAR THE SUPREME COURT HAS ASSUMED WITHOUT DECIDING. ASSUMED WITHOUT DECIDING FOR DECADES THAT COMPLYING WITH THAT STATUTE IS A COMPELLING INTEREST THAT JUSTIFIES BEING RACE CONSCIOUS IN THE REDISTRICTING PROCESS. IN PART BECAUSE THE VOTING RIGHTS ACT WHEN IT WAS ENACTED IN THE 60s WAS ENACTED WITH A ROBUST LEGISLATIVE RECORD DETAILING THE HISTORY OF RACE BASED DISCRIMINATION THAT NEEDED A RACE BASED SOLUTION. IT WAS ALSO ENACTED BY CONGRESS CONSISTENT WITH CONGRESS' EXCLUSIVE POWERS UNDER SECTION TWO OF THE 15th AMENDMENT TO THE U.S. CONSTITUTION ONLY CONGRESS GETS TO IMPLEMENT THAT AMENDMENT NOT THE STATES. CALAIS IS GOING TO DEAL WITH TENSION AND THAT IS INHERENT IN TRYING TO HAVE A RACE BASED SOLUTION THAT IS INCONSISTENT WITH THE BROADER THEMES OF THE EQUAL PROTECTION CLAUSE UNDER THE 14th AMENDMENT. THE NOTION OF RACE CONSCIOUSNESS AND PREDOMINANCE. CALAIS ALSO HAS AN UNUSUAL PROCEDURAL HISTORY. IT WAS RELISTED AND RE ARGUED. IN OTHER CASES THAT HAVE BEEN RELISTED AND WE ARGUED IS BROWN VERSUS BOARD OF EDUCATION, ROE VERSUS WADE, CITIZENS UNITED, THESE ARE BIG SEMINOLE CASES SO THERE IS CONSIDERATION THAT THIS WILL BE A BIG SEMINOLE CASE AS WELL. I WILL TURN NOW TO THE FLORIDA CONSTITUTION AND ARTICLE THREE SECTION 28. WHEN IT WAS ADDED TO THE FLORIDA CONSTITUTION IT WAS ADDED THROUGH A CITIZEN INITIATIVE PROCESS. THERE WAS NO LEGISLATIVE RECORD UNLIKE THE VOTING RIGHTS. ALSO AS I POINTED OUT SECTION TWO OF THE 15th GIVING EXCLUSIVE POWER TO CONGRESS AND NOT THE STATE REMEMBER THIS WAS THE RECONSTRUCTION AMENDMENT. THEY WERE TAKING POWER AWAY FROM THE STATE. SO THE STATES DON'T HAVE THE POWER UNDER SECTION TWO OF THE 15th AMENDMENT TO DO THINGS [INAUDIBLE]. AND THE FLORIDA SUPREME COURT RECENTLY RECOGNIZED IN JAX RECOGNIZED IN BLACK VOTERS MATTERS ARE TRYING TO COMPLY WITH THE FLORIDA ANALOG THE FLORIDA RACE BASED PROVISIONS ARTICLE THREE SECTION 20 IS NOT A COMPELLING INTEREST FOR THE USE OF [INAUDIBLE]. THIS BRINGS US TO THE INEVITABLE CONCLUSION OF A LOGICAL CHANGE IF TO THE FLORIDA CONSTITUTION AS THE BASIS TO USE RACE THAN WHAT EFFECT IF ANY SHOULD THE RACE BASED PROVISIONS IN ARTICLE THREE SECTION 28 HAVE AND THE GOVERNOR SAYS THEY SHOULD HAVE NO FACT. EVERY TIME YOU TRY TO COMPLY WITH ARTICLE THREE SECTION 20 A YOU ARE FORCED TO LOOK AT RACIAL DATA, ASSESS WHETHER SORTING PEOPLE ON THE BASIS OF RACE IS FEASIBLE AND WHETHER THIS RESULTS IN THE KIND OF PERFORMANCE YOU WANT IN A PARTICULAR REGION OR RACE. THE ENTIRE EXERCISE IT IS THE GOVERNOR'S POSITION IS INCONSISTENT WITH THE EQUAL PROTECTION CLAUSE OF THE 14th AMENDMENT. AGAIN THE EQUAL PROTECTION CLAUSE BEING THE SUPREME LAW OF THE LAND AS THE U.S. CONSTITUTION PUTS IT IN THE SUPREMACY CLAUSE. BECAUSE RACE BASED PROVISIONS IN ARTICLE THREE SECTION 20 ARE INCONSISTENT WITH FEDERAL LAW THE NEXT QUESTION BECOMES WHAT ABOUT THE REST OF ARTICLE THREE SECTION 28 THAT HAS OTHER THINGS IN IT? THE EXECUTIVE BRANCH POSITION ON THIS IS THIS, THE REST OF ARTICLE THREE SECTION 20 CAN'T BE SAVED. IT IS IN SEVERABLE FROM THE OTHER PROVISIONS. WHY? ARTICLE THREE SECTION 28 WAS SOLD TO VOTERS IN 2010 AS A PACKAGE. IT WAS REVIEWED BY THE FLORIDA SUPREME COURT TO ASSESS WHETHER OR NOT THE VARIOUS COMPONENTS OF THAT PACKAGE WERE DIRECTLY CONNECTED TO ONE ANOTHER WHICH IS THE TEST REQUIRED UNDER ARTICLE 11 SECTION THREE THE CITIZEN INITIATIVE PART OF THE FLORIDA CONSTITUTION. QUOTE THE FLORIDA SUPREME COURT FROM 2009 ALL OF THESE PROVISIONS IMPORTANT ASPECT OF A SINGLE DOMINANT PLANNER SCHEME. NEXT, WHEN PRESENTED TO THE VOTERS IN 2010 ARTICLE THREE SECTION 20 DID NOT HAVE A SEVERABILITY CLAUSE AND DID NOT SAY IF ONE PART OF THIS IS FOUND TO BE UNCONSTITUTIONAL IT WILL REMAIN OR STAND CONTRASTED WITH THE TERM LIMIT PROVISION ADDED BY THE VOTERS IN THE 90s. THIS WAS A PROVISION THAT SAID THERE SHOULD BE TERM LIMITS FOR MEMBERS OF CONGRESS AND THERE SHOULD BE TERM LIMITS FOR MEMBERS OF THE LEGISLATURE. THE PART ABOUT MEMBERS OF CONGRESS WAS STRUCK DOWN BECAUSE IT VIOLATED THE QUALIFICATIONS CLAUSE OF THE U.S. CONSTITUTION AND THE REMAINDER STILL STOOD ON THE BOOKS. WHY? THERE WAS A SEVERABILITY CLAUSE AND IT COULD WORK TOGETHER BRINGING ME TO MY FINAL POINT ABOUT SEVERABILITY. YOU ALL HAVE GONE THROUGH THE REDISTRICTING PROCESS AND YOU KNOW IT IS A TIERED STANDARD. IT IS A TIER ARCHITECTURE. THESE PROVISIONS WERE PRESENTED TO THE VOTERS AS A TEAR. THEY WERE CONCEIVED OF AS A TEAR AND APPROVED OF AS A TEAR AND ONCE YOU START TAKING OUT A TEAR FROM THIS THE STRUCTURE FALLS. IT IS NOT SEVERABLE. AND BECAUSE IT IS NOT SEVERABLE. IT DOES NOT APPLY AND SHOULD NOT APPLY. SENATORS, THE ISSUES ON THE TABLE ARE WEIGHTY BUT THE GOVERNOR'S POSITION HAS THE BENEFIT OF BEING CONSISTENT, SIMPLE, AND LIKELY RIGHT. I WILL STOP THERE AND I'M HAPPY TO ANSWER LEGAL QUESTIONS AT THE END OF THE PRESENTATION MADAM PRESIDENT WITH YOUR PERMISSION I WOULD LIKE TO ASK MR. PARETO TO SHARE THEM UP. >> Chair: THAT MAKES SENSE BECAUSE WE CAN HEAR THE WHOLE PRESENTATION AND MEMBERS START WRITING DOWN YOUR QUESTIONS THEN WE’LL GO BETWEEN THEM. YOU ARE RECOGNIZED FOR YOUR PRESENTATION OF THE MAP. >> THANK YOU. DO YOU KNOW HOW TO MOVE THE POWERPOINT? >> Chair: I AM NOT IN CHARGE OF THE POWERPOINT. WE'D END UP IN JAIL. >> ALL RIGHT ONE SECOND. THERE WE GO. ALL RIGHT. >> Chair: YOU ARE RECOGNIZED. >> THANK YOU CHAIR, VICE CHAIR AND THE REST OF THE COMMITTEE THANK YOU HAVE ME TODAY. I'M CURRENTLY EMPLOYED WITH OFFICE OF POLICY AND BUDGET IN THE EXECUTIVE OFFICE OF THE GOVERNOR. I HAVE BEEN DRAWING REDISTRICTING MAPS SINCE ABOUT IN THE 201212 REDISTRICTING CYCLE JOINING THE LEGISLATIVE COMMITTEE STAFF IN LATE 2010. IT HAS BEEN 15 TO 16 YEARS OF ME DEALING WITH REDISTRICTING IN ONE WAY OR ANOTHER. I WAS ON STAFF IN 2012 AND IN 2022 DOING THE REGULAR REDISTRICTING PROCESS. I WAS ALSO INVOLVED DURING LITIGATION THAT PRECEDED AND HAPPENED AFTER THE PROCESS FROM 2022. MOST RECENTLY HAVING TO TESTIFY IN THE SOUTHERN DISTRICT OF FLORIDA THIS PAST JANUARY IN A CASE WHERE SOME HOUSE DISTRICTS AND CONGRESSIONAL DISTRICTS HAD AN ISSUE. I HAVE HAD EXTENSIVE EXPERIENCE WITH REDISTRICTING AND I'M HAPPY TO PRESENT THIS MAP TO YOU. AND BEFORE I GO INTO THE PLAN I KNOW MANY OF YOU HAVE HAD SOME EXPERIENCE WITH REDISTRICTING AND I RECOGNIZE A LOT OF YOU FROM WHEN YOU ARE IN THE HOUSE BUT QUICKLY TO MAKE SURE WE ARE ON THE SAME PAGE THERE ARE SOME TERMS AND NUMBERS I WANT TO MAKE SURE WE ARE AWARE OF AS WE GO FORWARD. FIRST THE U.S. CENSUS BUREAU IS THE THAT OF THE FEDERAL GOVERNMENT THAT APPORTIONS THE 435 HOUSE DISTRICTS TO THE RESPECTIVE 50 STATES AND IN 2021 OF FLORIDA RECEIVED THAT 28 WHICH WAS ONE MORE PREVIOUSLY AWARDED TO FLORIDA AFTER THE 2010 CENSUS. OUR POPULATION FLORIDA'S TOTAL POPULATION FROM THE 2020 CENSUS WAS 21,538,187. DIVIDE THE NUMBER BY 28 AND YOU GET THE IDEAL POPULATION OF A CONGRESSIONAL DISTRICT WHICH IS 706 AND 9,221 EXACTLY. UNLIKE IN THE STATE LEGISLATIVE REDISTRICTING WHERE THE STANDARD OF THE QUALITY IS THAT THE DISTRICTS BE SUBSTANTIALLY EQUAL WHERE COURTS HAVE INTERPRETED THAT YOU GET A LITTLE BIT OF LATITUDE WITH THAT TYPICALLY ACT MOST ABOUT PLUS 5 PERCENT OR A 10 PERCENT MARGIN. WITH CONGRESSIONAL REDISTRICTING THE STANDARD IS THAT THEY HAVE TO BE AS NEARLY EQUAL AS POSSIBLE WHICH HAS BEEN INTERPRETED OVER THE YEARS SINCE THE 60s TO MEAN EXACT POPULATION EQUALITY MEANING EVERY DISTRICT HAS TO HIT THAT EXACT IDEAL POPULATION TO THE SINGLE PERSON IN FLORIDA AFTER THE 2020 CENSUS IT MEANS 27 OF THE 20 DISTRICTS WILL HAVE 769,221 PEOPLE EXACTLY. ONE DISTRICT WILL HAVE ONE FEWER PERSON THAN THAT. AND YOU CAN SEE HERE THE DIFFERENCE BETWEEN 2010 AND 2020 CENSUS AND HOW MUCH THE POPULATION HAS CHANGED WHICH WAS JUST OVER 2.7 MILLION PEOPLE GAINING ONE SEAT AND YOU CAN SEE THE DIFFERENCE THAT HAPPENS WITH THE MAP AN IDEAL POPULATION OF THE DISTRICT AS IT CHANGES THROUGHOUT THE DECADE. WE KNOW THAT FROM THE LEGISLATIVE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH THROUGH THE USE OF THE AMERICAN COMMUNITY SURVEY WHICH IS A ROLLING SAMPLE PROVIDED BY THE U.S. CENSUS BUREAU WHERE THEY SAMPLE ONE TO 3 PERCENT OF THE U.S. POPULATION EVERY YEAR AND COME UP WITH POPULATION ESTIMATES FOR FLORIDA. WE KNOW THAT WE HAVE GAINED APPROXIMATELY ABOUT 9 PERCENT OF THE POPULATION. WHICH TRANSLATES TO JUST OVER 1.8 MILLION PEOPLE ON TOP OF WHAT WE HAD IN 20 THAT NUMBER 1.8 MILLION IS AFTER THE LAST ESTIMATE THAT WAS PUBLISHED IN JULY OF LAST YEAR, WHICH IS AFTER APRIL. EVERY YEAR THEY SURVEY AND THE UPDATED IN APRIL WITH THE RESULTS RELEASED IN JULY. THIS IS ALMOST A YEAR OLD ALMOST FIVE YEARS AFTER THE PREVIOUS CENSUS FLORIDA HAS GAINED 1.8 MILLION PEOPLE REPORTING POPULATION ESTIMATES. WITH REDISTRICTING BECAUSE WE HAVE TO REDISTRICT DOWN TO THE SINGLE PERSON WITH SUCH EXACTNESS WE HAVE TO USE THE 2020 CENSUS BLOCK INFORMATION AND HOW THEY LOOK. THAT WILL BE THE NEXT POINT. THE CENSUS BOX IS THE SMALLEST UNIT OF GEOGRAPHY PROVIDED TO US FOR THE PURPOSE AND WHEN I SAY US I MEAN EVERY STATE FOR THE PURPOSE OF REDISTRICTING. YOU CAN SEE IT AND HERE ARE SOME EXAMPLES. SOMETIMES THEY ARE IRREGULARLY SHAPED. SOMETIMES THEY HAVE ZERO PEOPLE. SOMETIMES THEY HAVE THOUSAND. SOMETIMES THEY ARE IRREGULARLY SHAPED AND SOMETIMES ARE VERY FEW PEOPLE AND IT VARIES GREATLY. WHEN WE TALK ABOUT DRAWING DISTRICT, WHICH IS A TERM THAT GETS THROWN AROUND AND REDISTRICTING REALLY IT IS NOT DRAWING WE CANNOT PUT LINES WHEREVER WE WANT. WE HAVE TO USE THE CENSUS GEOGRAPHY AND ASSOCIATED DEMOGRAPHIC INFORMATION WITH EACH INDIVIDUAL CENSUS AND BUILD THE DISTRICT THAT WAY. IT'S ALMOST LIKE BUILDING A PUZZLE MORE THAN IT IS DRAWING A DISTRICT BUT DRAWING IS THE TERM WE USE BUT THESE ARE THE CHALLENGES WE HAVE. SOMETIMES YOU MIGHT WANT TO PUT A LINE FOR REDISTRICTING IN A PARTICULAR PLACE BUT YOU DON'T HAVE THE CENSUS GEOGRAPHY AVAILABLE TO DO SO. WE ARE LOCKED INTO THE GEOGRAPHY PROVIDED IN FLORIDA. HERE IN FLORIDA WE HAVE 390,066 CENSUS BLOCKS AND THAT ALL NEED TO BE ACCOUNTED FOR WHETHER THEY HAVE ZERO POPULATION OR 10,000 PEOPLE ARE SOMEWHERE IN BETWEEN OR SOME OTHER NUMBER. THE MAP THAT WE ARE PRESENTING HERE TODAY QUICKLY, AS A PRACTICAL MATTER WHEN I REFER TO THE BENCHMARK MAP I AM REFERRING TO THE CURRENTLY ENACTED CONGRESSIONAL MAPS SO THERE IS NO CONFUSION THIS IS THE PROPOSED MAP I'M PRESENTING TODAY. IS THE ONE CURRENTLY ENACTED. THE MATHEMATICAL COMPACTNESS SCORES ON AVERAGE FOR THIS MAP ARE CONSISTENT WITH THAT OF THE BENCHMARK MAP. THE RE UP SCORE WHICH IS A MATHEMATICAL MEASURE WHICH COMPARES THE AREA OF DISTRICTS TO THAT OF A CIRCLE, THE SMALLEST CIRCLE THAT CAN FIT AROUND THE DISTRICT AVERAGE SCORE FOR THE 20 DISTRICTS IN THIS MAP IS .46 CONSISTENT WITH THE BENCHMARK MAP SAME WITH THE POLE POPPER SCORE WHICH MEASURES THE AREA OF THE CIRCLE OF THE SAME PERIMETER THAT IS OF THE DISTRICTS IN THE MAP AND THE AVERAGE IS .81 WHICH IS CONSISTENT WITH THE BENCHMARK MAP AND THE LAST COMPACTNESS SCORE THAT COURTS USE ALL AROUND THE COUNTRY IS THE SCORE THAT PREPARES IT TO THE SMALLEST POLYGON SHAPED THINK OF A RUBBER BAND GOING AROUND THE DISTRICT AND THE AREA OF THE POLYGON COMPARED TO THE AREA THE DISTRICT ALSO CONSISTENT WITH THE BENCHMARK SCORE FOR THAT IS .01 ON AVERAGE. IN ADDITION THE LEGISLATURE'S MAP DRAWING TOOL WHICH WE ALL USED IN THE LAST REDISTRICTING HAS A BOUNDARY ANALYSIS TOOL THAT MEASURES HOW MUCH BOUNDARY OF THE DISTRICTS FOLLOW SOME TIME THE MAJOR GEOGRAPHICAL FEATURES OR POLITICAL BOUNDARIES THAT WE HAVE IN THE SYSTEM. THINK ROADWAYS, MAJOR ROADWAYS, WATERWAYS, COUNTY LINES, MUNICIPAL LINES, AND THE PERCENTAGE OF THE DISTRICT BOUNDARIES THAT FOLLOW THOSE LINES IN THIS NEW MAP ON AVERAGE 85.7 PERCENT OF THE BOUNDARIES FOLLOW THOSE BOUNDARY LINES. IN ADDITION THE MAP KEEPS 48 OF THE 67 COUNTIES WHOLE AND IT KEEPS 382 OF THE 41212 PRINCIPALITIES WHOLE, WHICH IS APPROXIMATELY JUST OVER 93 PERCENT OF THEM IS A VALID IN FLORIDA CAP HOLE IN ONE DISTRICT OR ANOTHER. I WILL WALK YOU THROUGH THE MAP KIND OF DISTRICT BY DISTRICT BUT FIRST THERE ARE SEVEN DISTRICTS IN THIS MAP THAT HAVE NOT CHANGED AT ALL. THAT IS DISTRICT ONE THROUGH SEVEN. THERE ARE TEN OTHER DISTRICT WHICH ARE LARGELY THE SAME IF NOT ALMOST EXACTLY THE SAME TO WHAT THEY ARE ON THE BENCHMARK. REALLY THERE ARE 11 DISTRICTS ON THIS MAP THAT HAVE CONSIDERABLE CHANGE COMPARED TO THE BENCHMARK MAP. THAT WE CURRENTLY HAVE. THE BIGGEST CHANGE FROM THIS MAP TO THE BENCHMARK MAP THAT WE HAVE IS THAT AS A RACE NEUTRAL WAY. I DID NOT CONSIDER RACE AT ALL. ALSO I TRIED TO CONSIDER WHERE THE CHANGING POPULATIONS ARE BASED ON THIS ESTIMATE. WE CANNOT ASSIGN TO CENSUS BLOCKS OR EQUALIZE POPULATION BASED ON ESTIMATES BUT WE CAN KNOW WHICH COUNTIES GO FASTER THAN OTHERS AND WHICH ARE GOING FASTER THAN THE STATE AVERAGE OR SLOWER THAN THE STATE AVERAGE AND TRY TO ACCOUNT FOR THOSE IN THE ORIENTATION OF THE DISTRICT. SO THOSE POPULATIONS CAN BE ACCOUNTED FOR IN SOME WAY. BECAUSE I DREW THIS MAP RACE NEUTRAL THE BIGGEST CHANGE YOU WILL SEE IS CONGRESSIONAL DISTRICT 28 WHICH IS CURRENTLY IN PALM BEACH AND BROWARD COUNTY WHICH HAS ARMS THAT EXTEND OUT INTO A MORE POPULATED AREA FROM THE UNPOPULATED AREA OF BOTH OF THOSE COUNTIES IN BOTH BROWARD AND PALM BEACH COUNTY. THAT DISTRICT IS ABSENT FROM THIS MAP BECAUSE I DREW IT AGAIN IN A RACE NEUTRAL WAY. THAT IS WHERE I WILL START BECAUSE THAT IS WHAT THE BIGGEST CHANGE WAS WENT TO A LOT OF OTHER CHANGES THROUGHOUT THE MAP. THE FIRST DISTRICT I WILL TALK ABOUT IS DISTRICT 21 THE DISTRICT YOU WILL NOTICE IS VERY SIMILAR TO THE BENCHMARK MAP IT CONTAINS ALL OF ST. LUCIE COUNTY, ALL OF MARTIN COUNTY, THEN IT GETS THE REMAINING POPULATION FROM THE NORTHERN PART OF PALM BEACH COUNTY AS IT DOES TODAY. IT'S BOUNDARY WITHIN PALM BEACH COUNTY IS SLIGHTLY DIFFERENT THOUGH IT HAS THE EXACT SAME SHARE OF COUNTY POPULATION FOR THE DISTRICT BUT IN ORDER TO ORIENT IT MORE DIFFERENT WITHOUT THE CONSIDERATIONS OF C 20 PALM BEACH COUNTY WE ARE ABLE TO CHANGE THE BOUNDARY THERE FOR THAT DISTRICT. AND THE NEXT DISTRICT THAT I DRILLED IS DISTRICT 23. COMING DOWN HERE. WHERE POSSIBLE WHEN I WAS DRAWING MAPS FOR THE PAST 15 YEARS I TRIED TO WHERE I COULD AND WHERE IT WAS FEASIBLE TO PUT AN ENTIRE DISTRICT WITHIN A LARGE COUNTY IF IT COULD NOT BE KEPT ENTIRELY WHOLE WITHIN SOME DISTRICTS LIKE SMALLER COUNTIES CAN. THIS IS MY ATTEMPT OF DOING THAT IN PALM BEACH COUNTY. DISTRICT 23 STARTS WHERE DISTRICT 21 ENDS AROUND THE RIVIERA DEZ RIVIERA BEACH AREA AND IT FOLLOWS ON THE EASTERN SIDE OBVIOUSLY THE COAST ALL THE WAY DOWN AND ON THE WESTERN SIDE I TRIED TO FIND EASILY RECOGNIZABLE BOUNDARIES TO ESTABLISH THE WESTERN BOUNDARY OF DISTRICT 23 AS A TRAVEL SOUTH FOR PALM BEACH COUNTY. YOU CAN SEE THE FLORIDA TURNPIKE IS ONE. IF YOU CAN SEE THE MUNICIPAL LINES OF GREEN ACRES WERE POPS OUT A LITTLE BIT. FINALLY SETTLING AT U.S. 441 STATE ROUTE SEVEN STRAIGHT DOWN THE HALLWAY RIGHT BEFORE YOU GET INTO THE LESS POPULATED EVERGLADES PORTION OF PALM BEACH COUNTY. IT GO SOUTH UNTIL YOU NEED TO EQUALIZE POPULATION AROUND THE DELRAY BEACH AREA. AS EVERY DISTRICT HAS TO HAVE AN EQUAL POPULATION IT ONLY GOES SO FAR SOUTH AND ALL THE CENSUS BLOCK GROUPS FROM DIFFERENT POPULATIONS JUST TO DO IT AND THAT IS WHY IT IS. NEXT, WHAT I DID WAS IT'S CUT OFF ON THE PAGE BUT AS YOU CAN GET TO THIS IN THE PRESENTATION THE REMAINING PORTION OF PALM BEACH COUNTY AND THE MOST POPULATED AREA FOLLOWING THE SAME 441 ROAD ALL THE WAY SOUTH TO THE BROWARD COUNTY LINE IS ABOUT 230,000 PEOPLE INCLUDING THE CITY OF BOCA RATON. I PUT THAT INTO THE DISTRICT AS A PLACEHOLDER KNOWING IT HAD TO BE CONNECTED SOMEWHERE ELSE TO GET THE REMAINING POPULATION DISTRICT BUT NOT KNOWING IF I WAS GOING TO GO WEST OR CONTINUE SOUTH OR WHAT IT WAS GONNA LOOK LIKE BUT I KNEW IT HAD TO BE THERE AND I LIKE THE WESTERN BOUNDARY ALONG U.S. 441 SO I PUT IT AS A PLACEHOLDER AND MOVED TO A DIFFERENT PART OF THE MAP. THE SOUTHERN PART OF THE MAP. THIS HAPPENS A LOT WITH REDISTRICTING. PEOPLE THINK OF REDISTRICTING AS A SEQUENTIAL SEQUENCE YOU START WITH DISTRICT ONE AND YOU CONTINUE ON THROUGHOUT THE MAP YOU START AT THE BOTTOM AND YOU WORK YOUR WAY UP. REALLY WHAT HAPPENS IS IT IS AN ITERATIVE PROCESS AND IN ORDER TO NOT BOX YOURSELF IN TO FORCING YOURSELF INTO CERTAIN DECISIONS YOU OFTEN JUMP AROUND THE MAP STARTING FROM THE SOUTH AND THE NORTH WORKING YOUR WAY TOWARD THE MIDDLE AND THAT IS WHAT I DID HERE. I MOVED SOUTH INTO MONROE COUNTY TAKING DISTRICT 28 INTO WAY THAT IT DOES IN THE BENCHMARK MAP. CERTAIN DISTRICTS LIKE DISTRICT ONE AND TWO IN THE PANHANDLE ARE BOXED IN ON THREE SIDES AND CAN REALLY ONLY GO ONE WAY SO THE DISTRICT ONLY DRAWS IT SELF ONE WAY IN THE PANHANDLE SIMILAR TO THE SOUTHERN PART OF THE STATE THERE IS MONROE COUNTY ATTACHED TO MIAMI DADE AS IT COMES NORTH AND THERE IS ONLY ONE WAY TO DO IT. SO YOU COME UP AND THE BOUNDARIES WITHIN THE COUNTY ARE IDENTICAL AS THEY ARE ON THE BENCHMARK MAP BECAUSE THERE WAS NO REASON TO CHANGE THAT DISTRICT. DISTRICT 27 IN A SIMILAR WAY A COMPACT DISTRICT MAY BE ONE OF THE MOST COMPACT ON THE MAP. WE MADE A SLIGHT CHANGE TO THE WESTERN SIDE TO CLEAN UP HOW IT EQUALIZES POPULATION BUT OTHERWISE IS IDENTICAL TO THE CURRENT MAP. NEXT WORKING UP FROM THERE WITH MY EXPERIENCE WITH THE KIDANOS TRIAL THIS PAST JANUARY I KNOW THE CITY OF MIAMI WAS DIVIDED INTO THREE DIFFERENT DISTRICTS BECAUSE THERE WAS A DISTRICT THAT CAME ON TOP OF DISTRICT 27 WHICH IN THE ENACTED MAP IS DISTRICT 26 THAT WENT UNDER DISTRICT 24 THAT WAS DONE TO EQUALIZE SOME OF THE RACIAL ASPECTS OF THAT DISTRICT BUT WE ARE DRAWING RACE NEUTRAL HERE SO I TRIED TO SPLIT MIAMI IF I COULD WITH DISTRICT 24 TWICE. BY DOING SO THAT WHOLE DISTRICT TO THE CURRENT DISTRICT 24 WAS PULLED AWAY FROM THE COAST IT WAS AN AREA OF MIAMI THAT WAS DENSELY POPULATED AND THERE WERE MANY PEOPLE. ADDING THIS TO DISTRICT 24 IN ORDER TO HOPEFULLY RESPECT THE MUNICIPAL BOUNDARIES OF THE CITIES ON THE COAST THAT DISTRICT GOT PULLED MORE CENTRALLY INTO THAT PART OF NORTHERN MIAMI DADE COUNTY. THEN WE WENT NORTH TRYING TO RESPECT AS MANY MUNICIPLE BOUNDARIES AND MAJOR ROADS AS I COULD UNTIL HE GOT TO THE BROWARD COUNTY LINE WHERE WE STILL NEEDED ADDITIONAL POPULATION WHERE IT IS NOW IN THE CURRENT MAP AND WENT INTO BROWARD COUNTY IN A WAY TO EQUALIZE POPULATION. DISTRICT 26 NOW IN THE CURRENT MAP GOES ALL THE WAY TO COLLIER COUNTY IN ADDITION TO ATTACHING THE SIMILAR PORTION OF MIAMI DADE AND IN THIS MAP WE ARE DRAWING IN A RACE NEUTRAL WAY I INCLUDED ALL THE CITY OF HIALEAH AND THE REMAINING PORTION OF MIAMI DADE COUNTY AND THEIR GOING WEST AND WENT NORTH TO BROWARD TO CREATE A RECTANGULAR DISTRICT THAT IS VERY COMPACT. IT DIPS DOWN AT THE TOP RATHER THAN GOING STRAIGHT OVER SIMPLY TO AVOID HAVING TO SPLIT THE CITY OF WESTON. IT DIPS DOWN TO THE SAME ROAD THAT GOES ALL THE WAY ACROSS AND YOU CAN SEE THE T INTERSECTION BETWEEN THE RED DISTRICT AND DISTRICT 25 THAT WE WILL TALK ABOUT SHORTLY AND DISTRICT 26 OF THE FLORIDA TURNPIKE. ALL THREE DISTRICTS USE THE SAME BOUNDARY WITHIN BROWARD COUNTY IT IS EASILY RECOGNIZABLE. FROM THERE I DREW AND MOVED TO DISTRICT 20 GOING BACK TO THE SAME PRINCIPLE THAT I SPOKE ABOUT PREVIOUSLY WHERE IF POSSIBLE I WOULD WHEN I DRAW I TRY TO INCLUDE A DISTRICT ENTIRELY WITHIN A LARGE COUNTY IF I CAN AND BECAUSE DISTRICT 27 IS ENTIRELY WITHIN DADE DISTRICT 23 IS ENTIRELY WITHIN PALM BEACH AND I TRIED TO DO THE SAME THING IN BROWARD. DISTRICT 20 IS NOW ENTIRELY WITHIN BROWARD COUNTY RESPECTING AS MANY CITIES AS I COULD IN THAT AREA. IT IS A DENSE AREA OF SMALLER MUNICIPALITIES AND NORTHERN BROWARD COUNTY AND I INCLUDED AS MANY AS I COULD TO KEEP AS MANY WHOLE AS I COULD ALSO USING MANY GOOD BOUNDARIES FOR EXAMPLE THERE IS A RAILWAY THAT FORMS THE EASTERN BOUNDARY OF THE NORTHERN PART OF DISTRICT 20. THAT DISTRICT CAME TOGETHER QUICKLY IT IS DENSELY POPULATED. BY DOING SO IT LEFT THE AREA IN SOUTHERN PALM BEACH COUNTY THAT I SPOKE ABOUT BEFORE ABOUT 230,000 PEOPLE WITHOUT DISTRICTS AND THEN THERE WAS AN AREA BETWEEN DISTRICT 20 AND DISTRICT 24 IN THE AREA IN MIAMI DADE ALONG THE COAST THAT HAD DISTRICT 24 IN IT AND THE BENCHMARK THAT NOW DID NOT HAVE A DISTRICT SO I IS A MAP DRAWER HAD A CHOICE TO CONNECT THE AREA TO OTHER DISTRICTS, MULTIPLE POTENTIALLY CREATING MULTIPLE DISTRICTS THAT HAD FINGERS OR ARMS OR L SHAPES THAT WENT DOWN BUT INSTEAD OF DOING THAT BECAUSE I'M DRAWING IN A RACE NEUTRAL WAY AND BECAUSE I AM TRYING NEW IDEAS ON THE MAP UNDER A DIFFERENT CONTEXT I DECIDED TO CONNECT ALL THESE AREAS TOGETHER AND CREATED A COASTAL DISTRICT THAT CONNECTED DADE, BROWARD, AND PALM BEACH COUNTY ALONG THE COAST ALTOGETHER USING AS A BOUNDARY AS I COULD ON THE EASTERN SIDE TO MATCH THE COASTAL EASTERN BOUNDARY. U.S. 441 ON THE WESTERN SIDE IN PALM BEACH COUNTY THEN ON THE NORTH AND SOUTH SIDE ON TOP OF DISTRICT 20 DISTRICT 25 USES THE FLORIDA TURNPIKE AS IT'S BOUNDARY FOR EITHER SIDE UNLESS IT BORDERS WITH DISTRICT 20 AND DISTRICT 24 WHICH IS GENERALLY MUNICIPAL LINES OR OTHER MAJOR ROADWAYS EXCEPT FOR WHERE I HAVE EQUALIZE POPULATION. FROM THERE THERE WAS AN AREA OF BROWARD AND PALM BEACH COUNTY THAT WAS LEFT WITHOUT A DISTRICT. THIS IS WHERE I CAN TALK ABOUT THE EVERGLADES BECAUSE THIS IS AN AREA OF THE STATE IN SOUTHERN PART OF THE STATE THAT FOR A MAP DRAWER IS DIFFICULT TO DRAW BECAUSE YOU HAVE A LOT OF HIGH POPULATED AREAS TO THE EAST ALONG THE COAST IN A LOT OF AREAS TO THE MIDDLE THAT HAS APSLEY NO POPULATION AT ALL OR IS SPARSELY POPULATED. IT HAS TO GO INTO THE DISTRICT SOMEWHERE. YOU TRY TO SPLIT IT UP AND PUT IT TO MULTIPLE DISTRICTS OR DO YOU PUT IT ALTOGETHER? IN THIS CASE TAKING THAT AREA IN WEST PALM BEACH AND WEST BROWARD AND ATTACHING IT WITH ALL OF HENDRY COUNTY THEN GOING SOUTH INTO COLLIER COUNTY TO FILL OUT THE REMAINING POPULATION FOR THE DISTRICT MADE THE MOST SENSE IN THIS MAP RATHER THAN TRYING TO CONNECT MULTIPLE DISTRICTS FURTHER AWAY THAN THEY WERE TO ACCOUNT FOR THIS LOW POPULATED AREA. WITHIN IN COLLIER COUNTY IT USES MOST OF COLLIER COUNTY EXCEPT FOR WHEN IT HAS TO ACHIEVE EQUAL POPULATION BUT I WAS ABLE TO USE I 70 I'M SORRY CANNOT I 75, COLLIER BOULEVARD DOWN SOUTH UNTIL I HAD TO GO EAST AND THE LITTLE KNOB AT THE END IS ASKED TO THEM IN HIS WILL BOUNDARY FOR THE CITY OF NAPLES SO I WAS ABLE TO KEEP NAPLES HOLE WITH JET ENDS UP DISTRICT 19 NORTH OF IT. DISTRICT 19 IT MIGHT LOOK DIFFERENT THAN THE ACTIVE MAP BUT IS VERY SIMILAR TO THE CURRENTLY ENACTED MAP WHICH DOES A SIMILAR THING IN A DIFFERENT WAY. IT ACHIEVES IT'S ENTIRE DISTRICT POPULATION BY HAVING THE COLLIE IN COLLIER COUNTY CONNECTED AND IT DOES THE SAME THING HERE. YOU CAN SEE THEY DID IT ON TOP OF DISTRICT 19 IS MADE VISIBLE LINE FOR FORT MYERS WHICH IS ENTIRELY WITHIN DISTRICT SEVENTEEN THE RED DISTRICT TO THE NORTH. I MANAGED TO GO AROUND THAT AND MADE TO THE CITY WAS KEPT INTACT. IT IS TOUGH TO SEE AS IT IS CUT OFF BUT FORT MYERS AND THE REST OF THE COUNTY ARE ATTACHED ALL OF CHARLETTE COUNTY AND THEN DISTRICT SEVENTEEN GOES INTO SARASOTA COUNTY AND THE BENCHMARK MAP IS A SIMILAR DISTRICT BUT INCLUDES ALL OF SARASOTA COUNTY AND IN THIS CASE BECAUSE THE POPULATION TOTALS ARE DIFFERENT WE COME AT IT FROM A DIFFERENT PERSPECTIVE AND THEY HAD TO FIND THE BOUNDARY LINE WITH IN SARASOTA COUNTY TO DIVIDE THAT AREA UP AND I WAS ABLE TO USE I 75 THROUGHOUT THE ENTIRE LENGTH WHEN ASKED TO EQUALIZE THE POPULATION. FROM HERE I MOVED ALL THE WAY NORTH. I'M SORRY. ALL THE WAY NORTH TO THE TOP PART OF THE DISTRICT IN THE ORLANDO AREA. I WAS TRYING TO MITIGATE CHANGE WERE I COULD THROUGHOUT THE MAP BUT KNOWING THAT BECAUSE OF THE POPULATION QUALITY ISSUE WITH CONGRESSIONAL DISTRICTS WHEN YOU MOVE ONE DISTRICT LINE YOU START MOVING AN ENTIRE PART OF THE STATE INEVITABLY IT WILL AFFECT OTHER PARTS OF THE STATE. MORE THAN YOU WOULD THINK BECAUSE CONGRESSIONAL REDISTRICTING IS A ZERO SUM GAME. HERE IN TRYING TO MITIGATE THE CHANGE AS MUCH AS I COULD I TOOK DISTRICT EIGHT WHICH CURRENTLY IS ALL OF INDIAN RIVER COUNTY AND ALL OF BREVARD COUNTY ATTACHED BY 2800 PEOPLE TO ORANGE COUNTY AND INSTEAD HERE I ATTACHED BREVARD COUNTY WHICH WE KNOW IS A COUNTY THAT HAS GROWN FASTER THAN THE STATE AVERAGE ENTIRELY ON ITS OWN AND ATTACHED IT TO ORANGE COUNTY. THE DIFFERENCE THERE INDIAN RIVER IS A HUNDRED 60,000 PEOPLE SO INSTEAD OF GOING TO ORANGE COUNTY BY ONLY 3,000 PEOPLE IT GOES INTO ORANGE COUNTY ABOUT A HUNDRED 60,000 PEOPLE LEAVING INDIAN RIVER BY WHICH I AM TALKING ABOUT NEXT OR LATER. BECAUSE DISTRICT EIGHT CAME IN TO ORANGE COUNTY MORE IT PUSHED DISTRICT TEN FURTHER WEST. IT IS BASICALLY THE SAME AND HAS LARGELY THE SAME POPULATION THAT HAD PREVIOUSLY. IT'S BOUNDARIES CHANGE BUT IT IS A DISTRICT ENTIRELY WITHIN ORANGE COUNTY BUT IS LARGELY THE SAME AS THE BENCHMARK MAP. SAME WITH DISTRICT 11 IT HAS THE SAME THREE COUNTIES AS IT DID BEFORE PREVIOUSLY IN THE ENACTED BENCHMARK MAP IT WENT TO THE NORTHERN PART OF POLK COUNTY. I WAS ABLE TO NOT DO THAT SO THIS DISTRICT JUST GOES INTO SUMTER LAKE AND EASTERN ORANGE AND BY DOING THIS ORIENTATION IN CENTRAL FLORIDA THE WAY I DID I DID NOT HAVE TO IMPACT ANY DISTRICTS TO THE NORTH. THIS IS DISTRICTS ONE THROUGH SEVEN BEING THE SAME DOING THESE CHANGES HERE AND KEEPING THE CHANGES CENTRALIZE AS MUCH AS I COULD. SO, NEXT, WE HAVE COMPLETED DISTRICT EIGHT, TEN, AND 11. THERE IS A SMALL PORTION OF ORANGE COUNTY THAT NEEDS A DISTRICT AND CURRENTLY DISTRICT NINE GOES FROM OSCEOLA COUNTY INTO ORANGE COUNTY AND THIS DISTRICT IS THE SAME HOWEVER BECAUSE OF THE DIFFERENT POPULATION TOTALS AND BECAUSE THERE WAS SOMETHING DIFFERENT WITH BREVARD COUNTY IT LAUGHED DISTRICT NINE LEADING MORE POPULATION THAN IT HAD BEFORE. IT ATTACHES THAT PART OF ORANGE COUNTY AND OSCEOLA COUNTY WITH SOME OF THE SOUTHERN MORE RURAL COUNTIES ATTACHING OKEECHOBEE WITH PART OF SOUTHERN POLK COUNTY, HIGHLAND, AND GLADE IN ADDITION TO INDIAN RIVER COUNTY. INDIAN RIVER COUNTY INSTEAD OF BEING ATTACHED TO ONE OTHER BIGGER COUNTY AND BREVARD IS NOW ATTACHED TO SOME OTHER SMALLER RURAL COUNTIES SO IT HAS A GREATER VOICE THAN IT HAD PREVIOUSLY. AND YOU POLK COUNTY ONE OF THE FASTEST GROWING WE KNOW FROM EDR DATA HAS A DISTRICT ALMOST ENTIRELY IN AND OF ITSELF. IT DOES ACROSS THE COUNTY BOUNDARY INTO OSCEOLA A LITTLE BIT. PREVIOUSLY DISTRICT NINE CROSSED THE SAME BORDER FROM THE OTHER WAY AND THAT IS BECAUSE THERE ARE MANY COMMUNITIES THERE THAT LIVE ALONG THE BORDER THAT CROSS OVER ALL THE TIME. KEEPING THEM TOGETHER I FELT LIKE WAS A GOOD CHOICE IN THIS MAP ALSO THE GEOGRAPHY ALONE THAT BORDERS CAN BE VERY KEEPING THE COUNTY WHOLE CAN LOOK JAGGED SO I ATTEMPTED TO MITIGATE IT WHERE I COULD. DISTRICT 18 IS COMPACT ALMOST ENTIRELY WITHIN POLK AND ALSO WITHIN POLK EVERYONE IS A POLITY'S CAP WHOLE. THERE ARE TWO OTHER DISTRICTS THAT HAVE TO EAT UP OR TAKE UP POPULATION IN THE SOUTHERN PART. DISTRICT 9 AND ANOTHER DISTRICT I'LL TALK ABOUT IN THE SECOND. DISTRICT 16 NEXT I SPOKE ABOUT ALL THE DISTRICTS THAT SURROUND IT FOR THE MOST PART. IT REALLY DEVELOPED ITSELF. THEY HAVE THREE ENTIRE WHOLE COUNTIES ATTACHING VANITY WITH THE SOTO AND HARDEE COUNTY AND HAVE THE REMAINING PORTION OF SOUTHERN POLK IN ADDITION TO THAT PORTION OF SARASOTA COUNTY THAT DID NOT MAKE IT INTO DISTRICT SEVENTEEN AGAIN USING I 75 THROUGHOUT THE ENTIRETY OF THAT FOR WHERE YOU NEED TO. I THEN HAD A CHOICE TO TAKE THE DISTRICT INTO SOUTHERN HILLSBORO COUNTY AND COMPLETE ITS POPULATION. I NEEDED 250,000 MORE PEOPLE IN ORDER TO ACHIEVE THE IDEAL POPULATION OF THE DISTRICT OR GO TO PINELLAS COUNTY WHICH YOU CAN DO VIA THE SKYWAY BRIDGE THROUGH TAMPA BAY TO GET TO SOUTHERN SAINT PETE. I MADE THE CHOICE TO GO TO SAINT PETE FOR TWO REASONS, ONE IN AN ATTEMPT TO GIVE HILLSBOROUGH COUNTY DISTRICT ENTIRELY WHICH CURRENTLY DOES NOT HAVE AN BECAUSE WE KNOW PINELLAS COUNTY IS ACTUALLY ONE OF THE SLOWEST GROWING COUNTIES COMPARED TO THE POPULATION ESTIMATES WE HAVE RECEIVED FROM EDR. KNOWING IT IS A SLOWER GROWING COUNTY AND TO GIVE HILLSBORO A MUCH FASTER GROWING COUNTY A CHANCE TO HAVE A DISTRICT WITHIN IT I CHOSE TO GO AND PUT THE REMAINING PORTION OF THAT DISTRICT INTO SOUTHERN SAINT PETE BUT 250,000 PEOPLE. FROM THERE WE GO TO THE REST OF PINELLAS COUNTY WHICH CURRENTLY HAS DISTRICT 13 ENTIRELY WITHIN IT. UNFORTUNATELY THE POPULATIONS DID NOT QUITE WORK OUT AND THIS DISTRICT HAD TO BE PUSHED NORTH INTO PASCO BY 60,000 PEOPLE TO EQUALIZE THE POPULATION. THAT IS WHY IT WAS MADE. IT IS STILL A DISTRICT THAT IS LARGELY ALMOST ENTIRELY WITHIN PINELLAS COUNTY OF THE 769,000 PEOPLE ONLY ABOUT 60,000 IT IS AN PASCO COUNTY. WITH DISTRICT 14 AS I SAID TO TRY TO KEEP THE DISTRICT WHOLLY WITHIN IT WORKING FROM THE SOUTH AND GOING NORTH IT KEEPS ALL OF PLANT CITY WITHIN THE DISTRICT UNTIL HE GETS OVER TOWARD THE WATER BLOCKS THAT I MENTIONED BEFORE THAT KIND OF GET DIFFICULT TO DRAW WITH ON THE WESTERN SIDE OF HILLSBOROUGH COUNTY BUT TRYING TO USE AS MANY MAJOR ROADWAYS AS I COULD TO BUILD THE BOUNDARY AND BALANCE THROUGHOUT THEIR. IT LEFT THE REST OF PASCO COUNTY, ALL CITRUS, ALL OF HERNANDO AND THE NORTHERN PORTION OF HILLSBOROUGH COUNTY WITHOUT A DISTRICT. I KNEW I HAD ENOUGH POPULATION FOR TWO DISTRICTS LEFT SO I HAD A CHOICE TO TRY TO DO SOMETHING AS YOU SEE HERE WHERE I KEEP TO COUNTY'S WHOLE AND TRY TO FIND A WAY TO DIVIDE PASCO AND THE REMAINING POPULATION OF HILLSBORO COUNTY WHERE THE BULK OF POPULATION THAT WAS NEEDED WAS OR I COULD HAVE DIVIDED UP THE OTHER COUNTIES AND DONE SOMETHING THAT MAY HAVE BEEN VISUALLY MORE PLEASING BUT IN MY REDISTRICTING EXPERIENCE IT'S BETTER TO KEEP COUNTIES WHOLE WHEN YOU CAN SO I CHOSE TWO COUNTIES WHOLE AND THE CENTRAL PART OF PASCO COUNTY. SOMETIMES IT'S DIFFICULT TO DIVIDE THE LINE SOUTH BUT I CHOSE TO USE I 75 FOR THE MAJORITY OF THE DIVISION IN PASCO COUNTY BECAUSE IT IS SUCH A RECOGNIZABLE MAJOR ROAD AND THEN INTO HILLSBOROUGH COUNTY I CONTINUE TO USE I 75 ALONG WITH OTHER MAJOR ROADWAYS TO TRY TO DIVIDE THEM AS VERTICALLY AS I COULD WITH THE ROADWAYS THAT I HAD AVAILABLE TO ME TO DO SO AND SPLIT THE POPULATION UP IN THE WAY TO MAKE TO EQUAL DISTRICTS. THAT IS THE PLAN. >> Chair: MEMBERS, WE WILL ASK QUESTIONS. EITHER MR. JAZEEL OR MR. PAREDA. WHO WANTS TO START. SENATOR OSGOOD YOU ARE RECOGNIZED. >> Senator Osgood: MY FIRST QUESTION IS A LEGAL QUESTION. HOW ARE YOU TODAY? >> GOOD HOW ARE YOU. >> Senator Osgood: YOU GAVE YOUR PRESENTATION SWIFTLY SO HOW DOES THIS MAP COMPLY WITH THE FLORIDA FAIR DISTRICT AMENDMENT? >> Senator Passidomo: YOU CAN GO BACK AND FORTH. >> Senator Osgood: THANK YOU. >> THANK YOU. AS PART OF MY LEGAL PRESENTATION THE CONCLUSION I GOT TO WAS IN ORDER TO COMPLY WITH THE EQUAL PROTECTION CLAUSE YOU DO NOT NEED TO COMPLY WITH THE FAIR DISTRICTING AMENDMENT SO THAT IS MY LEGAL POSITION. WHETHER OR NOT IT ACTUALLY APPLIES OR DOES NOT IS A FACTUAL QUESTION AND I DEFER TO MR. PARADE ON THAT MY LEGAL POSITION IS YOU DON'T NEED TO IF YOU FOLLOW THE LOGIC OF ANALYSIS. >> Senator Osgood: I WILL ASK THE SAME QUESTION TO THE OTHER GENTLEMEN. HOW ARE YOU TODAY SIR? >> THANK YOU. PLEASE REPEAT THE QUESTION. >> Senator Osgood: HOW ARE YOU TODAY. >> THE OTHER QUESTION. >> Senator Osgood: THE QUESTION IS HOW DOES THIS MAP COMPLY WITH THE FLORIDA FAIR DISTRICT AMENDMENT? >> AS IT WAS JUST TESTIFIED TO IT DOES NOT HAVE TO. I DID NOT USE OF RACE WHEN DRAWING THIS MAP SO THE RACIAL PROVISIONS I DID NOT LOOK AT IT ALL OR ANY FUNCTIONAL ANALYSIS SO I HAVE NO COMMENT. >> Senator Osgood: MODEM CHAIR THANK YOU POPULATION DATA WAS USED GIVEN THE LAST OFFICIAL CENSUS WAS 2020? >> AS STATED EARLIER WHEN YOU DO REDISTRICTING BECAUSE YOU HAVE TO GET TO SUCH POPULATION EQUALITY WE HAD TO USE THE 2020 CENSUS DATA AND THE ASSOCIATED CENSUS BLOCKS. 396 CENSUS BLOCKS AND THE ASSOCIATED POPULATIONS AND DEMOGRAPHIC INFORMATION WITHIN THE CENSUS BLOCKS PROVIDED TO US BY THE CENSUS BUREAU. >> Senator Osgood: NO VOTER FILES OR ESTIMATES WERE USED? >> FOR WHAT? I'M SORRY DON'T UNDERSTAND. >> FOR THE POPULATION DATA. >> I DID USE THE POPULATION ESTIMATE DATA THAT I REFER TO BEFORE AS A GUIDE MAY HAVE GROWN FASTER THAN OTHERS OR MAY BE FASTER THAN THE STATE AVERAGE BUT THAT WAS HAVING TO BALANCE THAT CENSUS DATA THAT WAS PROVIDED TO ME BECAUSE EVERY DISTRICT HAS TO MAINTAIN THAT POPULATION THAT I SPOKE ABOUT SO EVERY DISTRICT IS USING THE POPULATION BUT USING A GUIDE KNOWING WHAT COUNTIES MAY OR MAY NOT BE GROWING FASTER THAN OTHERS I KIND OF TRIED TO ORIENT THE DISTRICTS TO ACCOMMODATE FOR THAT BUT TO THE BEST OF MY ABILITY THEY STILL HAD TO BE BALANCED TO THE 2020 CENSUS DATA. >> Senator Osgood: DID YOU ANALYZE ANY PARTISAN PERFORMANCE WITH THE DISTRICTS BEFORE FINALIZING THE MAPS? >> NOT USING RACE AND NOT HAVING TO COMPLY WITH THE FAIR DISTRICT AMENDMENTS THE ENTIRE SUITE OF REDISTRICTING CRITERIA THAT ARE AVAILABLE TO OTHER STATES I USED HERE INCLUDING PARTISAN DATA. >> Senator Osgood: I HAVE NOT ASKED ANYTHING ABOUT RACE. MY FINAL QUESTION IS WERE YOU THE ONLY PRECIPITANT AS FAR AS THE MAPS? WERE ANY CONSULTANTS INVOLVED? >> I'M THE ONLY ONE THAT DREW THE MAP REMOVING ANY LINES ON THE MAP. ANY OTHER INTERNAL CONVERSATIONS I HAVE HAD WITH THE DAG STAFF OR COUNSEL IS BETWEEN US. >> Senator Osgood: THANK YOU. >> Chair: SENATOR JONES. >> Senator Jones: CAN I BE RECOGNIZED FOR A SERIES? >> Chair: YOU CAN GO BACK AND FORTH. >> Senator Jones: I WANT TO START WITH HOW DO I PRONOUNCE YOUR NAME? OKAY. AND THAT YOU MADE MENTION OF THE FAIR DISTRICT ACT AND I WAS LISTENING TO SENATOR OSGOOD AND IN YOUR PRESENTATION YOU MADE MENTION OF THE UNCONSTITUTIONALITY OF IT. IS IT YOUR ARGUMENT THAT THE CITIZEN LED INITIATIVE THAT WAS VOTED ON BY 63 PERCENT OF PEOPLE THAT IT WAS INCONSISTENT WITH THE FEDERAL LAW? IS THAT YOUR ARGUMENT? >> MADAM CHAIR? IT HAS BECOME INCONSISTENT WITH FEDERAL LAW AS IT HAS BECOME INVOLVED ON RACE. >> Senator Jones: WHY DID THE FLORIDA SUPREME COURT KNOCK IT DOWN IN 2010? >> Chair: YOU ARE RECOGNIZED. >> AS I WAS EXPLAINING SENATOR THE LAW HAS EVOLVED SINCE 2010. WE HAVE HAD SEVERAL U.S. SUPREME COURT CASES SINCE 2010 AND ANOTHER SUPREME COURT DECISION AS OF 2025. AGAIN ON THE RACIAL ISSUE LAW CONTINUES TO MOVE AND IT HAS EVOLVED TO THE POINT WHERE THE LAW THAT WAS PREVIOUSLY ON THIN ICE THE ICE IS CRACKING AND IT IS ABOUT TO CRACK FURTHER. >> Senator Jones: I HEAR YOU BUT THE LAW IS THE LAW SO IF THE LAW IS THE LAW AND THE LAW IS CONSISTENT AND IT CAME BEFORE THE SUPREME COURT YOU WOULD THINK THAT THE SUPREME COURT WOULD HAVE SEEN THE INCONSISTENCY WITH THE FEDERAL LAW AND HAVE THE INITIATIVE DOWN CORRECT? >> NOT IN 2010 SENATOR. WE DID NOT HAVE THE HOOPER CASE FROM THE U.S. SUPREME COURT NOR THE WAS CASE OR ALAN VERSUS MULLIGAN FROM THE SUPREME COURT OR BLACK VOTERS MATTER FROM THE FLORIDA SUPREME COURT SO NOT IN 2010 IS THE ANSWER. >> Senator Jones: IT SO YOU AGREE THE VOTING RIGHTS ACT OF 1965 REMAINS ALONG THE LAND TODAY CORRECT? >> YES. >> Senator Jones: THE GOVERNOR STATED HE BELIEVES THE VOTING RIGHTS ACT IS UNCONSTITUTIONAL. WITH THESE MAPS DRAWN TO FULLY COMPLY WITH THE VOTERS RIGHTS ACT AS EXIST TODAY? >> NO RACHEL DATA WAS TAKEN INTO ACCOUNT SIR BUT I WANT TO TAKE A STEP BACK AND TALK ABOUT THE VOTING RIGHTS FACTS. WE ASSUME THE COWHEY IS NOTHING EVEN THEN ALL THE VOTING RIGHTS ACT SAYS THERE ARE PRECONDITIONS IF YOU CAN GREAT A MAJORITY OR MINORITY DISTRICT IS ONE OF THE PRECONDITIONS. THERE ARE SEVERAL OTHERS IF YOU SATISFY THE PRECONDITIONS THEN AT THE END OF THIS THE MAP THAT YOU HAVE TO CREATE DOES NOT NEED TO BE MAJORITY MINORITY AND I DON'T KNOW THE RESULTS OF THIS MAP BUT IF THERE ARE TWO BLACK PERFORMING DISTRICTS IN SOUTH FLORIDA EVEN IF CALAIS HAS NO CHANGE TO THE VOTING RIGHTS ACT YOU WOULD NOT BE VIOLATING THE VOTING RIGHTS ACT IN SOUTHEAST FLORIDA WHICH IS WHERE THE DISTRICT WAS. >> Senator Jones: SO YOU ARE OPERATING WITHIN THE HYPOTHETICAL BECAUSE THERE HAS BEEN NO DECISION ON THE LOUISIANA VERSUS CALAIS CORRECT? >> NO SIR, WE ARE NOT BECAUSE AT THE END OF THE DAY THERE ARE OTHER DISTRICTS IN SOUTHEAST FLORIDA OTHER THAN THE BENCHMARK DISTRICT WHERE RACE WAS A FACTOR TO COMPLY WITH THE FEARED DISTRICTING AMENDMENT SO IF YOU CHANGE THE DISTRICTS DOWN THERE WHERE RACE WAS A FACTOR YOU HAVE TO DEAL WITH THAT REGION OF THE STATE SO IT IS NOT A HYPOTHETICAL. >> IF THE GOVERNOR'S TRANSMITTAL LETTER SUGGESTS THE FDA WHAT THE PEOPLE HAVE VOTED ON HE SAYS IT'S NOT ENFORCEABLE AT ALL DOESN'T MEAN THAT THIS IN FACT WAS PARTISAN INTENT. >> MY ANALYSIS WAS NOT PARTISAN. THE MAP DRAWER WILL ANSWER THE QUESTION OF WHETHER OR NOT PARTISAN INTENT WAS IN FACT [INAUDIBLE]. >> Senator Jones: DOES THIS MAP MAKE AN ATTEMPT TO APPLY WITH TIER TWO CRITERIA IN COMPACTNESS MINIMIZING COUNTY SPLITS. MAYBE THAT'S A QUESTION FOR – >> YES SIR. WOULD YOU LIKE FOR ME TO ANSWER? >> Senator Jones: IT IS UP TO YOU. >> Chair: I AM FINE IF YOU STAND UP AND THEY BOTH ANSWER WITH WHO IS MOST APPROPRIATE TO ANSWER THE QUESTION. >> PLEASE REVIEW THE QUESTION. >> Senator Jones: DOES THE MAP ATTEMPT TO COMPLY WITH TIER TWO CRITERIA ON COMPACTNESS MINIMIZING COUNTY SPLITS? >> THE TIER TWO CRITERIA DOES NOT REQUIRE MINIMIZATION OF COUNTY SPLITS BUT IT DOES TALK ABOUT FOLLOWING THE EXISTING POLITICAL AND GEOGRAPHICAL BOUNDARIES. OTHER THAN RACE WHICH I DO NOT USE FOR THIS. ALL OF THE OTHER TRADITIONAL REDISTRICTING CRITERIA INCLUDING COMPACTNESS AND FOLLOWING TRADITIONAL GEOGRAPHIC AND VOCAL BOUNDARIES AMONG MANY OTHER REDISTRICTING CRITERIA I DID FACTORED IN YES. >> YOU AGREE BASED ON THIS PRESENTATION YOU JUST GAVE US THAT THIS MAP IS PROBABLY LESS COMPACT THAN THE CURRENT MAP CORRECT? >> I DON'T THINK I AGREE WITH THE PREMISE OF THE QUESTION. THESE MAPS COMPACTNESS OVERALL IS CONSISTENT WITH THAT OF THE ENACTED METHOD, COMPACTNESS IS ALSO SOMETHING THAT IS IN THE EYE OF THE BEHOLDER. THE MATHEMATICAL COMPACTNESS SCORES ARE GOOD AND COURTS HAVE USED THEM AS A GUIDE BUT THEY ARE NOT THE GOLD STANDARD, JUST BECAUSE SOMETHING IS CHANGED BY 1/10 DOES NOT NECESSARILY MEAN IT IS BETTER OR NOT. IN ADDITION TO ALL THE OTHER REDISTRICTING CRITERIA THERE ARE MANY DIFFERENT WAYS TO DRAW A MAP THAT COMPLY WITH ALL THESE DIFFERENT CRITERIA AND THE OBJECTIVE IS NOT TO DEFINE THE BEST METHOD, THE OBJECTIVE IS TO FIND A MAP THAT SATISFIES ALL THE CRITERIA AND THAT CAN BE DONE IN MULTIPLE DIFFERENT WAYS USING MULTIPLE DIFFERENT METHODOLOGIES. >>Vice Chair Jones: JASON THE CRITERIA IN WHICH YOU SAID YOU WERE USING YOU SAID YOU CAN QUOTE ME IF I MISQUOTE YOU THAT YOU WILL USE CRITERIA FROM OTHER STATES AND ALSO WHAT YOU DIDN'T USED THE FAIR DISTRICT ACT CRITERIA IN CRAFTING THIS MAP BUT YOU USE CRITERIA FROM OTHER STATES. THE OTHER QUESTION WOULD BE ARE YOU SPEAKING OF OTHER STATES BEING STATES THAT HAVE PASSED THIS LIKE TEXAS AND OTHER PLACES, IS THAT THE TYPE OF CORRECT THAT YOU USED? >> I MEAN TRADITIONAL REDISTRICTING CRITERIA USED IN FLORIDA IN ADDITION TO EVERY OTHER OF THE 50 STATES THERE'S BEEN OTHER LITANIES OF DIFFERENT CRITERIA THAT OTHER STATES USED, INCLUDING COMPACTNESS, INCLUDING FOLLOWING EXISTING GEOGRAPHICAL BOUNDARIES. POPULATION, ALL SORTS OF OTHER THINGS A LOT OF WHICH ARE LISTED IN WHAT USED TO BE OUR TIER 2 AMENDMENT, ALL THOSE FACTORS CAME INTO PLAY IN THE ONLY THING I DID NOT CONSIDER IS RACE. >>Vice Chair Jones: THE GOVERNOR CITED THE FORTHCOMING LOUISIANA VERSUS CLAY DECISION FROM THE SUPREME COURT AS A POTENTIAL REASON TO REDRAW AND HE SAID THAT IN MULTIPLE INTERVIEWS BUT HE ALSO ACKNOWLEDGED NO DECISION HAS BEEN ISSUED YET SO I ASK WHY ARE WE DRAWING THINGS TODAY? >> IF I COULD SENATOR I WILL HANDLE THE CALLAIS QUESTION. >> SURE. SENATOR, YOU'VE GOT THE BLACK VOTERS MATTER CASE. THEY ARE WALKING SIDE-BY-SIDE AS TWO SEPARATE THINGS. THE BLACK VOTERS MATTER DEALS WITH THE FAIR DISTRICTING AMENDMENTS AND CALLAIS DEALS WITH THE VOTING RIGHTS ACT. THEY ARE ON SHAKY GROUND BECAUSE THEIR PERFORMANCES DON'T EMANATE FROM CONGRESS'S POWERS. >>Vice Chair Jones: BUT YOU ALL WON THAT CASE, CORRECT? >> WE DID. >>Vice Chair Jones: IF YOU'RE LOOKING AT LOUISIANA VERSUS CALLAIS CASE THAT HAS BEEN ISSUED THERE'S BEEN NO ISSUANCE OF THAT AND A MATTER OF FACT FLORIDA IS NOT EVEN A PARTY IN THAT CASE, AM I CORRECT? >> THE FAIR DISTRICTING COMMITMENTS CASE THE BLACK VOTERS MATTER CASE HAD A LOGICAL IMPORT IN THAT DECISION IS THAT RAISING TO COMPLY WITH THE FAIR DISTRICT AMENDMENTS UNDER THE EQUAL PROTECTION CLAUSE, THE COURT HAD TO CONFRONT THAT ISSUE BECAUSE OF WHAT WAS BROUGHT UP BUT THE IT'S IMPORTANT AND WHAT THE COURT IS SAYING AND THE IMPORT OF FLORIDA LAW ON THE USE OF THE EIGHT CASE PROVISIONS IS VERY CLEAR BECAUSE REMEMBER THE VOTING RIGHTS ACT IS IN A SEPARATE BUCKET. THE VOTING RIGHTS ACT WAS CREATED WITH A LEGISLATIVE RECORD 1965 THE VOTING RIGHTS ACT WAS CREATED CONSISTENT WITH CONGRESS POWERS UNDER SECTION 2. NEITHER OF THOSE TWO THINGS IS TRUE FOR THE FAIR DISTRICTING AMENDMENTS, PART OF WHICH ARE IN SECTION 20 SO IF THE SUPREME COURT IS ONLY ASSUMING WITHOUT DECIDING THAT YOU CAN MAYBE USE THE VOTING RIGHTS ACT THEN IT'S FOR SURE GOING TO COME TO THE CONCLUSION THAT USING THE FAIR DISTRICT COMMITMENT DOES NOT SERVE INTEREST FOR RACIAL CONSCIOUSNESS. THIS FLORIDA SUPREME COURT SAID THAT, THE NEXT LOGICAL STEP OF OKAY, IF IT'S NOT A COMPELLING INTEREST, IF IT'S NOT A COMPELLING INTEREST IT CAN'T BE USED AT ALL, THAT'S THE NEXT LOGICAL STEP SO THAT HAS BEEN THE DEVELOPMENT ON THE FAIR DISTRICTING SIDE, THE ARTICLE 3 SECTION 20 SIDE. >>Vice Chair Jones: SO WHY NOT CHALLENGE THE FAIR DISTRICT ACT TO THE FLORIDA SUPREME COURT? >> EXECUTIVE BRANCH OFFICIALS PROHIBIT US FROM CHALLENGING THE CONSTITUTIONALITY OF A STATE PROVISION IN THE FIRST INSTANCE. THE WAY TO TEA THIS THING UP IN THE STRUCTURAL CONSTITUTION WE HAVE IS FOR THE LEGISLATURE TO PASS A BILL AND FOR THE LEGISLATURE TO HAVE A BILL SAYING WE'VE LOOKED AT THE LAW, THIS IS HOW WE BELIEVE WE CAN COMPLY WITH THE LAW AND THAT TEES UP THE ISSUE FOR THE COURTS. THE LEGISLATURE, EXECUTIVE BRANCH CANNOT CHALLENGE A STATE STATUTE OR STATE CONSTITUTIONAL PROVISION, THE WAY TO TEA THIS UP IS TO PASS A LAW AND HAVE THEM ADDRESS IT. >>Vice Chair Jones: THE GOVERNORS TRANSMITTAL LETTER SAYS THE PROPOSED MAP IS BASED ON 2020 CENSUS DATA AND YOU MADE MENTION OF IT BUT IT ATTEMPTS TO ACCOUNT FOR POPULATION GROWTH BY RECONFIGURING DISTRICTS AROUND THE AREAS OF HIGH GROWTH. MY FIRST QUESTION IS DOESN'T THIS PROPOSED MAP HAVE THE SAME DISTRICT AS THE CURRENT MAP SO HOW WOULD THAT ACCOUNT FOR POPULATION GROWTH? >> THANK YOU MADAM CHAIR AND ISAIAH REORIENTED THE DISTRICTS IN CENTRAL FLORIDA I TRIED TO AS A GUIDE AS I KNOW WHICH COUNTIES BASED ON THE EDR STATISTICS HAVE GROWN FASTER OR SLOWER THAN OTHER COUNTIES COMPARED TO THE STATE AVERAGE SO WE KNOW WHERE CERTAIN AREAS MIGHT HAVE MORE PEOPLE THAN IS IN THE CURRENT 2020 CENSUS AND IS DESPITE THE FACT I HAD TO BALANCE EVERYTHING USING THAT DATA I WAS ABLE TO RESTRUCTURE EVERYTHING TO ACCOUNT FOR THOSE CHANGES IN POPULATION BETTER SO THE POPULATIONS OF THE DISTRICTS MIGHT BE MORE BALANCED BUT I DON'T KNOW FOR CERTAIN, NOBODY DOES UNTIL WE CONDUCT ANOTHER CENSUS. >>Vice Chair Jones: JASON, YOU'D AGREE WITH ME THAT IF THAT POPULATION GROWTH HAS CHANGED IN CONGRESSIONAL AREAS THAT MEANS ALL OUR SEATS UP HERE SHOULD ALSO BE REDRAWN IN THE HOUSE AND SENATE, AM I CORRECT? >> I WILL LET MR. DIEHL TALK ABOUT THAT BUT THERE'S A DIFFERENT STANDARD COMPARED TO CONGRESSIONAL REDISTRICTING BUT I WILL LET HIM SAY HOW. >>Chair Passidomo: SPEAK INTO THE MICROPHONE, THEY CAN'T HEAR YOU. GET AS CLOSE AS WE CAN. >> THE LEGISLATIVE REDISTRICTING IS GOVERNED BY ARTICLE 3 SECTION 16, THAT'S THE LEGISLATIVE REAPPORTIONMENT. THE GOVERNOR HAS NO ROLE AND IT HAS SEPARATE STRICTURES THAT REPLY HERE AND I'LL LET THE COUNCIL FOR SENATE AND HOUSE THAT. >>Vice Chair Jones: HAS THE GOVERNOR TAKEN ANY ACTION TO PREPARE FOR THE 2030 CENSUS TO ENSURE FLORIDA RECEIVES SEATS IN ACCORDANCE WITH ITS POPULATION IN THE NEXT ROUND OF REAPPORTIONMENT? >> I DON'T HAVE THAT INFORMATION BUT WE CAN GET BACK TO YOU ON THAT. >>Vice Chair Jones: HAD THE GOVERNOR REQUESTED THE LEGISLATURE ALLOCATE FUNDING FOR THE CENSUS PREPARATIONS THAT NEED TO BE COMPLETED OVER THE NEXT YEAR? >> SAME QUESTION, WE DON'T HAVE THAT INFORMATION, I AM PRESENTING THE MAP ON BEHALF OF THE GOVERNOR. >>Vice Chair Jones: FEW MORE QUESTIONS, THE GOVERNOR SAID WE NEED TO REDISTRICT BECAUSE CERTAIN DISTRICTS WERE DRAWN BECAUSE OF RACE, CORRECT JASON? >> DRAWN WITH RACE AS A CONSIDERATION. >>Vice Chair Jones: WHICH DISTRICTS WERE REDRAWN BECAUSE OF RACE? >> WHEN YOU SAY THE CURRENT MAP YOU MEAN THE BENCHMARK MAP. CLEARLY CONGRESSIONAL DISTRICTS 20 IS AN EXAMPLE OF THAT AND I BELIEVE THERE WAS THREE DISTRICTS IN SOUTH FLORIDA DISTRICT 2627 AND 28 WHERE RACE WAS A CONSIDERATION. >>Vice Chair Jones: I WANT TO GO DOWN TO DISTRICT FOR JASON AND DISTRICTS 24 SEAT THAT'S CONGRESSWOMAN WILSON'S DISTRICT. DO YOU CONSIDER THAT DISTRICT 24 CONTACT? IN DISTRICT 24? IN THE ENACTED METHOD. IN THE PROPOSAL, EXCUSE ME. >> I BELIEVE IT IS. >>Vice Chair Jones: SO CURRENT DISTRICT 24 INCLUDES PARTS OF BROWARD, PARTS OF MIAMI-DADE COUNTY BOTH OF WHICH ARE LARGER THAN A SINGLE CONGRESSIONAL DISTRICT. SO CURRENT DISTRICT 24 DOES THAT SPLIT MORE COUNTIES THAN NECESSARY. >> NO. >>Vice Chair Jones: SOLELY ONLY SPLITS ARE MIAMI AND MIRAMAR SO DOES IT SPLIT MORE CITIES THAN NECESSARY BECAUSE IN THE DISTRICT YOU HAVE MIRAMAR, YOU HAVE DANIA IN THERE, HOLLYWOOD AND THERE, WEST PARK IN THERE, ALLENDALE IN THERE SO THAT WOULD GO AGAINST WHAT YOU ARE, WHAT YOU PRESENTED, I DON'T WANT TO PUT WORDS ON IN YOUR MOUTH BASED ON THE LAW. >> I DISAGREE WITH THE PREMISE AND I'LL TAKE A STEP BACK AND LOOK AT THE REGION AS A WHOLE BECAUSE YOU'RE LOOKING AT A SPECIFIC ONE DISTRICT AND TALKING ABOUT WHAT IT'S DOING. WHEN DRAWING DISTRICTS YOU HAVE TO BALANCE ALL THE STANDARDS THE CITY SPLITS INCLUDING COUNTY SPLITS AND COMPACTNESS ALTOGETHER NOT JUST FOR THE SINGLE DISTRICT BUT HOW THE REGION COMES TOGETHER AS A WHOLE AND IN SOME CASES WITH THE EQUAL POPULATION STANDARD OF A CONGRESSIONAL DISTRICT WE HAVE TO GET DOWN TO PLUS OR MINUS A SINGLE PERSON. SOMETIMES YOU ARE NOT ABLE TO KEEP A CITY HOLE DESPITE TRYING BUT THAT'S NOT THE OVERRIDING GOAL, THERE'S ALL THE OTHER CRITERIA YOU NEED TO TAKE INTO ACCOUNT AND THERE'S ALSO IN THE AREA OF BROWARD COUNTY SOME MUNICIPAL LINES WHICH ARE NOT REGULAR IN SHAPE AND CAN CHANGE THROUGH THE DECADE MORE TO A COUNTY LINE. I BELIEVE IT'S COOPER CITY SOUTHWEST RANCHES ARE INTERLOCKED WITH EACH OTHER. MANY OF EACH TEST ROLL THAT GOES OUT TO THE COAST AND COMES DOWN, SAME WITH HOLLYWOOD AND SOME OF THESE MUNICIPAL LINES ARE NOT EASY TO DRAW AROUND SO SOMETIMES IT NECESSITATES THE BLOCK LINES AND IF I WERE TO SHOW YOU A BIGGER ISSUE WITH THE BLOCK LINES RELATED TO SOME OF THE MUNICIPAL LINES YOU UNDERSTAND HOW DIFFICULT THAT CAN BE SO THAT'S PART OF THE BALANCING OF ALL THE STANDARDS. YEAH, WE'D LIKE TO KEEP MORE CITIES WHOLE IF WE CAN IN ADDITION TO EVERYTHING ELSE BUT SOMETIMES FINDING THE TURNPIKE THAT I FOUND TO HAVE THREE DISTRICTS USE THE TURNPIKE WHICH IS A RECOGNIZABLE ROADWAY WITH PEOPLE IN THE AREA IS PREFERABLE THEN TRYING TO USE A MUNICIPAL LINE THAT MIGHT STAND OUT AND LOOK JAGGED WITHOUT PEOPLE KNOWING THAT IS THE ACTUAL MUNICIPAL LINE SO USING THOSE POLITICAL AND GEOGRAPHIC FEATURES WHICH ARE ALSO IN OUR REDISTRICTING STANDARDS A MUNICIPAL LINE OR SOMETHING ELSE IS PREFERABLE. BUT THAT'S PART OF THE BALANCING OF ALL THE STANDARDS WHERE YOU CAN'T LEAN ON JUST CITIES OR COUNTIES OR JUST ONE ASPECT OF THE REDISTRICTING CRITERIA. AND HOW THE WHOLE PICTURE IS AFFECTED IN THE REGION RATHER THAN LOOKING AT ONE SPECIFIC DISTRICT WHERE IT MAY SPLIT A CITY THAT IT DIDN'T BEFORE OR SOMETHING ALONG THOSE LINES. IT'S JUST PART OF THE NECESSARY BALANCING THAT HAPPENS WHEN YOU'RE DRAWING A COMPLETE REDISTRICT. >>Vice Chair Jones: MY LAST QUESTION AND I WILL HAND IT OFF TO MY OTHER COLLEAGUES. JUST TO GET CLARITY ON THE USAGE OF THE FAIR DISTRICT ACT OR THE NON-USAGE IN THIS CASE BECAUSE I THINK THE TERMINOLOGY WE'RE USING AS PERTAINS TO THE FAIR DISTRICT ACT IS IT IS INCONSISTENT WITH FEDERAL LAW. IS THAT THE REASON WHY JASON YOU MADE MENTION THAT PARTISAN, BASICALLY PARTY DID TAKE NOT PRESIDENT BUT YOU LOOKED AT PARTISAN POLITICS IN CREATING THESE NAPS BECAUSE YOU ALL BELIEVE THAT THE FAIR DISTRICT AT IS INCONSISTENT WITH FEDERAL LAW, AM I CORRECT? >> I CAN TELL YOU AS I MENTIONED BEFORE I USED ALL REDISTRICTING CRITERIA EXCEPT FOR RACE, THAT WAS THE ONLY THING THAT WAS NEUTRAL. PERFORMANCE DATA WAS A CONSIDERATION BUT NOT TO THE EXCLUSION OF ALL THE OTHER STANDARDS AND YOU CAN LOOK AT OUR MAP AND HOW I TRIED TO DRAW AS COMPACT A DISTRICT AS I CAN COMBINING ALL THOSE PRINCIPLES WITHOUT LEANING ON ONE MORE THAN THE OTHER LIKE FOR EXAMPLE THE CITY, I COULD HAVE KEPT MORE CITIES HOLD THAT WOULD HAVE BEEN TO THE DETRIMENT OF PHYSICAL COMPACTNESS OR HAVING TO BREAK CERTAIN COUNTIES. THERE IS A CITY IN LONGBOAT KEY THAT IS SPLIT BECAUSE IT IS BETWEEN MANATEE AND SARASOTA COUNTIES SO IT HAS TO BE SPLIT BUT I COULD HAVE KEPT THAT CITY HOLE AND SPLIT ANOTHER COUNTY. THAT'S THE TRADE-OFF THAT HAPPENS WHEN YOU'RE BALANCING ALL THESE THINGS TOGETHER TRYING TO PUT AN ENTIRE REDISTRICTING MAP TOGETHER. IT'S JUST PART OF THE, PART OF EVERYTHING YOU NEED TO CONSIDER WHEN YOU'RE DRAWING A MAP. >>Vice Chair Jones: THANK YOU MADAM CHAIR. >>Chair Passidomo: SENATOR PIZO. >>Sen. Pizzo: THANK YOU. THAT'S VERY LOUD. I HAVE A FEW QUESTIONS MADAM CHAIR. >>Chair Passidomo: YOUR RECOGNIZED TO GO BACK AND FORTH UNTIL YOU'RE NOT. >>Sen. Pizzo: THESE ARE RUDIMENTARY IN NATURE AND EITHER ONE OF YOU CAN DIVIDE MAJORITY MINORITY FOR ME. >> SURE SENATOR, MAJORITY MINORITY IS WHERE YOU HAVE A MINORITY GROUP IN THAT GROUP IN AND OF ITSELF GETS 50% +1. THAT WOULD BE A MAJORITY MINORITY DISTRICT. I COULD GO ON WITH OTHER QUESTIONS. >>Sen. Pizzo: AND YOU GIVE ME AN EXAMPLE OF A MAJORITY MINORITY? >> WERE LOOKING AT THIS THROUGH THE VOTING RIGHTS ACT LENS. I THINK YOU ARE SENATOR. IT'S THE FIRST PRECONDITION AND THE WAY THE SUPREME COURT CASE, JINGLES LAYS OUT THESE PRECONDITIONS THAT YOU HAVE TO SHOW IF YOU'RE CHALLENGING THE STATE'S LACK OF A DISTRICT FOR A MINORITY SO THESE PRECONDITIONS, THE FIRST ONE IS YOU HAVE TO SHOW A LARGE COMPACT COMMUNITY AND LARGE IS MAJORITY MINORITY SO THE SUPREME COURT SAID YOU GOT TO FOCUS ON ONE RACE AND YOU'VE GOT TO SEE IF THAT RACE GETS THE 50% PLUS ONE. AND THAT WOULD BE A MAJORITY MINORITY DISTRICT, THAT'S THE FIRST PRECONDITION THERE ARE OTHERS, YOU HAVE TO SHOW THAT MINORITY COMMUNITY WAS COHESIVELY OR A PARTICULAR GROUP. AND A PARTICULAR CANDIDATE THEN YOU HAVE TO SHOW THAT THE MAJORITY VOTE AGAINST THE MINORITY COURSE. SO THOSE ARE THE THREE PRECONDITIONS THERE'S A TOTALITY OF CIRCUMSTANCES TEST UNDER JINGLES AND THAT TOGETHER IS USED TO ASSESS WHETHER OR NOT THE VOTING RIGHTS ACT REQUIRES A MAJORITY, REQUIRES A DISTRICT WITH A MINORITY COMMUNITY. >>Sen. Pizzo: HISTORICALLY WERE TALKING ABOUT HISPANIC, BLACK, CAN YOU HAVE A WHITE MAJORITY DISTRICT? >> THERE IS NO CASE SAYING YOU CAN'T, I'M AWARE OF ONE CASE WHERE A COMMUNITY AT A MUNICIPAL LEVEL HAD A MAJORITY BLACK CITY ARGUED THAT THEY SHOULD BE ALLOWED TO CREATE A MAJORITY MINORITY DISTRICT BEFORE THE WHITE COMMUNITY. BECAUSE AGAIN IF YOU'RE LOOKING AT A MUNICIPALITY IT'S ON A SMALLER SCALE SO YOU COULD HAVE A MAJORITY MINORITY THAT'S WHAT. >>Sen. Pizzo: I'LL GIVE AN EXAMPLE, SENATOR SIMON IS IN A MAJORITY WHITE DISTRICT AND IS A BLACK SENATOR, HOW DOES THAT RECONCILE WITH THE CONCERN OF THE CONSTITUTION. >> THE CONSTITUTION OR THE VOTING RIGHTS ACT. SO THE VOTING RIGHTS ACT SENATOR THE QUESTION COMES DOWN TO ALL THE TOTALITY OF CIRCUMSTANCES TEST IF WE ARE LOOKING AT AN AFRICAN-AMERICAN ELECTED FROM A MAJORITY WHITE DISTRICT, THAT CUTS AGAINST THE NOTION THAT YOU NEED EIGHT BRA DISTRICT SO THAT GOES UNDER THE TOTALITY OF CIRCUMSTANCES AND IF WE'RE LOOKING AT THE JINGLES PRECONDITIONS, THE RACE OF THE PERSON ELECTED DOES NOT MATTER. IT IS WHETHER OR NOT THE MINORITY CAN ELECT A PERSON OF THEIR CHOICE IN A PRIMARY THAT THEY CONTROL THAT'S THE FIRST TEST. IF FOR EXAMPLE THE MINORITIES CHOICE IS A DEMOCRAT YOU SEE WHETHER OR NOT THE MAJORITY CONTROL DEMOCRATIC PRIMARY THEN YOU SEE WHETHER OR NOT THAT MINORITIES CHOICE CAN PREVAIL IN THE GENERAL SO IT'S A COMMON TO ASSESS BOTH THOSE THINGS. >>Sen. Pizzo: YOU WOULD AGREE SOMETIMES ERRONEOUSLY, THAT THE PUBLIC CONFLATES THE IDEA THAT A CANDIDATE IS ACTUALLY REPRESENTATIVE OF THE SAME EITHER RACE OR GROUP THAT'S IN QUESTION, RIGHT? >>Chair Passidomo: I THINK WE ARE STILL HAVING TROUBLE HEARING YOU SO MAYBE YOU CAN RAISE THE MIC. >>Sen. Pizzo: YOU CAN ACTUALLY RAISE THE PODIUM. THERE'S A BUTTON ON THE RIGHT. JUSTIN TO THE RESCUE. THERE WE GO. >> I APOLOGIZE MADAM PRESIDENT. SENATOR, I AGREE WITH YOU SOMETIMES. BUT I SIMPLY NOTE THIS THAT AGAIN AS YOU POINTED OUT WITH THE EXAMPLE OF SENATOR SIMON, I APOLOGIZE, IS MY FIRST TIME TESTIFYING FOR THE LEGISLATURE. BUT SOMETIMES YOU WERE THERE, THE TOTALITY OF CIRCUMSTANCES TEST IF YOU HAVE A COMMUNITY, IF YOU HAVE THE STATE OF FLORIDA FOR EXAMPLE THE STATE OF FLORIDA IS CONSISTENTLY ELECTING MINORITIES TO ELECTED OFFICE THAT GOES TO THE TOTALITY OF CIRCUMSTANCE TEST AND IN FLORIDA THE BRA USED TO HAVE A PRECLEARANCE REGIME. FLORIDA WAS NEVER IN THE PRECLEARANCE REGIME FOR RACE, EVER, SO. >> WHAT REALLY CAUGHT MY EAR WAS WHEN YOU SAID IN LOOKING AT THESE PROPOSED CONGRESSIONAL REDISTRICTING PLAN MAPS YOU ACTUALLY DON'T KNOW AND CAN'T SPEAK TO HOW THEY'RE GOING TO PERFORM, CAN YOU? >> WE DIDN'T TAKE RACIAL DATA INTO ACCOUNT SO IF YOU'RE TRYING TO FIGURE OUT HOW THESE MAPS WOULD PERFORM TAKE THE RACIAL DATA, TAKE THE BLACK VOTING AGE POPULATION AND DO THE KINDS OF FUNCTIONAL ANALYSIS THIS CHAMBER AND HOSTED CYCLE AND ASSESS WHETHER OR NOT A PARTICULAR MINORITY COMMUNITY CAN CONTROL A PRIMARY AND CONTROL THE GENERAL AND WE DIDN'T TAKE RACIAL DATA INTO ACCOUNT, WE DIDN'T DO ANY FUNCTIONAL ANALYSIS SO I DON'T KNOW HOW THIS MAP WILL OR WILL NOT PERFORM. >>Sen. Pizzo: WHERE NOT SWEARING UMW DIDN'T GET SWORN IN THAT IN-HOUSE LENGTH IN THE PAST THE SUPREME COURT LIKES TO PRESS PLAY ON FLORIDA CHANNELED RECORDINGS BUT HOW ARE YOU PREPARED IF I CAN ASK AS AN INTELLECTUAL EXERCISE TO DEFEND WHAT IS PROPOSED THAT THIS WILL PASS THE LEGAL SMELL TEST AND SAY YOU DON'T KNOW HOW THIS WILL PERFORM. >> TAKING YOUR POINTS IN TURN, I AM AN OFFICER OF THE COURT SO UNDER THE RULES OF RE