2013-3818 Ordinance ORDINANCE NO. 2013-3818
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 3, ENTITLED
"REGULATIONS," BY ADDING SEC. 62-92 TO REQUIRE THE
POSTING OF NOTICES IN EVERY PLACE OF EMPLOYMENT,
PUBLIC ACCOMMODATION, HOUSING ACCOMMODATION, AND
CITY FACILITY THAT FALLS SUBJECT TO THE HUMAN RIGHTS
ORDINANCE INDICATING THE APPLICABLE SUBSTANTIVE
PROVISIONS OF THE HUMAN RIGHTS ORDINANCE, THE PLACE
WHERE COMPLAINTS MAY BE FILED, AND SUCH OTHER
INFORMATION AS THE CITY OF MIAMI BEACH DEEMS PERTINENT,
AND PROVIDING FOR ENFORCEMENT PROCEDURES; 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 principle 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 because of race,
color, national origin, religion, sex, gender identity, sexual orientation, disability, marital and
familial status, or age; and
WHEREAS, the Mayor and City Commission adopt the Miami Beach Human Rights
Committee's finding, made at its June 19, 2012 and February 12, 2013 meeting, that many
residents and visitors to Miami Beach are unaware of the City's Human Rights Ordinance; and
WHEREAS, the Mayor and City Commission also adopt the Miami Beach Human Rights
Committee's concurrent finding that amending the Miami Beach Human Rights Ordinance to
require every person being the owner, lessee, sub-lessee, assignee, or managing agent of
public accommodations subject to the Miami Beach Human Rights Ordinance to post and
maintain at such public accommodations, in conspicuously and easily accessible well-lighted
place where they may be readily observed by those seeking or visiting such public
accommodations, notices furnished by the City of Miami Beach indicating the substantive
provisions of the Human Rights Ordinances relative to public accommodations, the place where
complaints may be filed and such other information as the City of Miami Beach deems pertinent,
to be an important tool to provide residents of and visitors to Miami Beach with vital information
concerning their rights under the City's Human Rights Ordinance; and
WHEREAS, the Mayor and City Commission also adopt the Miami Beach Human Rights
Committee's concurrent finding that amending the Miami Beach Human Rights Ordinance to
require every employer subject to the Miami Beach Human Rights Ordinance to 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,
to be an important tool to provide residents of and visitors to Miami Beach with vital information
concerning their rights under the City's Human Rights Ordinance; and
WHEREAS, the Mayor and City Commission also adopt the Miami Beach Human Rights
Committee's concurrent finding that amending the Miami Beach Human Rights Ordinance to
require every person providing housing or housing accommodation services subject to the
Miami Beach Human Rights Ordinance to post and maintain at such person's business or
housing unit, in a conspicuously and easily accessible well-lighted place where they may be
readily observed by those seeking or visiting such housing or housing accommodation services,
notices 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, to be an
important tool to provide residents of and visitors to Miami Beach with vital information
concerning their rights under the City's Human Rights Ordinance; and
WHEREAS, the Mayor and City Commission also adopt the Miami Beach Human Rights
Committee's concurrent finding that amending the Miami Beach Human Rights Ordinance to
require 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 well-lighted place where they may be readily observed by those seeking
or visiting such City department or facility, notices 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, to be an important tool to provide residents of and visitors to
Miami Beach with vital information concerning their rights under the City's Human Rights
Ordinance; and
WHEREAS, on June 19, 2012, the Human Rights Committee passed a resolution urging
the Mayor and City Commission of the City of Miami Beach to amend the Human Rights
Ordinance to incorporate notice requirements to be posted at all public accommodations and
places of employment that are subject to the Miami Beach Human Rights Ordinance, in order to
provide residents of and visitors to Miami Beach with vital information concerning their rights
under the City's Human Rights Ordinance; and
WHEREAS, on February 12, 2013, the Human Rights Committee passed a resolution
urging the Mayor and City Commission of the City of Miami Beach to further amend the Human
Rights Ordinance to incorporate notice requirements to be posted at all places of housing and
housing accommodations and City of Miami Beach departments and facilities that are subject to
the Miami Beach Human Rights Ordinance, in order to provide residents of and visitors to Miami
Beach with vital information concerning their rights under the City's Human Rights Ordinance;
and
WHEREAS, on February 12, 2013, the Human Rights Committee passed a resolution
urging the Mayor and City Commission of the City of Miami Beach to further amend the Human
Rights Ordinance to provide for enforcement of these notice requirements and penalties for
violation of these notice requirements;
WHEREAS, Mayor Matti Herrera Bower and Commissioner Michael Gongora referred
the Human Rights Committee's resolution to the Land Use & Development Committee for
consideration and discussion of the Human Rights Committee's resolution; and
WHEREAS, at its January 23, 2013 and July 22, 2013 meetings, the Land Use &
Development Committee considered and discussed the matter of amending the City's Human
Rights Ordinance to require the posting of notices in every place of employment, housing or
housing accommodation, City department or facility, and public accommodation that falls
subject to the Human Rights Ordinance indicating the applicable substantive provisions of the
Human Rights Ordinance, the place where complaints may be filed, and such other information
as the City Of Miami Beach deems pertinent; and recommended that this Ordinance be
forwarded to the Mayor and City Commission for its consideration.
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That Section 62-92 of Chapter 62 of the City Code is hereby added and enacted
as follows:
Chapter 62
HUMAN RELATIONS
Article II. Discrimination
Division 3. Regulations
Sec. 62-92. Posting.
,(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,
fine as described in Sec. 62-92(f)
(f) One (1) year after the effective date of this section, penalties for violations of
subsections 62-92(a) and 62-92(b) shall 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.
(2) For the second violation, a fine of$100.00.
(3) For the third violation, a fine of$150.00.
(4) For the fourth and any subsequent violation, a fine of$200.00.
(g) Penalties shall be assessed by service of a notice of violation, served personally or by
certified mail upon the property owner, business owner, or upon a manager present at
the premises.
(h) Any person receiving a notice of violation pursuant to this section may request, within
fifteen (15) days of receipt of the notice, an administrative hearing before a special
master, appointed as provided in article II of chapter 30, to appeal the decision of the city
inspector or the Administrator resulting in the issuance of the notice. The special master
shall hold a hearing and shall hear testimony and evidence from the code inspector or
the Administrator and the alleged violator. All testimony shall be under oath and shall be
recorded. Formal rules of evidence shall not apply, but fundamental due process shall
be observed and shall govern said proceedings. At the conclusion of the hearings the
special master shall issue findings of fact based on evidence and conclusions of law and
shall issue an order affording the proper relief consistent with the powers granted in Sec.
30-72. Failure to appeal within the prescribed time period shall constitute a waiver of the
violator's right to an administrative hearing. A waiver of the right to an administrative
hearing shall be treated as an admission of the violation, and fines and penalties may be
assessed accordingly.
(i) Timely filing of a notice of appeal pursuant to this section shall toll the imposition of
collection procedures until thirty (30) days after the issuance of a written determination
by the special master. Any costs or penalty amounts due the city pursuant to such
determination must be received by the city within thirty (30) days after the issuance of
the determination, or collection procedures may be commenced, as provided by this
chapter or under state law.
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 day of aC�p�Qr , 2013.
This Ordinance shall take effect the .2(o day of ae-lah e , 2013
ATTEST: A MATTI ERR RA BOWER
RAFAEL E. GRANADO ,, Y
ORATED APPROVED AS-
FORM &LANGUAGE
Underline denotes additio °9 • & FOR EXECUTION
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending the Code of Miami Beach, by amending Chapter 62, entitled "Human Relations," by
amending Article II,entitled"Discrimination,"by amending Division 3,entitled"Regulations,"by adding Sec.62-
92 requiring the posting of notices in every place of employment, public accommodation, housing
accommodation, and City facility that falls subject to the Human Rights Ordinance indicating the applicable
substantive provisions of the Human Rights Ordinance,the place where complaints may be filed,and such other
information as the City deems pertinent, and providing for enforcement procedures.
Key Intended Outcome Supported:
Promote and celebrate our City's Diversity.
Supporting Data(Surveys, Environmental Scan, Etc.): N/A
Item Summa /Recommendation:
The Miami Beach Human Rights Committee (MBHRC) has determined that many residents and visitors are
unaware of the City's Human Rights Ordinance. The MBHRC passed two resolutions urging the City
Commission to amend the Human Rights Ordinance to require that notice be posted in every place of
employment, housing or housing accommodation, City Department or Facility,and public accommodation that
falls subject to the Human Rights Ordinance in order to provide residents and visitors with vital information
concerning their right to be free of discrimination because of race, color, national origin, religion, sex, gender
identity, sexual orientation, disability, marital and familial status, or age.
The proposed Ordinance requires the posting of notices in every place of employment, housing or housing
accommodation, City Department or Facility,and public accommodation that falls subject to the Human Rights
Ordinance, indicating the applicable substantive provisions of the Human Rights Ordinance, the place where
complaints may be filed, and such other information as the City deems pertinent,and providing for enforcement
procedures.
One year after the effective date of the proposed Ordinance, penalties for its violation shall be assessed(except
against the City) by Code Compliance Division officers or by the Administrator upon complaint, or upon
recommendation by a majority vote of the MBHRC as follows: for the first violation, a fine of$50.00; for the
second violation, a fine of$100.00; for the third violation, a fine of$150.00; for the fourth and any subsequent
violation, a fine of$200.00. Violations may be appealed before the Special Master.
On September 11,2013,the Miami Beach City Commission unanimously(6-0;Absent Commissioner Weithorn)
approved the proposed Ordinance, as amended, on first reading; and set a second reading/public hearing for
October 16,2013.At the suggestion of Commissioner Libbin,the proposed Ordinance was amended to include
a provision that after a warning is received during the one-year amnesty/educational period, subsequent
violations during the amnesty/educational period will be issued a fine as set forth in Section 62-92(f).
The Administration recommends,on behalf of the MBHRC,that this Ordinance be approved on second reading.
Advisory Board Recommendation:
Mayor Bower and Commissioner G6ngora referred the MBHRC's resolutions to the LUDC for consideration.At
the January 23, 2013 and July 22, 2013 LUDC meetings,the members present recommended by a vote of 2-0
that this Ordinance be forwarded to the full Commission for its consideration.
Financial Information:
Source of Amount Account Approved
Funds: 1
OBPI Total
The cost to the City would be the staff time required to design the notice. The enforcement of the proposed
Ordinance would be done by.existing Code Compliance Division staff.
City Clerk's Office Legislative Tracking:
Rafael E. Granado, City Clerk
Sign-Offs:
Department Director Assistant City Manager i anager
REG JLM
T:\AGENDA\2613\October 1 OTICE ORDINANCE\NOTICE ORDINANCE SUMMARY.doc
AGENDA ITEM RSA
MIAMIBEACH 10-UP-1
DATE 3
MIAMI BEACH
OFFICE OF THE CITY MANAGER
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me ers of the ity Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 16, 2013 Second Reading
SUBJECT: AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMEND NG THE CODE OF THE CITY OF MIAMI BEACH
BY AMENDING CHAPTER 62, ENTITLED "HUMAN RELATIONS," BY AMENDING
ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING DIVISION 3,
ENTITLED "REGULATIONS," BY ADDING SEC. 62-92 TO REQUIRE THE
POSTING OF NOTICES IN EVERY PLACE OF EMPLOYMENT, PUBLIC
ACCOMMODATION, HOUSING ACCOMMODATION, AND CITY FACILITY THAT
FALLS SUBJECT TO THE HUMAN RIGHTS ORDINANCE INDICATING THE
APPLICABLE SUBSTANTIVE PROVISIONS OF THE HUMAN RIGHTS
ORDINANCE, THE PLACE WHERE COMPLAINTS MAY BE FILED, AND SUCH
OTHER INFORMATION AS THE CITY OF MIAMI BEACH DEEMS PERTINENT;
PROVIDING FOR ENFORCEMENT PROCEDURES AND PROVIDING FOR
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Approve the Ordinance on second reading.
BACKGROUND:
On January 13, 2010, the Mayor and City Commission of the City of Miami Beach ("the City")
adopted Ordinance 2010-3669, amending the City of Miami Beach Human Rights Ordinance.
The Human Rights Ordinance established the Miami Beach Human Rights Committee
(MBHRC), 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 every place of employment, housing or housing accommodation, public
accommodation, and City facility because of race, color, national origin, religion, sex, gender
identity, sexual orientation, disability, marital and familial status, or age.
The MBHRC has determined that many residents and visitors to Miami Beach are unaware of
the City's Human Rights Ordinance. On June 19, 2012, the MBHRC passed a resolution urging
the Mayor and City Commission to amend the Human Rights Ordinance to incorporate notice
requirements to be posted at all public accommodations and places of employment that are
subject to the Human Rights Ordinance, in order to provide Miami Beach residents and visitors
with vital information concerning their rights. On February 12, 2013, the Human Rights
Committee passed a second resolution urging the Mayor and City Commission to further amend
the Human Rights Ordinance to incorporate notice requirements to be posted at all places of
housing and housing accommodations and City of Miami Beach Departments and Facilities that
are subject to the Human Rights Ordinance, in order to provide Miami Beach residents and
1
visitors with vital information concerning their rights. The February 12, 2013 resolution further
urged the Mayor and City Commission to amend the Human Rights Ordinance to provide for
enforcement and penalties for violation of these notice requirements.
Following Mayor Matti Herrera Bower and Commissioner Michael Gongora's referrals of the
Human Rights Committee's resolutions to the Land Use & Development Committee (LUDC), the
LUDC considered and discussed the matter on January 23, 2013 and July 22, 2013, and
recommended by a vote of 2-0 that this Ordinance be forwarded to the full Commission for its
consideration. During the LUDC meetings, Commissioner Libbin expressed support for the
proposal, but did not want heavy penalties for not posting the notices. Commissioner Gongora
expressed support for the proposal.
On September 11, 2013, the Miami Beach City Commission unanimously approved the
proposed Ordinance, as amended, on first reading'; and set a second reading/public hearing for
October 16, 2013. At the suggestion of Commissioner Libbin, the proposed Ordinance was
amended to include a provision that after a warning is received during the one-year
amnesty/educational period, subsequent violations during the amnesty/educational period will
be issued a fine as set forth in Section 62-92(f).
SUMMARY OF PROPOSED ORDINANCE:
The Proposed Ordinance requires:
1. Public Accommodations - Every person being the owner, lessee, sub-lessee, assignee, or
managing agent of public accommodations subject to the Human Rights Ordinance to post
and maintain at such public accommodations, in conspicuously and easily accessible well-
lighted place where they may be readily observed by those seeking or visiting such public
accommodations, notices furnished by the City of Miami Beach indicating the substantive
provisions of the Human Rights Ordinances relative to public accommodations, the place
where complaints may be filed and such other information as the City of Miami Beach
deems pertinent.
2. Place of Employment - Every employer subject to the Human Rights Ordinance to 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.
3. Housing or Housing Accommodation - Every person providing housing or housing
accommodation services subject to the Human Rights Ordinance to post and maintain at
such person's business or housing unit, in a conspicuously and easily accessible well-
lighted place where they may be readily observed by those seeking or visiting such housing
or housing accommodation services, notices 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.
'Ballot vote: 6-0; Absent: Commissioner Weithorn.
2
4. City Department or Facility - Every Department or Facility of the City of Miami Beach where
City employees provide services or access to post and maintain at such Department or
Facility, in a conspicuously and easily accessible well-lighted place where they may be
readily observed by those seeking or visiting such City Department or Facility, notices
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.
A copy of the proposed notice, which will be made available on the City's webpage free of
charge, is attached hereto as Exhibit "A."
The proposed Ordinance imposes the following penalties:
1. One (1) year after the effective date of the Ordinance, penalties for its violation shall be
assessed (except against the City of Miami Beach) by City of Miami Beach Code
Compliance Division officers or by the Administrator upon complaint, or upon
recommendation by a majority vote of the MBHRC as follows:
(1) For the first violation, a fine of$50.00.
(2) For the second violation, a fine of$100.00.
(3) For the third violation, a fine of$150.00.
(4) For the fourth and any subsequent violation, a fine of$200.00.
Penalties shall be assessed by service of a notice of violation, served personally or by certified
mail upon the property owner, business owner, or a manager present at the premises. Any
person receiving a notice of violation may request, within fifteen (15) days of receiving the
notice, an administrative hearing before the Special Master to appeal the decision of the City
inspector or the Administrator resulting in the issuance of the notice.
FISCAL IMPACT ANALYSIS:
There is minimal anticipated fiscal impact associated with the proposed amendments to the
Human Rights Ordinance. The cost to the City would be the staff time required to design the
notice. The enforcement of the proposed Ordinance would be done by existing staff. The City
will make available electronic copies of the required notice, which may be downloaded free of
charge.
CONCLUSION:
The Administration recommends, on behalf of the MBHRC, that this Ordinance be approved on
second reading.
JM/reg (D.
T:WGENDA\2013\October 16\NOTICE ORDINANCE\NOTICE ORDINANCE MEMO FINAL.docx
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