Ordinance 2020-4334O R D IN A N C E N O . 2 0 2 0 -4 3 3 4
A N O R D IN A N C E O F T H E M A V O R A N D C IT Y C O M M IS S IO N O F
T H E C IT Y O F M IA M I B E A C H , F L O R ID A , A M E N D IN G C H A P T E R
6 2 O F T H E C O D E O F T H E C IT Y O F M IA M I B E A C H , E N T IT L E D ,
"H U M A N R E L A T IO N S ," B Y A M E N D IN G A R T IC L E II , E N T IT L E D
"D IS C R IM IN A T IO N ," B Y A M E N D IN G S E C T IO N 6 2 -8 6
E N T IT L E D "D IS C R IM IN A T IO N IN E M P L O Y M E N T ," T O E X T E N D
E M P L O Y M E N T P R O T E C T IO N S T O IN D E P E N D E N T
C O N T RA C T O R S ; A N D P R O V ID IN G F O R R E P E A L E R ,
S E V E RA B ILI T Y , C O D IF IC A T IO N , A N D A N E F F E C T IV E D A T E .
W H E R E A S , the United States is in the middle of an independent labor explosion. As of
2016, the Bureau of Labor Statistics estimates that there are 15 million independent workers in
the United States, and that number has been on a mostly steady growth track since 2000; and
WHEREAS, according to a 2017 study conducted by Fiverr, an online marketplace for
freelance services, Miami metropolitan area ranks as the fourth biggest market for independent
professionals in the country and has the largest share of independent workers in the country
when viewed as a share of contribution to metro GDP; and
WHEREAS, however, despite their rapidly growing numbers, independent workers also
face unique challenges, such as limited legal protections; and
WHEREAS, legal protection for self-employed professionals varies wildly across the
United States depending on whether they are independent contractors or run their own
corporations; and
WHEREAS, under federal law, a contract worker lacks the right to sue for sexual
harassment or gender discrimination, for example, because workplace civil rights laws do not
apply; and
WHEREAS, currently, only New York City, California, Washington and Pennsylvania
extend other workplace protections to contractors; and
WHEREAS, Section 62-86 of the City Code prohibits employers from discriminating
against any individuals on any basis articulated in Section 62-33 of the City Code, with respect
to that individual's compensation, terms, conditions or privileges of employment because of
such individual's actual or perceived classification category; and
WHEREAS, the City of Miami Beach prides itself on being a diverse community, and a
leader in adopting policies of inclusiveness, and has demonstrated a long history of opposing
discrimination based on gender; and
WHEREAS, as such, the City has an important government interest in protecting
independent contractors and providing them with legal protections under the City Code; and
WHEREAS, it is the desire of the Miami Beach City Commission to prohibit employers
from discrimination against independent workers and contractors on any basis articulated in
Section 62-33.
NO W , TH E R E FO R E , B E IT DU L Y O R D A IN E D B Y T H E M A Y O R A N D C IT Y
C O M M IS SIO N O F TH E C IT Y O F M IA M I BEA C H , FLO R ID A A S FO L LO W S :
S EC T IO N 1. That Sections 62-31 and 62-86 of Chapter 62 of the City Code is hereby amended
as follows, with additional provisions provided for references purposes:
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:
Administrator means that person appointed pursuant to subsection 62-56(a).
Age means the chronological age of any individual who is 18 years or older.
Ancestry means a person's family or ethnic descent or the origin and background
surrounding a person's genealogical lineage.
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, age,
ancestry, height, weight, domestic partner status, labor organization membership, familial
situation, and political affiliation.
Committee means the City of Miami Beach Human Rights Committee.
Disability. Disabled persons are persons who:
(1) Have a physical or mental impairment that substantially limits one or more of such
person's major life activities.
a. Major life activities means functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
b. Qualified, with respect to employment, means such individual can perform the
essential functions of the job in question with reasonable accommodations, and
with respect to public services means an individual who, with or without
reasonable modifications to rules, policies, or practices, the removal of
architectural, communication, or transportation barriers, or the provision of
auxiliary aids and services, meets the essential eligibility requirements for the
receipt of services or the participation in programs or activities provided by the city.
c. Substantially limited means likely to experience difficulty in securing, retaining or
advancing in employment because of a disability.
Discriminatory practice means an intentional act that is unlawful and prohibited.
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D om estic part nership status means the presence or absence of a domestic partnership and
include the state of being in a domestic partnership, separated, or not in a domestic partner
relationship. In this context, the term "separated" includes persons who have previously been a
part of a domestic partnership.
Employee means a person employed by or seeking employment from an employer. It does
not include any person employed by parents, a spouse or child.
Employer means any person who has five or more employees, in each of four or more
calendar weeks in the current calendar year, and any agent of such person.
Entity includes "employee," "employer," and "person."
Familial situation means the state of a person's being raised by, or currently living with, a
certain number of biological parents, or by a non-biological parent or parents, or without
parents, or by any individual or group of individuals who is protected by this chapter.
Familial status means one or more individuals who have not attained the age of 18 years
being domiciled with:
(1) A parent or another person having legal custody of such individual or individuals; or
(2) The designee of such parent or other person having custody, with the written
permission of such parent or other person.
Family means one or more individuals living as a single housekeeping unit.
Gender identity includes actual or perceived sex, and shall also include a person's gender
identity, self-image, appearance, expression or behavior, whether or not that gender identity,
self-image, appearance, expression or behavior is different from that traditionally associated
with the sex assigned to that person at birth.
Height means a numerical measurement from base to top of a human person, but includes
an expression of that measurement in relation to weight, or an individual's unique physical
composition through body size, shape, and proportions.
Housing or housing accommodations means any building, structure or portion thereof, or
other facility occupied as, or designed or intended for occupancy as, a residence by one or
more families, and any vacant land which is offered for sale or lease for the construction or
location thereon of any such building, structure, or portion thereof, mobile home, trailer or other
facility. However, nothing in this article shall apply to rooms or units in housing containing living
quarters occupied or intended to be occupied by no more than four families living independently
of each other, if the owner actually maintains and occupies one of such living quarters as his
residence.
Independent contractor or worker means a person or entity contracted to perform work
for-or provide services to-another entity as a nonemployee.
Interested party means the person filing a complaint or the person against whom a
complaint has been filed.
lntersexuality 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.
Labor organization membership means the presence or absence of a person's status either
as a member or non-member, regarding any organization of any kind, or any agency or
employee representation committee or plan, in which employees participate and which exists for
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the purpose, in whole or in part, of dealing with employers concern ing grievances, labor
disputes, wages, rates of pay, hours of employm ent, or conditions of work.
Marital status means the presence or absence of a marital relationship and includes the
state of being married, separated, or unmarried. The term "unmarried" includes persons who
are single, divorced or widowed.
Mediation agreement means a written agreement entered into between a complainant and
respondent setting forth the resolution of the issues raised by a complaint, or by the
investigation of such complaint, through informal negotiations involving the complainant, the
respondent, and the mediator.
Mediator means that person appointed pursuant to section 62-63.
National origin means the origin of an ancestor, the country of origin of a person's
forbearer, naturally, by marriage or by adoption.
Owner means any person, including, but not limited to, a lessee, sublessee, assignee,
manager or agent, and also including the city and its departments or other subunits, having the
right of ownership or possession or the authority to sell or lease any real property.
Person means one or more individuals, partnerships, associations, political subdivisions,
labor unions, organizations, cooperatives, mutual companies, joint-stock companies,
unincorporated organizations, trusts, trustees, or receivers, legal representatives, for-profit and
not-for-profit associations and corporations, and business associations of whatever kind
including, without limitation, general partnerships, limited liability partnerships, corporations,
limited liability companies, business trusts, and joint ventures.
Political affiliation means ideological support of or opposition to, membership in, or donation
of value to an organization or person which is engaged in supporting or opposing candidates for
public office or influencing or lobbying any incumbent holder of public office on any single or
number of issues which may be before any governmental branch.
Public accommodations means any retail establishment, an inn, hotel, motel or other
establishment providing lodging to transient guests, other than an establishment located within a
building containing not more than five rooms for rent or hire and is actually occupied by the
proprietor of such establishment as his residence; any restaurant, cafeteria, lunchroom, lunch
counter, soda fountain or other facility principally engaged in selling food for consumption on the
premises, including, but not limited to, any such facility located on the premises of any retail
establishment, or any gasoline station; any bar, lounge, nightclub or other facility principally
engaged in selling alcoholic beverages for consumption on the premises or any facility
principally engaged in selling both food and alcoholic beverages for consumption on the
premises; any motion picture house, theater, concert hall, convention hall, or other place of
exhibition of entertainment; and any establishment physically located within the premises of any
establishment otherwise covered by this article or within the premises of which is physically
located any such covered establishment, and which holds itself out as serving patrons of such
covered establishment.
Public services means services, programs, or activities of the city.
Real property means any land, buildings, fixtures, and all other improvements to land. The
terms "land", "real estate," "realty" and "real property" may be used interchangeably.
Rent means to lease, sublease, assign, let or otherwise grant for a consideration the right to
occupy premises not owned by the occupant.
Respondent means any person against whom a complaint is filed pursuant to this article.
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S a/e includes any contract to sell, exchange, convey, transfer or assign legal or equitable
title to, or a beneficial interest in, real property.
Sex means male or female gender, and includes pregnancy, child birth, or medical
conditions related to pregnancy or child birth.
Sexual orientation means actual or perceived heterosexuality, homosexuality, or
bisexuality.
Weight means a numerical measurement of a human body's relative mass or the quantity of
matter contained by it, giving rise to downward force, or an individual's unique physical
composition through body size, shape, and proportions, and may be influenced by another
person's impression of that individual as fat or thin, regardless of the numerical measurement.
Sec. 62-32. City of Miami Beach Human Rights Ordinance.
This article shall be known and may be cited as the "City of Miami Beach Human Rights
Ordinance."
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 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
actual or perceived differences of race, color, national origin, religion, sex, intersexuality, gender
identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight,
domestic partner status, labor organization membership, familial situation, or political affiliation.
The city finds and declares that prejudice, intolerance, bigotry and discrimination and disorder
occasioned thereby 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 actual or
perceived differences of race, color, national origin, religion, sex, intersexuality, gender identity,
sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic
partnership status, labor organization membership, familial situation, or political affiliation, and,
to that end, to prohibit discrimination in employment, housing and public accommodations by
any person.
Sec. 62-34. Human Rights Committee established.
Effective April 15, 201 O, there shall be established a Human Rights Committee, with shall
be a standing committee of the city.
Sec. 62-35. Membership.
(a) The committee shall consist of a minimum of five and a maximum of 11 members, with one
out of every five members to be a direct appointment by the mayor, and with the remaining
members to be at large appointments of the city commission.
(b) The members of the committee shall reflect, as nearly as possible, the diversity of
individuals protected under the city's human rights ordinance. In keeping with this policy,
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not less than tw o m o nths prio r to m aking appointm e nts or re-appo intm e nts to the
com m ittee , the city m a nage r shall solicit nom inatio ns fr om as m a ny pub lic se rv ice gro up s
and other sources, w hich he/she deem s appro priate, as possible .
(c) A t least one of the com m ittee m e m bers shall possess, in add itio n to the gene ral
qualificatio ns set fo rt h herein fo r m e m be rs, a license to practice law in the S tate of Flo rid a ;
be an active m em ber of and in good standing w ith the Florida Bar; and have expe rie nce in
ci vil rig hts law .
(d) M e m bers shall serv e w itho ut com pensation.
Sec. 62-36. Meetings; conduct of business.
(a) Regular meetings of the committee shall be held at least monthly.
(b) The city manager shall provide such adequate and competent administrative, technical and
clerical personnel as may be reasonably required for the proper performance of the
committee's duties.
Sec. 62-37. Duties and powers.
The committee shall have the following advisory duties, functions, powers, and
responsibilities:
(a) To study, advise, and make recommendations to the city manager and city commission for:
(1) Legislation on policies, procedures, and practices which would further the
purposes of this article;
(2) Developing human relations plans and policies for the city to consider and making
investigations and studies appropriate to effectuate the purposes of this article;
(b) To inform persons of the rights assured and remedies provided under this article, and to
promote goodwill, and minimize or eliminate actual or perceived discrimination because of
race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity,
disability, marital and familial status, age, ancestry height, weight, domestic partnership
status, labor organization membership, familial situation, or political affiliation;
(c) To call conferences of persons in the industries of housing, public accommodations, and
employment in the city to acquaint them with the requirements of this article and, without
limitation, the City of Miami Beach Human Rights Ordinance, and to endeavor with their
advice to develop programs of voluntary compliance and enforcement; and
(d) To hear appeals from the city manager's determination of no probable cause, where
appropriate and necessary; and designate committee members to hear, in an advisory
capacity to the hearing examiner, complaints alleging unlawful discrimination practices; and
provide the hearing examiner {through the designated committee members) with a non-
binding advisory recommendation prior to final disposition of the complaint.
The city's adoption of any committee recommendations (pursuant to those powers and
duties which may be exercised by the committee under subsections (a) through (d) above,
including, without limitation, recommendations that the city enact any legislation; plans, policies
and procedures; call for studies and/or investigations; call for conferences; enact any programs;
and/or distribute educational/informational materials, all with the purpose of furthering and
effectuating the mission of the City of Miami Beach Human Rights Ordinance and this article),
shall be subject to prior approval of the city commission, and such approval (if given at all) shall
be further subject to funding availability.
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DIVISIO N 2. ADMINISTRA TIO N
Sec. 62-56. Adm inistrative authority; pow ers and duties.
(a) The provisions of this article shall be administered and enforced by the city manager or
his/her designee. The city manager or his/her designee shall hereinafter be referred to as
the "administrator".
(b) The administrator's powers and duties include the following:
(1) Receive written complaints as provided by this article relative to alleged unlawful
discriminatory practices, and transmit those complaints for proper handling;
(2) Establish, administer or review programs at the request of the city commission and
make reports on such programs to the city commission;
(3) Render to the city commission annual written reports of activities under the provisions
of this article, along with such comments and recommendations as the administrator
may choose to make;
(4) Cooperate with and render technical assistance to federal, state, local and other public
and private agencies, organizations and institutions that are formulating or carrying on
programs to prevent or eliminate the unlawful discriminatory practices covered by the
provisions of this article; and
(5) Conduct educational and public information activities at the request of the city
commission that are designed to promote the policy of this article.
Sec. 62-57. Religious organizations.
The provisions in this article relating to sexual orientation shall not apply to any religious
organization, association, society or any nonprofit charitable or educational institution or
organization operated, supervised or controlled by or in conjunction with a religious
organization, association or society.
Sec. 62-58. Filing of a complaint and time limit.
(a) Any person alleging that an unlawful discriminatory practice has occurred must file a
verified, written complaint with the administrator within 180 days after the alleged unlawful
discriminatory practice occurred.
(b) The complaint may be filed by personal delivery, ordinary mail, registered mail or certified
mail, addressed to the office of the city manager.
Sec. 62-59. Information on complaint.
(a) A complaint of an unlawful discriminatory practice must be in writing, either on a form
promulgated by the city administration (and approved by the administrator) or on any paper
suitable for a complaint. The complaint shall be signed by the person making the complaint
(hereinafter, the "complainant"); shall be sworn to or affirmed; and, at a minimum, shall
state the full name and address, of the complainant; the full name and address of each
respondent against whom the complaint is made, and who are alleged to have committed
the unlawful discriminatory practice; the facts upon which the complaint is based; the
classification category or categories of discrimination upon which the complaint is based;
and other such information as may be required by the administrator.
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(b) A com plaint sha ll not be w ithin the jurisdiction of the C ity of M iam i Beach H u m a n R ig hts
O rdinance if:
(1) Th e com pla int has been filed m or e than 18 0 days after the alleg e d unlawf ul
discrim inatory practice occurred;
(2) The com plaina nt has previo usly initiated, or initiates, a civil actio n in a co urt of
com petent jurisdiction alleging an unlawf ul discrim inatory practice w ith respe ct to the
sam e grievance w hich is the subject of the com pla int unde r this art icle ; or
(3) T he com pla inant has previously fil ed, or files, an action or pro cee ding befo re any
adm inistrative agency unde r any othe r law of the state, county, or city (includ ing ,
w itho ut lim itatio n, an agency w ith duties and pow ers sim ilar to those prescrib ed in this
art icle ) alleg ing an unlawf ul discrim inatory practice w ith respect to the sa m e grie vance
w hich is the subject of the com plaint under this art icle , and the adm in istrative ag e ncy is
either pro ceeding w ith its ow n investigation of the com plaint or fina l de te rm inatio n ha s
been m a de thereon.
Sec. 62-60. Notification of respondent; answer.
(a) The administrator shall, within 45 days after the filing of a verified, written complaint of an
unlawful discriminatory practice, serve on the respondent, by certified mail or personal
delivery, a copy of the complaint and a notice identifying the alleged unlawful discriminatory
practice and advising respondent of the procedural rights and obligations of respondent
under this article.
(b) Within 45 days after a copy of the complaint is served upon the respondent by the
administrator, the respondent may file an answer thereto. If an answer is filed, the
administrator shall cause a copy of such answer to be served upon the complainant. If an
answer is filed, the answer shall be in writing and contain, at a minimum, a separate and
specific response to each and every particular of the complaint or a denial of any
knowledge or information thereof sufficient to form a belief. Any allegation in the complaint
which is not denied shall be deemed admitted. If the respondent elects not to answer the
complaint, and an answer to the complaint is not filed, then the hearing shall proceed on the
evidence in support of the complaint.
Sec. 62-61. Amending complaints or answers.
A complaint of an unlawful discriminatory practice, or answer (if filed), may be amended in
writing at any time when it would be fair and reasonable to do so, so long as the administrator
will have adequate time to investigate any additional allegations and the parties will have
adequate time to present the administrator, mediator, or hearing examiner (as the case may be)
with evidence concerning such allegations before the issuance of findings of fact and a
determination. The administrator shall furnish a copy of each amended complaint or answer to
the respondent or complainant, respectively, as promptly as practicable. For jurisdictional
purposes, such amendments shall be related back to the date the original complaint was first
filed.
Sec. 62-62. Investigation of complaints.
(a) Whenever a verified, written complaint is filed pursuant to this article, the administrator, at
his or her sole option and election, shall either designate a member of his/her administrative
staff, or retain an outside consultant/investigator, who shall make a full and prompt
investigation in connection therewith (including a prompt and full investigation of the alleged
unlawful discriminatory practice), and forward to the administrator a written summary of the
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investigation. In the event that the adm inistrator retains an outside investigator, he /she sha ll
fir st report sam e to the city com m issione rs thro ug h the "letter to co m m issio n" (L TC )
pro cess, indicating the na m e , qua lifications and other curriculum vitae of the investiga tor;
and the pro posed fee fo r the investigation. A ny city com m issione r m a y pla ce the
adm inistrator's proposed retention of an outside investigator for discussio n by the full city
com m issio n; pro vided that the item m ust be pla ced on the agenda of the next ci ty
com m ission m eeting im m e diately fo llow ing the adm inistrator's issuance of the L T C .
(b) T he adm inistrator m a y de term ine , upon conclusion of the investigatio n and review of the
w ritten sum m ary , that:
(1) Th e com pla int has no validity;
(2 ) T he responde nt cha rged in the com plaint has not engaged in or is not enga g ing in the
alleged unlawf ul discrim inatory practice; and/or
(3 ) T he com plaint is not w ithin the jurisdiction of the C ity of M iam i Be a ch H um a n R ig hts
O rdinance.
S uch determ ination shall be issued in w riting. W ith respect to the w ritten de term inatio n,
"issued" shall be defined as the date signed by adm inistrator. U po n issua nce , the
adm inistrator's findings of fact, determ inatio n and orde r m ay not be am e nde d or w ithd raw n
except upon the agreem e nt of the part ies or, by the adm inistrator, in respo nse to an ap pe al
taken pursuant to subsection 62-62(d) below ; pro vided , how ever, that the ad m in istrato r m a y
correct cl e rical m istakes or erro rs arising from oversig ht or om ission.
(c) If, upon concl usion of the investigatio n and review of the w ritten sum m a ry , the ad m inistrator
finds that pro bable cause exists fo r the allegatio ns m ade in the co m p la int, such
determ ination shall also be m ade in w riting. Upon issua nce, the w ritten dete rm inatio n sha ll
be furn ished pro m ptly to the com plainant and respo nde nt.
(d) D eterm ination of no pro ba ble cause ; appeal fr om and dism issal. If a de te rm inatio n is m a de
by the adm inistrator that no pro bable cause exists for the allegations m a de in the co m p la int,
the com plainant shall have the right to appeal such determ ination to the co m m ittee w ithin
30 days of the issuance of the w ritten determ ination, by fil ing a w ritten statem e nt of appea l
w ith the com m ittee . T he com m ittee sha ll pro m ptly de liver a copy of the state m e nt to the
adm inistrator and the respo nde nt, and shall, at a duly noticed m eeting of the co m m ittee ,
pro m ptly conside r and act upon such appeal by either:
(1) A ffirm ing the adm inistrator's determ ination, or
(2 ) Rem anding it to the adm inistrator w ith appro priate instructions.
In the event no appea l is taken or such appeal results in affi rm ance, or if rem a nd e d on
appe al (a nd on rem a nd), the adm inistrator still determ ines that no pro bable ca use exists, the
determ ination of the adm inistrator shall be final; the com pla int shall be close d w ith a m in isteria l
finding of no pro bable cause or no jurisdiction; the com plainant and the respo nde nt sha ll be
pro m ptly notified, in w riting; and the com plaint shall be dism issed.
Sec. 62-63. Mediation.
(a) If a determination is made by the administrator that probable cause exists to believe that an
unlawful discriminatory practice has occurred, or is occurring, the administrator shall first
endeavor to resolve the complaint by mediation. At his or her election, the administrator
may serve as the mediator, or (in consultation with the city attorney) the administrator may
appoint an independent mediator to act as a neutral third person to encourage and facilitate
the resolution of the complaint. The independent mediator shall be an individual who shall
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have been determ ined by the adm inistrator and city attorn ey to have the kno w ledg e , skills,
and abilities to perf orm in such capacity as m ediator. In the event that the adm inistrato r
appoints an inde pende nt m ediator, the costs fo r m e diation shall be sha red equally by the
com pla inant and the respo nde nt.
(b) T he m e diator shall attem pt to m ediate the dispute and to report to the ad m in istrator and the
city attorn ey on the results of the m ediation effort s w ithin 12 0 da ys of com m e ncem e nt of
m ediation.
(c) Th e term s of the m e diatio n sha ll be reduced to w riting in the fo rm app ro ved by the
m ediator, and m ust be sig ned and verified by the com plaina nt and respo nde nt, and
appro ved by the m e diator. T he m ediatio n agreem e nt shall constitute an agree m e nt
betw een the com plaina nt and responde nt; shall be fo r m ediatio n purpo ses only; and sha ll
not constitute an adm ission by any part y that the law has been vio lated.
(d) If the responde nt com plies w ith the recom m e ndatio ns unde r the m edia tio n agree m e nt, the
m atter shall be deem e d settled and term inated and no furt her pro ceed ings w ith rega rd to
the com plaint need be taken.
Sec. 62-64. Proceeding before hearing examiner; decision and order.
(a) In the event mediation fails to resolve a complaint, or after 120 days have passed from
commencement of mediation, the administrator shall refer the complaint to the city attorney.
The city attorney shall prosecute the complaint before a hearing examiner. The hearing
shall be conducted pursuant to the procedures set forth in section 30-72; provided,
however, that if the city attorney determines that there is no legal basis for a complaint to be
filed, or for the proceedings to continue, the complaint shall be dismissed, and a statement
of the reasons therefor shall be filed with the administrator, with copies furnished to the
complainant and respondent. The city attorney's determination shall be final.
(b) For purposes of this article, the hearing examiner shall be selected by the city's chief
special master, and shall have the knowledge, skills and abilities to perform in such
capacity as special master with regard to hearing the particular complaint. At his or her
election, the chief special master may either select one of the city's sitting special masters,
or a hearing examiner pro tempere, appointed by the chief special master from a list
approved by the city commission (and having the knowledge, skills and abilities to perform
in the capacity of special master with regard to hearing the particular complaint).
(c) The committee, after notice of the date of hearing from the hearing examiner, shall, appoint
two members of the committee who have not otherwise been involved in the charge,
investigation, fact-finding, or other resolution and proceedings on the merits of the case,
who have not formed an opinion on the merits of the case, and who have no pecuniary,
private or personal interest or bias in the matter, to hear the case with the hearing
examiner. The committee designated representatives, shall act in an advisory capacity to
the hearing examiner. The hearing examiner shall preside over the hearing, serve as the
chair, and make all evidentiary rulings; provided, however, that following conclusion of the
hearing but prior to the hearing examiner's ruling on the case, as provided in subsection 62-
64( d) below, the designated committee members shall issue their non-binding advisory
recommendation to the hearing examiner as to whether, based on the evidence presented,
a violation of this article has occurred.
(d) Within ten days of the conclusion of the hearing, the hearing examiner shall issue written
findings of fact and conclusions of law, and a determination as to whether a violation of this
10
art icle has occurred. Copies sha ll be sent by cert ified m a il to the co m pla ina nt and the
responde nt, w ith copies also sent to the adm inistrator, ci ty attorn ey, and the com m ittee .
Sec. 62-65. Penalties; compliance investigation.
(a) Any person(s) found in violation of this article shall be subject to the following penalties:
(1) For a first finding of an unlawful discriminatory practice within a five-year period, up to
$1,000.00;
(2) For a subsequent finding of an unlawful discriminatory practice within a five-year
period, up to $5,000.00; and
(3) Notwithstanding subparagraphs (1) and (2), for a finding of an unlawful discriminatory
practice which is irreparable or irreversible in nature, up to $15,000.00.
(b) In determining the amount of the fine, the hearing examiner shall consider the following
factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
(c) In addition to the fines which may be imposed in subsection (a), the following penalties may
also be applied:
(1) In the event of a finding of discrimination in either public accommodations, housing, or
employment, a letter may be sent asking that the alleged offender desist from the
actions complained of.
(2) In the event of a finding of discrimination in public accommodations where the alleged
offender holds a license to sell alcoholic beverages, the hearing examiner may request
that the administrator refer the violation to the appropriate state agency to determine
whether due cause exists under applicable state law to revoke such license.
(3) In the event of a finding of discrimination in either public accommodations, housing, or
employment where the alleged offender holds an occupational license issued by the
city or is doing business with the city pursuant to a contract, the hearing examiner may
request that the administrator direct the appropriate city department to conduct an
investigation to determine whether due cause exists to revoke such license or contract.
(4) In the event of a finding of discrimination in either public accommodations, housing, or
employment, the hearing examiner may request that the administrator direct the
appropriate city department to conduct an investigation to determine whether the
alleged offender has violated any other city ordinance which applies to the alleged
discriminatory conduct.
(5) In the event of a finding of discrimination in either public accommodations, housing, or
employment, the hearing examiner may request that the administrator refer the alleged
discriminatory practice to the appropriate and applicable state and/or federal
agency(ies) for further investigation, action, and handling (including, without limitation,
determination by such appropriate/applicable agency(ies) as to whether the alleged
offender has violated any state or federal law which applies to the alleged
discriminatory conduct).
(d) The hearing examiner may reduce a fine imposed pursuant to this article in accordance
with the procedures contained in chapter 30 of this Code.
11
(e) C om plia nce investigation. N ot later than one year fr om the date of a m e d ia tio n ag ree m e nt
or findings after hearing, and at any other tim es (in his or he r discretio n ) the ad m inistrator
shall investigate, or m ay direct the com m ittee to investigate, w hether the respo nde nt is
com plying w ith the term s of such agreem e nt or recom m e ndations.
Sec. 62-66. Additional remedies.
The procedures prescribed by this article do not constitute an administrative prerequisite to
another action or remedy available under other law. Further, nothing in this article shall be
deemed to modify, impair, diminish, limit or otherwise affect any right or remedy conferred by
local, state or federal law.
DIVISION 3. REGULATIONS
Sec. 62-86. Discrimi nation in employment.
It is an unlawful discriminatory practice for an employer to fail to hire or refuse to hire or
to discharge any individual applicant, employee, or independent contractor, or otherwise to
discriminate against any individual with respect to that individual's compensation, terms,
conditions or privileges of employment because of such individual's actual or perceived
classification category.
Sec. 62-87. Discrimi nation in public accommodations.
(a) It is an unlawful discriminatory practice for any person, being the owner, lessee, proprietor,
manager, superintendent, agent or employee of any place of public accommodation, resort
or amusement because of the actual or perceived classification category of any person
directly or indirectly to refuse, withhold from or deny to such person any of the
accommodations, advantages, facilities or privileges thereof, that are afforded the other
customers, or directly or indirectly to publish, circulate, issue, display, place, maintain, post
or mail any written or printed communication, notice or advertisement to the effect that any
of the accommodations, advantages, facilities and privileges of any such place shall be
refused, withheld from or denied to any person on account of actual or perceived
membership in any classification category or that the patronage of any person actually or
perceived as belonging to any particular classification category is unwelcome, objectionable
or not acceptable, desired or solicited.
(b) The production of or proof of the display or maintenance of any such written or printed
notice or advertisement purporting to relate to any place of public accommodation shall be
presumptive evidence that such display or maintenance was authorized by the person
maintaining and operating such place of public accommodation.
Sec. 62-88. Discrimi nation in housing.
(a) Because of actual or perceived classification category. In connection with any of the
transactions set forth in this section affecting a housing accommodation, it shall be unlawful
for any person, owner, financial institution, real estate broker or any representative of the
above to engage in any of the following acts because of the actual or perceived
classification category of a prospective buyer, renter, lessee or any person associated
therewith:
(1) To refuse to sell, purchase, rent, lease, finance, negotiate or withhold any housing
accommodation or to evict a person;
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(2 ) To discrim inate against a person in the term s, conditio ns or privileg e s of the sale ,
purchase , rental or lease of any ho using accom m odation, or in the furn ishing of
facilities or serv ices in connection therew ith;
(3 ) To refuse to receive or transm it a bona fide offer to sell, purchase , rent or le ase any
housing accom m odatio n;
(4 ) To represent to a person that any ho using accom m odation is not availa b le fo r
inspection, sale , purchase , rental or lease w he n in fact it is so availa b le , or to refuse to
perm it a pe rson to inspect any ho using accom m odation;
(5 ) To refuse to lend m o ney, w hether or not secured by m ort gage , or othe rw ise refuse to
m ake funds availa ble fo r the purchase, acquisition, constructio n, alteratio n ,
im pro vem e nt, repair or m a intenance of any ho using accom m oda tio n or to im po se
diff erent term s or conditions of such financing or refuse to pro vide title or insurance
relating to the ow nership or use of any interest in any housing accom m o da tio n ;
(6 ) To m ake, publish, print, circulate, post, m a il or cause to be m ade, pub lishe d , printed ,
circulated, posted or m a iled any notice, statem e nt or advert isem e nt, or to an no unce a
policy, or to sign or to use a fo rm of applicatio n fo r the sale, purcha se , rental, le ase or
financing of any housing accom m odatio n, or to m a ke a record of inq uiry in con ne ctio n
w ith the prospective sale , purchase , rental, lease or financing of any ho using
accom m odation that indicates any discrim inatio n or any intent to discrim inate ;
(7 ) To discrim inate in any financial transactio n involving real pro pe rt y be ca use of its
locatio n, i.e ., to "re d-line";
(8 ) To offer, so licit, accept or use a listing of any housing accom m o da tio n fo r sa le ,
purchase , rental or lease w ith the unde rstand ing that a person m a y be su bje cted to
discrim ination in connection w ith such sale , purchase , rental, lease , or the furn ishing of
facilities or serv ices in connection therew ith;
(9 ) To induce directly or indirectly, or attem pt to induce directly or indirectly, the sa le ,
purchase, rental, lease or the listing fo r any of the above , of any ho using
accom m odatio n by re presenting that the prese nce or antici pated prese nce of a pe rso n
actually or perceived to be a m em ber of a part icula r classification catego ry w ill or m a y
result in:
a. The low ering of pro pe rt y values in the are a ;
b. A n increase in crim inal or antisocial be havior in the area; or
c. A decline in the quality of the schools serv ing in the area;
(10 ) To m ake any represe ntatio ns concern ing the listing fo r sale, purcha se , rental or lea se ,
or the anticipated listing fo r sale, purchase , rental or lease of any ho using
accom m o dation fo r the purpose of inducing or attem pting to induce any such listing fo r
any of the above transactions;
(11) To engage in or hire to be do ne , or to conspire w ith others to com m it acts or activitie s
of any nature, the purpose of w hich is to coe rce, cause panic, incite un rest, or create or
play upon fear w ith the purpose of either discouraging or inducing or att em pting to
induce the sale , purchase , rental, lease or listing of any housing accom m o da tio n on
any basis prohibited by this art icl e ;
(12 ) To aid, abet, incite, com pel or coerce any person to engage in any of the practices
prohibited by this art icle , or to obstruct or prevent any person fro m com p lying w ith the
pro visions of this art icl e or any order issued hereunde r;
1 3
(13) To resist, prevent, im pede or interfere w ith the m ediator in the lawf ul pe rf orm a nce of
his duties unde r this art icle ;
(14) T o canvass to com m it any unlawf ul practice pro hibited by this art icl e ;
(15 ) To deny or w ithho ld any housing accom m odation fr om a pe rso n on any ba sis
pro hibited by this art icl e ; or
(16) T o de ny any qualified person access to or m em be rship in or pa rt icipatio n in any
m ultiple-listing serv ice , real estate bro kers' organization, or othe r se rv ice, orga nizatio n
or facility relating to the business of selling or renting dw ellings, or to discrim ina te
against such perso n in the term s or conditions of such access, m e m be rsh ip or
part ici pation on any basis prohibited by this art icle .
(b) Because of disability.
(1) In connection with the design and construction of covered multifamily dwellings
submitted for building permit on or after March 1, 1990, and first occupied after March
13, 1991, it shall be unlawful to fail to design and construct those housing
accommodations in such a manner that:
a. The public use and common use portions of such dwelling are readily accessible
to and usable by handicapped persons;
b. All the doors designed to allow passage into and within all premises within such
housing accommodations are sufficiently wide to allow passage by persons in
wheelchairs; and
c. All premises within such accommodations contain the following features of an
adaptive design:
1. An accessible route into and throughout the dwelling;
2. Light switches, electrical outlets, thermostats and other environmental controls
in accessible locations;
3. Reinforcements in the bathroom walls to allow later installation of grab bars;
and
4. Usable kitchens and bathrooms such that an individual in a wheelchair can
maneuver about the space.
(2) As used in this subsection, "covered multifamily dwelling" means:
a. A building that consists of four or more housing units and has an elevator; or
b. The ground floor units of a building that consists of four or more housing units and
does not have an elevator.
(3) Conformance with the appropriate specifications of the American National Standards
Institute for buildings and facilities providing accessibility and usability for physically
handicapped persons, commonly cited as ANSI A 117.1 (1986), suffices to satisfy the
requirements of subsection (1 )a. through c. of this section.
Sec. 62-88.1. Discrimination in public services.
No individual shall, by reason of actual or perceived race, color, national origin, religion,
sex, intersexuality, sexual orientation, gender identity, marital and familial status, age, ancestry,
height, weight, domestic partner status, labor organization membership, familial situation, or
political affiliation, nor any qualified individual with a disability shall, by reason of disability, be
14
e x cl u d e d fr o m p a rt ic ip a tio n in o r b e d e n ie d th e b e n e fit s o f th e p u b lic s e rv ic e s o f th e c ity , o r b e
s u b je c te d to d is c r im in a tio n b y th e c ity .
Sec. 62-89. Retaliation, coercion, interference, obstruction or prevention of compliance
with this article.
It is an unlawful discriminatory practice for a person to conspire to:
(1) Retaliate or discriminate against a person because such person has opposed a
discriminatory practice or because such person has made a charge, filed a complaint,
testified, assisted or participated in an investigation, proceeding or hearing under this
article;
(2) Aid, abet, incite or coerce a person to engage in an unlawful discriminatory practice;
(3) Willfully interfere with the performance of a duty or the exercise of a power by the
administrator, board or one of its staff members or representatives; or
( 4) Willfully obstruct or prevent a person from complying with the provisions of this article
or an order issued under this article.
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 I/my organization or club does not discriminate in its membership or policies based on
actual or perceived race, color, national origin, religion, sex, intersexuality, sexual
orientation, gender identity, familial and marital status, age, ancestry, height, weight,
domestic partner status, labor organization membership, familial situation, political
affiliation, 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 actual or
perceived race, color, national origin, religion, sex, intersexuality, sexual orientation, gender
identity, familial and marital status, age, ancestry, height, weight, domestic partner status,
labor organization membership, familial situation, political affiliation, or disability.
15
S ec. 62-92 . Po sting.
(a) Every person being the owner, lessee, sub-lessee, assignee, or managing agent of a public
accommodation subject to the Miami Beach Human Rights Ordinance shall post and
maintain at such public accommodation, in a conspicuously and easily accessible and well-
lighted place where it may be readily observed by those seeking or visiting such public
accommodation, a notice furnished by the City of Miami Beach indicating the substantive
provisions of the Human Rights Ordinance relative to public accommodations, the place
where complaints may be filed, and such other information as the City of Miami Beach
deems pertinent.
(b) Every employer subject to the Miami Beach Human Rights Ordinance shall post and
maintain at its offices, places of employment or employment training centers, in a
conspicuously and easily accessible and well-lighted place customarily frequented by
employees and applicants for employment, notices furnished by the City of Miami Beach
indicating the substantive provisions of the Human Rights Ordinance relative to
employment, the place where complaints may be filed and such other information as the
City of Miami Beach deems pertinent.
(c) Every person, owner, financial institution, real estate broker or any representative of the
above who interacts with prospective buyers, renters, or lessees of housing or housing
accommodations, or any person associated therewith, shall post and maintain in a
conspicuously and easily accessible and well-lighted place where it may be readily
observed by those seeking or visiting the housing unit or business establishment, a notice
furnished by the City of Miami Beach indicating the substantive provisions of the Human
Rights Ordinance relative to housing and housing accommodations, the place where
complaints may be filed, and such other information as the City of Miami Beach deems
pertinent.
(d) Every department or facility of the City of Miami Beach where City employees provide
services or access shall post and maintain at such department or facility, in a conspicuously
and easily accessible and well-lighted place where it may be readily observed by those
seeking or visiting such department or facility, a notice furnished by the City of Miami Beach
indicating the substantive provisions of the Human Rights Ordinance relative to public
benefits and services, the place where complaints may be filed, and such other information
as the City of Miami Beach deems pertinent.
(e) Posting of the notices required in this section is deemed to be an important educational tool
to provide residents of and visitors to Miami Beach with vital information concerning their
rights under the City's Human Rights Ordinance, so the Administrator is authorized and
directed to enforce its provisions. For a period of one year following the effective date of this
section, violators of its requirements shall be issued one warning by City of Miami Beach
Code Compliance officers or by the Administrator upon complaint, or upon recommendation
by a majority vote of the Miami Beach Human Rights Committee. Subsequent violations
shall be punished, if not remedied within five calendar days, by fine as described in Section
62-92(f).
(f) One year after the effective date of this section, penalties for violations of subsections 62-
92(a) and 62-92(b) shall [be] assessed (except against the City of Miami Beach) by City of
Miami Beach Code Compliance officers or by the Administrator upon complaint, or upon
recommendation by a majority vote of the Miami Beach Human Rights Committee as
follows:
(1) For the first violation: A fine of $50.00.
16
(2 ) F o r th e s e c o n d v io la tio n : A fi n e o f $1 0 0 .0 0 .
(3 ) F o r th e th ir d v io la tio n : A fi n e o f $1 5 0 .0 0 .
(4 ) F o r th e fo u rt h a n d a n y s u b s e q u e n t v io la tio n : A fi n e o f $2 0 0 .0 0 .
(g ) P e n a ltie s s h a ll b e a s s e s s e d b y s e rv ic e o f a n o tic e o f v io la tio n , s e rv e d p e rs o n a ll y o r b y
c e rt ifi e d m a il u p o n th e p ro p e rt y o w n e r , b u s in e s s o w n e r , o r u p o n a m a n a g e r p re s e n t a t th e
p re m is e s .
(h ) A n y p e r s o n re c e iv in g a n o tic e o f v io la tio n p u r s u a n t to th is s e c tio n m a y re q u e s t, w ith in 1 5
d a y s o f re c e ip t o f th e n o tic e , a n a d m in is tr a tiv e h e a r in g b e fo re a s p e c ia l m a s te r, a p p o in te d
a s p ro v id e d in a rt ic le II o f c h a p te r 3 0 , to a p p e a l th e d e c is io n o f th e ci ty in s p e c to r o r th e
A d m in is tra to r re s u ltin g in th e is s u a n c e o f th e n o tic e . T h e s p e c ia l m a s te r s h a ll h o ld a h e a rin g
a n d s h a ll h e a r te s tim o n y a n d e v id e n c e fr o m th e c o d e in s p e c to r o r th e A d m in is tra to r a n d th e
a ll e g e d v io la to r . A ll te s tim o n y s h a ll b e u n d e r o a th a n d s h a ll b e re c o rd e d . F o rm a l ru le s o f
e v id e n c e s h a ll n o t a p p ly , b u t fu n d a m e n ta l d u e p ro c e s s s h a ll b e o b s e rv e d a n d s h a ll g o v e rn
s a id p ro c e e d in g s . A t th e c o n c lu s io n o f th e h e a r in g , th e s p e c ia l m a s te r s h a ll is s u e fi n d in g s o f
fa c t b a s e d o n e v id e n c e a n d c o n c lu s io n s o f la w a n d s h a ll is s u e a n o rd e r a ff o rd in g th e p ro p e r
re lie f c o n s is te n t w ith th e p o w e r s g r a n te d in S e c tio n 3 0 -7 2 . F a ilu re to a p p e a l w ith in th e
p r e s c r ib e d tim e p e r io d s h a ll c o n s titu te a w a iv e r o f th e v io la to r's rig h t to a n a d m in is tra tiv e
h e a r in g . A w a iv e r o f th e rig h t to a n a d m in is tra tiv e h e a r in g s h a ll b e tre a te d a s a n a d m is s io n
o f th e v io la tio n , a n d fi n e s a n d p e n a ltie s m a y b e a s s e s s e d a c c o rd in g ly .
(i) T im e ly fil in g o f a n o tic e o f a p p e a l p u r s u a n t to th is s e c tio n s h a ll to ll th e im p o s itio n o f
c o ll e c tio n p ro c e d u r e s u n til 3 0 d a y s a ft e r th e is s u a n c e o f a w ritt e n d e te rm in a tio n b y th e
s p e c ia l m a s te r . A n y c o s ts o r p e n a lty a m o u n ts d u e th e c ity p u rs u a n t to s u c h d e te rm in a tio n
m u s t b e re c e iv e d b y th e c ity w ith in 3 0 d a y s a ft e r th e is s u a n c e o f th e d e te rm in a tio n , o r
c o ll e c tio n p ro c e d u r e s m a y b e c o m m e n c e d , a s p r o v id e d b y th is c h a p te r o r u n d e r s ta te la w .
DIVISION 4. EXCEPTIONS
Sec. 62-111. Employment.
(a) Notwithstanding any other provision of this article:
(1) It is not an unlawful discriminatory practice for an employer to hire and employ
employees on the basis of that individual's actual or perceived classification category in
those certain instances where such actual or perceived classification category is a
bona fide occupational qualification reasonably necessary to the normal operation of
that particular business or enterprise; and
(2) It is not an unlawful discriminatory practice for a school, college, university or other
educational institution or institution of learning to hire and employ employees of a
particular religion if such school, college, university or other educational institution or
institution of learning is, in whole or in substantial part, owned, supported, controlled or
managed by a particular religion or by a particular religious corporation, association or
society or if the curriculum of such school, college, university or other educational
institution or institution of learning is directed toward the propagation of a particular
religion. However, this exception will not apply if such institution restricts membership
in its organization on the basis of race, color or national origin.
(b) Notwithstanding any other provision of this article:
(1) It is not an unlawful discriminatory practice for any employer to apply different
standards of compensation, or different terms, conditions or privileges of employment
17
pursuant to a bona fide seniority or m e rit system , or a system w hich m e asu res
earn ings by qua ntity or quality of productio n or to em ployees w ho w ork in diff ere nt
locations, pro vide d that such diff erences are not the result of an intentio n to
discrim inate because of one's actual or perceived cl assificatio n catego ry ;
(2) It is not an unlawf ul discrim inatory practice fo r an em ployer to give and to act upo n the
results of any pro fessionally developed ability test, pro vided that such test, its
adm inistratio n or actio n upon the results, is not designed, intende d or use d to
discrim inate because of one's actual or perceived classificatio n catego ry .
(c) Nothing contained in this art icle shall be interpreted to require any em p loyer to gra nt
preferential treatm e nt to any individual or to any gro up because of the actua l or pe rce ived
classification catego ry of such individual or gro up, on account of an im ba lance that m a y
exist w ith respect to the total num ber or percentage of persons of any actua l or pe rce ive d
classification catego ry em ployed by any em ployer in com pariso n w ith the total num b e r of
percentage of perso ns of such actual or perceived cl assificatio n category in any com m u n ity,
state, section or any other area, or in the available w ork fo rce in any com m unity, state ,
sectio n or other area.
(d) T his art icle shall not apply to a religious corporatio n or association, educatio na l institutio n or
society w ith respect to the em ploym e nt of individ uals of a part icular relig ion to pe rf orm w o rk
connected w ith the carry ing on by such corporation, association, educatio na l institutio n or
society of its activities.
(e ) N otw ithstanding any other pro visions of this art icl e , it is not an unla wf ul discrim ina to ry
practice fo r an em ployer to consider an individua l's religio n w hen m a king a de cisio n
concern ing that individual if the em ployer de m o nstrates that the reaso n fo r conside ring tha t
individual's religion is that he is unable to reasonably accom m odate an em plo yee 's or
pro spective em ployee's religious observ ance or practice w ithout undue ha rdsh ip on the
conduct of the em ployer's business.
Sec. 62-112. Housing
(a) Nothing in this article shall prohibit a religious organization, association, society or any
nonprofit charitable or educational institution or organization operated, supervised or
controlled by or in conjunction with a religious organization, association or society from
limiting or from advertising the sale, rental or occupancy of housing it owns or operates for
other than a commercial purpose to persons of the same religion or from giving preference
to such persons. However, this exception shall not apply if such religious organization,
association, society or any nonprofit, charitable or educational institution or organization
operated, supervised or controlled by or in conjunction with a religious organization restricts
membership in its organization on the basis of actual or perceived race, color or national
origin; nor shall anything in this article prohibit a private club not in fact opened to the
public, which as an incident to its preliminary purpose provides lodgings it owns or operates
for other than a commercial purpose, from limiting the rental or occupancy of such lodgings
to its members or from giving preference to its members.
(b) No provision in this article regarding familial status shall apply to housing for older persons.
(1) As used in this subsection, "housing for older persons" means housing:
a. Provided under any local, state or federal program that the administrator
determines is specifically designed and operated to assist elderly persons as
defined in the local, state or federal program;
b. Intended for and solely occupied by persons 62 years of age or older; or
c. Intended fo r and occupied by at least one perso n 55 years of age or olde r pe r un it.
In determ ining w hethe r ho using qualifies as housing fo r olde r pe rso ns unde r this
subsection, the adm inistrator shall develop regulations that req uire at lea st the
fo llow ing factors:
1. The existence of significant facilities and serv ices specifically de sig ne d to
m eet the physical or so cia l needs of olde r persons or, if the pro visio n of such
facilities and serv ices is not practicable , that such ho using is ne cessa ry to
pro vide im po rt ant housing opport unities fo r olde r persons;
2. That at least 80 percent of the housing is occupied by at le ast one pe rso n 55
years of age or olde r per unit; and
3. T he publication of and adherence to policies and pro cedu res w hich
de m o nstrate an intent by the ow ner or m a nager to pro vide ho using fo r
persons 55 years of age or olde r.
(2) H o using shall not fail to be conside red housing fo r olde r persons if:
a. A person w ho reside s in such housing on or after the eff ective date of the
ordinance fr om w hich this art icle is de rived does not m eet the age req uirem e nts of
this subsection, pro vided that any new occupant m eets such age req u irem e nts; or
b. O ne or m o re units are uno ccupied, pro vide d that any uno ccup ied un its are
reserv ed fo r occupancy by persons w ho m eet the age req uirem e nts of this
subsection.
(c) Nothing contained in this art icl e shall preclude the se ller, develo per, condo m in ium
associatio n, lessor, propert y ow ne r, or that perso n's autho rized age nt from setting fo rt h
reasona ble rules, regulatio ns, term s and conditions pert aining to the sa le , le a se or disp osa l
of that person's pro perty provided such rules, regulations, term s and cond itio ns are not
based on actual or perceived race, color, relig ion, sex, intersexuality, sexua l orie ntatio n,
gende r ide ntity, national origin , age, disability, fam ilial status, m a rital status, ancestry ,
heig ht, w eight, do m e stic pa rt ne r status, labor organization m e m bership , fa m ilia l situatio n , or
political aff iliation, and pro vided the re is no confli ct w ith the affi rm ative provisio ns se t fo rt h in
this art icle . Furt herm o re, nothing in this art icle shall preclude reasonable rule s, regu latio ns,
or term s and conditions pert aining to the safe and prude nt use by m ino rs of facilitie s and
am e nities pro vided in conjunctio n w ith real pro pe rt y.
Sec. 62-113. Public accommodations.
(a) Nothing in this article shall be applied to a religious organization, association or society or
any nonprofit institution or organization operating, supervised or controlled by or in
conjunction with a religious organization, association or society from limiting facilities and
accommodations it owns or operates for other than a commercial purpose to persons of the
same religious organization or from giving preference to such persons. However, this
exception shall not apply if such religious organization, association, society or any nonprofit,
charitable or educational institution or organization operated, supervised or controlled by or
in conjunction with a religious organization restricts membership in its organization on the
basis of race, color or national origin.
(b) Nothing in this article shall prohibit the limiting of the use of kindergartens, nurseries, day
care centers, theaters and motion picture houses to persons of a particular age group.
S EC T IO N 2. C O D IF IC A T IO N
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section," "article," or
other appropriate word.
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same 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.
This Ordinance shall take effect on the '1.J day of md/
PASSED AND ADOPTED this / day or 7/a4_ _,2020. ___ º _
, 2020.
ATTEST:
Dan Gelber, Mayor
(Sponsored by Commissioner Steven Meiner)
Underlines denote additions
Strikethrough denotes deletions
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
%e22' z
b
Ordinan ce s - RS5 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Honorable Mayor and Members of the City Commission
Raul J. Aguila, City Attorney
May 13, 2020
9:05 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED, "HUMAN RELATIONS," BY
AMENDING ARTICLE 11, ENTITLED "DISCRIMINATION," BY AMENDING
SECTION 62-86 ENTITLED "DISCRIMINATION IN EMPLOYMENT," TO
EXTEND EMPLOYMENT PROTECTIONS TO INDEPENDENT
CONTRACTORS; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
On February 15, 2020, at the City Commission meeting, the above-referenced Ordinance
passed on First Reading with no revisions. The Ordinance is now submitted for consideration
by the Mayor and City Commission for Second Reading/Public Hearing.
Applicable Area
Not Applicable
ls this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
No
Does this item utilize G.O,
Bond Funds?
No
Legislative Tracking
Office of the City Attorney/Office of the City Manager
Sponsor
Commissioner Steven Meiner
ATTACHMENTS:
Description
Memorandum
Cl 1st Rdg. Ord.
Page 583 of 865
OFFICE OF THE CITY ATTORNEY
RAUL AGUILA, CITY ATTORNEY
TO:
COMMISSION MEMORANDUM
FROM:
DATE:
SUBJECT:
MAYOR DAN GELBER
MEMBERS OF THE CITY COMMISSION FIRST READING
JIMMY L. MORALES, CITY MANAGER
wu+. acuwo. cr or oov(_O.
February 12, 2020
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF
THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED, "HUMAN
RELATIONS," BY AMENDING ARTICLE II, ENTITLED
"DISCRIMINATION," BY AMENDING SECTION 62-86 ENTITLED
"DISCRIMINATION IN EMPLOYMENT," TO EXTEND EMPLOYMENT
PROTECTIONS TO INDEPENDENT CONTRACTORS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Steven Meiner, the above-referenced
Ordinance is submitted on First Reading for consideration by the Mayor and City
Commission at the February 12, 2020 City Commission meeting.
The United States is in the middle of an independent labor explosion. As of 2016, the
Bureau of Labor Statistics estimates that there are 15 million independent workers in the
United States, and that number has been on a mostly steady growth track since 2000. In
2017, Fiverr, an online marketplace for freelance services, conducted a study analyzing
the growth of businesses without any payroll among tech, artistic and professional service
occupations, including lawyers with private practices, solo contractors like plumbers, or
software engineers, and artists. Fiverr found that between 2011 and 2015, the number of
these solo businesses grew 11 percent across the 15 major metro areas measured.
In the Miami metropolitan area, which includes Broward and Palm Beach counties, this
group zoomed ahead 23 percent-and their revenues grew even faster, at a rate of 32
percent. This workforce now comprises 2.13 percent of the Miami's economy in 2016, the
most for any major metro. Additionally, Miami metropolitan area ranked as the fourth
biggest market for independent professionals in the country.
Page 584 of 865
Commission Memorandum
February 12, 2020 _________________ P__,agc.-e_2o!.3__
However, despite their rapidly growing numbers, independent workers also face unique
challenges, such as limited legal protections. Legal protection for self-employed
professionals varies wildly across the United States depending on whether they are
independent contractors or run their own corporations. For example, under federal law, a
contract worker lacks the right to sue for sexual harassment or gender discrimination, for
example, because workplace civil rights laws do not apply. Currently, only New York City,
California, Washington and Pennsylvania extend other workplace protections to
contractors.
Currently, Section 62-86 of the City Code prohibits employers from discriminating against
any individuals on any basis articulated in Section 62-33 of the City Code, with respect to
that individual's compensation, terms, conditions or privileges of employment because of
such individual's actual or perceived classification category. However, Section 62-86
does not explicitly provide for protections for independent contractors.
The City of Miami Beach prides itself on being a diverse community, and a leader in
adopting policies of inclusiveness, and has demonstrated a long history of opposing
discrimination based on gender. As such, the City has an important government interest
in protecting independent contractors and providing them with legal protections under the
City Code.
This amendment will not significantly impact the City. There could potentially be new
claims by independent contractors against the City for discrimination, but the City already
follows a policy for not discriminating on the basis of protected characteristics. As such,
any potential uptick is expected to be negligible. In addition, there may be new complaints
by independent contractors filed with the City against private employers, requiring City
staff to investigate these additional complaints.
Notwithstanding the amendments to Sections 62-31 and 62-86, the entire Human Rights
Ordinance has been included for your review and reference.
RA/RR/F Alps
Page 585 of 865
Granado, Rafael 2-02-o — y 33y
From: Granado, Rafael
Sent: Wednesday,June 10, 2020 9:24 AM
To: Iperez@goldenbeach.us; cityclerk@hialeahfl.gov; esewell@cityofhomestead.com;
mlima@icvps.org;jmedina@keybiscayne.fl.gov;vmartinez@townofinediey.com;
clerks@miamigov.com;ehorvath@cityofaventura.com; clerk@balharbourfl.gov;
msiegel@bayharborislands-fl.gov;villageclerk@biscayneparkfl.gov;
CityClerk@coralgables.com; Deastman@cutlerbay-fl.gov;cityclerk@cityofdoral.com;
Yjacobi@villageofelportal.org;cityclerk@floridacityfl.gov; mbataille@miamigardens-
fl.gov; inguanzog@miamilakes-fl.gov; rodriguezy@msvfl.gov; gonzaleze@miamisprings-
fl.gov; ERiera@nbvillage.com;vajoseph@northmiamifl.gov;
andrise.bernard@citynmb.com;jflores@opalockafl.gov; marocha@palmettobay-fl.gov;
clerk@pinecrest-fl.gov; NPayne@southmiamifl.gov; cityclerk@sibfl.net;
snovoa@townofsurfsidefl.gov; cgarcia@cityofsweetwater.fl.gov;
Mfernandez@virginiagardens-fl.gov;anneryg@cityofwestmiami.org
Cc: Rafael E. Granado - City Clerk; Cardillo, Lilia (LiliaCardillo@miamibeachfl.gov)
Subject: City of Miami Beach Ordinance 2020-4334
Good morning Miami-Dade County City Clerks,
At the request of Miami Beach Commissioner Steven Meiner, I am forwarding to you a copy of Ordinance
2020-4334, entitled:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED, "HUMAN
RELATIONS," BY AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING SECTION 62-
86 ENTITLED "DISCRIMINATION IN EMPLOYMENT," TO EXTEND EMPLOYMENT PROTECTIONS TO
INDEPENDENT CONTRACTORS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE. (Sponsored by Commissioner Steven Meiner)
This Ordinance was unanimously passed and adopted by the Mayor and City Commission of the City of Miami
Beach on May 13, 2020.
I ask that you please transmit this Ordinance to your elected officials to consider the adoption of similar
legislation.
To view Ordinance 2020-4334, please visit https://www.miamibeachfl.gov/city-hall/city-clerk/discrimination-in
employment/
If you need additional information, please do not hesitate to call.
Thank you,
/ I MB
Rafael E. Granado, Esq., City Clerk
OFFICE OF THE CITY CLERK
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305.673.7411 rafaelgranado c(�,miamibeachfl.gov
1
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