2013-3828 Ordinance ORDINANCE NO. 2013-3828
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
CODE OF THE CITY OF MIAMI BEACH BY AMENDING
CHAPTER 62, ENTITLED "HUMAN RELATIONS," BY
AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY
AMENDING DIVISION 1, ENTITLED "GENERALLY," BY
AMENDING SEC. 62.31 ENTITLED "DEFINITIONS" TO DEFINE
INTERSSEXUALITY AND ADD THAT TERM AS A PROTECTED
CLASSIFICATION CATEGORY; TO AMEND SECTIONS 62-33
ENTITLED "PURPOSE; DECLARATION OF POLICY," 62-37(b)
ENTITLED "DUTIES AND POWERS," 62-88.1 ENTITLED
"DISCRIMINATION IN PUBLIC SERVICES," 62-90 ENTITLED
"USE OF MUNICIPAL FACILITIES," 62-91 ENTITLED
"MUNICIPAL FUNDS," AND 62-112(c) ENTITLED 61HOUSING99
TO INCLUDE INTERSEXUALITY AS A PROTECTED
CLASSIFICATION CATEGORY; AND PROVIDING FOR
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, on January 13, 2010, the Mayor and City Commission of the City of Miami
Beach adopted Ordinance 2010-3669, amending the City of Miami Beach Human Rights
Ordinance; and
WHEREAS, the Miami Beach Human Rights Ordinance established the City of Miami
Beach Human Rights Committee, which has as one of its principal duties recommending to the
City Manager and the City Commission legislation that would further the purpose of eliminating
and preventing discrimination in employment and public accommodations based upon
classification categories defined in Section 62-31 of the City of Miami Beach's Human Rights
Ordinance; and
WHEREAS, intersexuality, is defined by the Miriam Webster Dictionary as "the
condition of either having both male and female gonadal tissue in one individual or of having the
gonads of one sex and external genitalia that is of the other sex or is ambiguous;" and
WHEREAS, the Miami Beach Human Rights Committee discussed the issue of
discrimination based upon intersexuality at its October 8, 2013 meeting and voted to recommend
protection for intersexuals by amending the City of Miami Beach Human Rights Ordinance to
protect intersexuals from discrimination in employment, public accommodations, housing, and
provision of public services; and
WHEREAS, the Mayor and City Commission wish to adopt the Miami Beach Human
Rights Committee's recommendation to provide protection from discrimination for intersexuals;
and
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That Chapter 62 of the City Code is hereby amended as follows:
Chapter 62
HUMAN RELATIONS
Article II. Discrimination
Division 1. Generally
Sec. 62-31. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Classification category means each category by which discrimination is prohibited as set
forth within section 62-33. These categories are as follows: race, color, national origin, religion,
sex, intersexuality, gender identity, sexual orientation, disability, marital and familial status, or
age.
Intersexual ity means the condition of either having both male and female gonadal tissue
in one individual or of having the gonads of one sex and external genitalia that is of the other sex
or is ambiguous.
Sec. 62-33. Purpose; Declaration of Policy.
In the city, with its cosmopolitan population consisting of people of every race, color,
national origin, religion, sex, intersexuality, gender-, gender identity, sexual orientation, marital
and familial status, and age, some of them who are disabled as defined under section 62-31
hereof, there is no greater danger to the health, morals, safety and welfare of the city and its
inhabitants than the existence of prejudice against one another and antagonistic to each other
because of differences of race, color, national origin, religion, sex, intersexuality, gender
identity, sexual orientation, marital and familial status, age, or disability. The city finds and
declares that prejudice, intolerance, bigotry and discrimination and disorder occasioned thereby
�I
threaten the rights and proper privileges of its inhabitants and menace the very institutions,
foundations and bedrock of a free, democratic society.
The general purpose of this article and the policy of the city, in keeping with the laws of
the United States of America and the spirit of the state constitution, is to promote through fair,
orderly and lawful procedure the opportunity for each person so desiring to obtain employment,
housing and public accommodations of the person's choice in the city without regard to race,
color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and
familial status, age, or disability, and, to that end, to prohibit discrimination in employment,
housing and public accommodations by any person.
Sec. 62-37. Duties and Powers.
(b) To inform persons of the rights assured and remedies provided under this article,
and to promote goodwill, and minimize or eliminate discrimination because of race, color,
national origin, religion, sex, intersexuality, sexual orientation, gender identity, disability, marital
and familial status, or age;
Sec. 62-88.1. Discrimination in Public Services.
No individual shall, by reason of race, color, national origin, religion, sex, intersexuality,
sexual orientation, gender identity, marital and familial status, or age, nor any qualified
individual with a disability shall, by reason of disability, be excluded from participation in or be
denied the benefits of the public services of the city, or be subjected to discrimination by the city.
Sec. 62-90. Use of Municipal Facilities.
The use of municipal facilities in the city shall be regulated pursuant to the provisions of
this section. The purpose and intent of this section is to establish legislative and administrative
policies for the nondiscriminatory use of municipal facilities, which shall be defined as any and
all city-owned and operated facilities including buildings, parks, fields, and any other facility
now or in the future owned, controlled, leased, or operated by the city. All organizations, clubs,
and individuals wishing to obtain any fee waiver to use municipal facilities shall confirm in
writing as follows:
I [name of organization, club, or person] the [title] of [name of organization or
club], certify that Ilmy organization or club does not discriminate in its
membership or policies based on race, color, national origin, religion, sex,
intersexuality, sexual orientation, gender identity, familial and marital status, age
or disability.
Sec. 62-91. Municipal funds.
Municipal funding of organizations or clubs shall be regulated pursuant to this section.
The purpose and intent of this section is to establish legislative and administrative polices for the
award of municipal funds to organizations or clubs that do not discriminate in their membership
or policies. All organizations or clubs wishing to obtain municipal funding shall confirm in
writing as follows:
I [name of organization or club] the [title] of [name of organization or club],
certify that my organization/club does not discriminate in its membership or
policies based on race, color, national origin, religion, sex, intersexuality, sexual
orientation, gender identity, familial and marital status, age or disability.
Sec. 62-112. Housing.
(c) Nothing contained in this article shall preclude the seller, developer,
condominium association, lessor, property owner, or that person's authorized agent from
setting forth reasonable rules, regulations, terms and conditions pertaining to the sale,
lease or disposal of that person's property provided such rules, regulations, terms and
conditions are not based on race, color, religion, sex, intersexuality, sexual orientation,
gender identity, national origin, age, disability, familial status, or marital status and
provided there is no conflict with the affirmative provisions set forth in this article.
Furthermore, nothing in this article shall preclude reasonable rules, regulations, or terms
and conditions pertaining to the safe and prudent use by minors of facilities and amenities
provided in conjunction with real property.
SECTION 2. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
Passed and adopted this ► I L" day of �Q ��, 2013.
This Ordinance shall take effect theol day of kDZJe , 201 .
ATTEST: '
MAYOR
02-
RAFAA E. GRANAMd.
fir
Underline denotes add' cis;• ' �.'
Stfikethfough denotes ^eleting�
TED:. APPROVED AS TO
'r FORM&LANGUAGE
&F R EXEC N
==`' ATT EY DAT
AAIAMIBEACH
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
CC: Jimmy Morales, City Manager
FROM: Jose Smith, City Attorney
DATE: December 11, 2013
SUBJECT: SECOND READING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH BY AMENDING CHAPTER 62, ENTITLED "HUMAN RELATIONS,"
BY AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING
DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SEC. 62.31
ENTITLED "DEFINITIONS" TO DEFINE INTERSSEXUALITY AND ADD THAT
TERM AS A PROTECTED CLASSIFICATION CATEGORY; TO AMEND
SECTIONS 62-33 ENTITLED "PURPOSE; DECLARATION OF POLICY," 62-
37(b) ENTITLED "DUTIES AND POWERS," 62-88.1 ENTITLED
"DISCRIMINATION IN PUBLIC SERVICES," 62-90 ENTITLED "USE OF
MUNICIPAL FACILITIES," 62-91 ENTITLED "MUNICIPAL FUNDS," AND 62-
112(c) ENTITLED "HOUSING" TO INCLUDE INTERSEXUALITY AS A
PROTECTED CLASSIFICATION CATEGORY; AND PROVIDING FOR
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
BACKGROUND
The Miami Beach Human Rights Ordinance established the City of Miami Beach
Human Rights Committee which has as one of its principal dutie s recommending
to the City Manager and the City Commission legislation that would further the
purpose of eliminating and preventing discrimination in employment and public
accommodations based upon classification categories defined in Section 62-31 of
the City of Miami Beach's Human Rights Ordinance. At the request of the City of
Miami Beach Human Rights Committee, Mayor Matti Herrera Bower sponsored
this proposed ordinance. The item was passed on first reading at the October 16,
2013 City Commission meeting.
ANALYSIS
Intersexuality, is defined by the Miriam Webster Dictionary as "the condition of
either having both male and female gonadal tissue in one individual or of having
the gonads of one sex and external genitalia that is of the other sex or is
ambiguous."
1 - - - -
Agenda Item S C
Date I x-11-1
HRC—Intersexuality 2"d Reading
December 11, 2013
Page 2 of 4
In 2012, Australia adopted an anti-discrimination law that protects "intersex status"
alongside established grounds such as "sex" and "race." The government has also
adopted new guidelines on the recognition of sex and gender, which are currently
being implemented. The Australian healthcare system is removing gendered
references in its services, focusing on the specific biological needs of patients
instead of their legal sex or gender.
Also in 2012, the European Union released a report on discrimination against
intersex and trans people, titled "Discrimination against trans and intersex people
on the grounds of sex, gender identity and gender expression."
The report identifies Germany and Finland as having the most advanced
protection. In Germany, for example the ground of sexual identity is interpreted
broadly covering the whole LGBTI spectrum.
The report also identifies Scotland as having the only (then) known explicit
reference to intersex people in domestic legislation. In Scotland's Offences
(Aggravation by Prejudice) (Scotland) Act 2009,211, Art. 2(8) includes
"intersexuality" within the meaning of "transgender identity".
Research has not revealed any governmental entity in the United States that has
yet enacted protection for intersex people, so passage of this measure by the City
of Miami Beach would once again place the City on the cutting edge of civil rights
protections. This model could then be utilized to encourage other U.S.
jurisdictions to adopt similar measures.
The Miami Beach Human Rights Committee discussed the issue of discrimination
based upon intersexuality at its October 8, 2013 meeting and voted to recommend
that the City Commission adopt protection for intersexuals by amending the City of
Miami Beach Human Rights Ordinance to protect intersexuals from discrimination
in employment, public accommodations, housing, and provision of public services.
The Miami Beach Human Rights Committee and the administration therefore
recommend the passage of this Ordinance amending the Chapter 62 of the City
Code to define and protect intersexuality as a protected Classification Category.
ECONOMIC IMPACT
There is no cost to the City of Miami Beach associated with the adoption of this
ordinance.
t:\agenda\2013\december 1 Untersex memo 2nd reading.docx
2
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jose Smith, City Attorney
From: Matti Herrera Bower, Mayor
Date: October 9, 2013
Re: Amending our Human Rights Ordinance to protect Intersexuality from
Discrimination in the City of Miami Beach
I would like the City of Miami Beach to follow the recommendation of our Human Rights
Committee and request that your office draft the necessary amendments to our existing Human
Rights Ordinance to protect intersex status alongside other classification categories, such as
race, sex and sexual orientation. I would like to sponsor these amendments for first reading at
the October 16, 2013 meeting of the City Commission.
Should you have any questions, please contact Gabrielle Redfern at extension 6157.
Thank you.
MHB/fgr
NE THURSDAY,NOVEMBER 28,2013 1 13iNE
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City
Commission of the City of .Miami Beach, Florida, in the Commission Chambers,
3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
Wednesday,December 11,2013 to consider the following:
10:15 a.m.
Resolution Setting A Public Hearing To Adopt The First Amendment To The Capital Budget
For Fiscal Year(FY)2013/14.
Inquiries may be directed to the Office of Budget & Performance Improvement at
(305)673-7510.
11:15 a.m.
Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 62,
Entitled"Human Relations,"By Amending Article II,Entitled"Discrimination,"By Amending
Division'1,Entitled"Generally,"By Amending Sec.62.31 Entitled "Definitions"To Define
Intersexuality And Add That Term As A Protected Classification Category; To-Amend
Sections 62-33 Entitled "Purpose; Declaration Of Policy," 62-37(b)Entitled "Duties And
Powers," 62-88.1 Entitled "Discrimination In Public Services," 62-90 Entitled "Use Of
Municipal Facilities,"62-91 Entitled"Municipal Funds,"And 62-112(c)Entitled"Housing"
To Include Intersexuality As A Protected Classification Category.
Inquiries may be directed to the City Attorney's Office at(305)673-7470.
11:30 a.m.
GSAF,Classified Salary Ordinance
An Ordinance Amending Ordinance No.789,The Classified Employees Salary Ordinance
Of The City Of Miami Beach,Florida,As Follows:Providing For The Classifications In Group
V,Represented By The Government Supervisors Association Of Florida,OPEIU,Local 100
(GSAF),to Accordance With The Negotiated Collective Bargaining Agreement; Effective
The First Pay Period Ending In October Of 2014,There Shall Be An Across The Board
Cost-Of-Living Adjustment (COLA) Of Three Percent (3%), And The Minimum And
Maximum Of Each Pay Range Will Also Be Increased.By Three Percent(3%);Repealing All
Ordinances In Conflict.
Inquiries may be directed to the Human Resources Department at(305)673-7524.
INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,
or to express their views in writing addressed to the City Commission,c/o the City Clerk,
1700 Convention Center Drive, 1st Floor,City_Hall,Miami Beach,Florida 33139.Copies
of these items are available for public inspection during normal business hours in the City
Clerk's Office, 1700 Convention Center Drive; 1st Floor,City Hall,Miami Beach, Florida
33139.This meeting,or any item herein,may be continued,and under such circumstances
additional legal notice will not be provided.
Rafael E.Granado,City Clerk
City of Miami Beach
Pursuant to Section 286.0105,Fla.Stat.,the.City hereby advises the public that:if a,person
decides to appeal any decision made by the City Commission with respect to any matter
considered at its meeting or its hearing,such person must ensure that a verbatim record of
the proceedings is made,which record includes the testimony and evidence upon which
the appeal is to be based.This notice does not constitute consent by the City for the
introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format,,sign language interpreters, information on
access for persons with disabilities and/or any accommodation to review any document
or participate in any City-sponsored proceeding,please contact us five days in advance at
(305)673 441.1(voice)or TTY users may also call the Florida Relay Service at 711.
Ad#849