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Resolution 2019-30679 RESOLUTION NO. 201940679 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE AND THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF VITAL STATISTICS, TO JOIN NEW YORK CITY AND THE STATES OF CALIFORNIA, OREGON, WASHINGTON, AND IDAHO BY CODIFYING LAWS AND REGULATIONS THAT ALLOW AMENDMENTS TO AN INDIVIDUAL'S GENDER IDENTITY ON A BIRTH CERTIFICATE WITHOUT THE SIGNATURE OF A MEDICAL PROFESSIONAL CONFIRMING GENDER TRANSITION TREATMENT AND THAT REQUIRE A GENDER NEUTRAL OPTION ON BIRTH CERTIFICATES. WHEREAS, gender is a very important part of one's sense of self and, accordingly, the usage of incorrect gender pronouns can cause a person to feel disrespected, alienated, and/or dysphoric; and WHEREAS, the binary gender designations of "female" and "male" fail to adequately represent the diversity of the human experience; and WHEREAS, while many individuals and many transgender people use female or male pronouns and titles, some non-binary, transgender, and gender non-conforming people do not identify as strictly"male" or strictly"female"; and WHEREAS, people with non-binary gender identities may or may not identify as transgender, may or may not have been born with intersex traits, may or may not use gender- neutral pronouns, and may or may not need or desire to undergo sex-reassignment surgery or gender transition; and WHEREAS, recognizing that not every transgender or non-binary individual desires or needs to undergo sex reassignment surgeries, the City of New York, and the states of California, Oregon, Washington, and Idaho now allow a change of an individual's gender identity on a birth certificate without the signature of a medical authority confirming clinical treatment for gender transition or sex reassignment surgery; and WHEREAS, currently, the Florida Administrative Code allows for amendments to an individual's gender identity on a birth certificate with original, certified, or notarized supporting documentary evidence if the applicant submits (1)an application to amend a Florida birth record; (2) an affidavit of amendment of certificate of live birth, signed in front of a notary; and (3) a letter from a physician confirming appropriate clinical treatment for gender transition; and WHEREAS, the City of Miami Beach urges the Florida Legislature and the Florida Department of Health, Bureau of Vital Statistics, to amend the provisions of§64V-1.003(1) of the Florida Administrative Code and, all other relevant statutory or regulatory laws and rules so that supporting documentary evidence in the form of a letter from a physician confirming clinical treatment for gender transition is no longer required to amend the gender designation on a birth certificate; and WHEREAS, in lieu of a letter from a physician confirming clinical treatment for gender transition, an applicant should be required to submit a signed and notarized statement that the amendment to the gender designation on the applicant's birth certificate is to conform to the applicant's true gender identity and is not for any fraudulent purpose; and WHEREAS, the City of Miami Beach further urges the Florida Legislature and the Florida Department of Health, Bureau of Vital Statistics, to pass legislation and regulations allowing applicants wishing to amend their birth certificate to have the options of "female," "male," or a gender-neutral option of"x" in order to conform to the applicant's gender identity. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY. OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby urge the Florida Legislature and the Florida Department of Health, Bureau of Vital Statistics, to join New York City and the states of California, Oregon, Washington, and Idaho by codifying laws and regulations that allow amendments to an individual's gender identity on a birth certificate without the signature of a medical professional confirming gender transition treatment and that require a gender neutral option on birth certificates. PASSED AND ADOPTED this � ‘ day of J04t ov / , 2019. ATTEST: . 11 _iiii,____, . -.._ ._ p. y " - - 13��Ly Dan Gelber, Mayor Rafael E. Granado City Clerk APPROVED AS TO (Sponsored by Vice-Mayor ►i;chael Gongora) FORM & LANGUAGE � ,1 & FO EX UTION �'�4ti 14(.11 .� t P ::.....„,\,,4% City Attorney Dote 6* 1CORP ORATED' : Cris V4... i CH 26 ac F:\ATTO\TURN\RESOS\Birth Certificate Reso.docx Resolutions - C7 Q MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: January 16, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF VITAL STATISTICS, TO JOIN NEW YORK CITYAND THE STATES OF CALIFORNIA, OREGON, WASHINGTON, AND IDAHO BY CODIFYING REGULATIONS THAT ALLOW AMENDMENTS TO AN INDIVIDUAL'S GENDER IDENTITY ON A BIRTH CERTIFICATE WITHOUT THE SIGNATURE OF A MEDICAL PROFESSIONAL CONFIRMING GENDER TRANSITION TREATMENT AND THAT REQUIRE A GENDER NEUTRAL OPTION ON BIRTH CERTIFICATES. RECOMMENDATION Pursuant to the request of Vice-Mayor Michael Gongora, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the January 16, 2019 Commission meeting. Legislative Tracking Office of the City Attorney Sponsor Vice-Mayor Michael Gongora Page 817 of 1648