2015-29215 Reso RESOLUTION NO. 2015-29215
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA
LEGISLATURE TO OPPOSE FLORIDA HOUSE BILL 401, WHICH
WOULD (1) PROVIDE IMMUNITY FROM LIABILITY FOR HEALTH
CARE FACILITIES OR HEALTH CARE PROVIDERS THAT REFUSE
TO ADMINISTER, RECOMMEND, OR DELIVER MEDICAL
TREATMENTS OR PROCEDURES THAT WOULD BE CONTRARY TO
RELIGIOUS OR MORAL CONVICTIONS OR POLICIES; (2) PROVIDE
IMMUNITY FROM LIABILITY FOR INDIVIDUAL PERSONS,
CLOSELY HELD ORGANIZATIONS, RELIGIOUS INSTITUTIONS, OR
BUSINESSES OWNED OR OPERATED BY A RELIGIOUS
INSTITUTION THAT REFUSE TO PRODUCE, CREATE, OR DELIVER
CUSTOM PRODUCTS OR SERVICES THAT WOULD BE CONTRARY
TO RELIGIOUS OR MORAL CONVICTIONS OR POLICIES; (3)
PROVIDE IMMUNITY FROM LIABILITY FOR A PRIVATE CHILD-
PLACING AGENCY THAT REFUSES TO PERFORM, ASSIST IN,
RECOMMEND, CONSENT TO, OR PARTICIPATE IN THE
PLACEMENT OF A CHILD THAT WOULD BE CONTRARY TO
RELIGIOUS OR MORAL CONVICTIONS OR POLICIES; AND (4)
PREEMPT LOCAL REGULATIONS TO THE CONTRARY.
WHEREAS, the City's Human Rights Ordinance, codified in Chapter 62 of the City
Code, declares that "there is no greater danger to the health, morals, safety and welfare of the
city and its inhabitants than the existence of prejudice against one another and antagonistic to
each other because of differences of race, color, national origin, religion, sex, intersexuality,
gender identity, sexual orientation, marital and familial status, age, or disability," and 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"; and
WHEREAS, in view of this policy, the City's Human Rights Ordinance prohibits
discrimination in employment, public accommodations, housing, and public services, on the
basis of race, color, national origin, religion, sex, intersexuality, gender identity, sexual
orientation, marital and familial status, age, and disability; and
WHEREAS, the Miami-Dade County Board of County Commissioners recently
expanded the Miami-Dade County Human Rights Ordinance to prohibit discrimination on the
basis of gender identity and gender expression in housing, public accommodations, and
employment; and
WHEREAS, Florida House Bill 401 (2016), if passed, would (1) provide immunity from
liability for a health care facility or health care provider that refuses to administer, recommend,
or deliver medical treatments or procedures that would be contrary to religious or moral
convictions or policies; (2) provide immunity from liability for a person, closely held
organization, religious institution, or business owned or operated by a religious institution that
refuses to produce, create, or deliver custom products or services that would be contrary to
religious or moral convictions or policies; (3)provide immunity from liability for a private child-
placing agency that refuses to perform, assist in, recommend, consent to, or participate in the
placement of a child that would be contrary to religious or moral convictions or policies; and (4)
preempt local regulations to the contrary; and
WHEREAS, the Mayor and City Commission oppose House Bill 401 as it would
sanction discrimination by healthcare providers and facilities, individual persons and business
organizations, religious organizations and charities, and child-placement and adoption agencies
with certain religious and moral convictions and, furthermore, by prohibiting cities and counties
from protecting the right of every individual not to be denied access to the same goods and
services as any other person notwithstanding any alleged privately held religious or moral belief
or conviction of a person or group; and
WHEREAS, the Mayor and City Commission deem it in the best interest of the City and
its citizens to urge the Florida Legislature to oppose House Bill 401; and
WHEREAS, the Mayor and City Commission wish to speak in a unified voice with our
sister cities and counties that share our values of inclusion and nondiscrimination.
NOW, THEREFORE, THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, hereby urge the Florida Legislature to oppose House Bill 401
(2016), urge our sister Florida cities and counties to pass similar resolutions, and direct the City
Clerk to transmit this Resolution to Governor Rick Scott, the President of the Florida Senate, the
Speaker of the Florida House of Representatives, and other Florida local governments that share
our commitment to inclusion, diversity, and nondiscrimination, asking each to consider passing
and transmitting similar resolutions.
PASSED and ADOPTED this 9th day of Dece0, , 2015.
ATTEST:
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Rafa E. Grana o, City lerk P 'r p - ix�ie, Mayor
(Sponsored by Commissioner Micky Steinberg) i
/.dye APPROVED AS TO
FORM &LANGUAGE
` &=FOR EXECUTION
City Attorney Date .sieli/
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Micky Steinberg, Commissioner
DATE: November 20, 2015
SUBJECT: Agenda item for the December 9, 2015 City Commission Meeting:
Resolution Urging Florida Legislature to Defeat HB 401
Please place on the December 9, 2015 City Commission agenda the attached
Resolution urging the Florida Legislature to defeat Florida House Bill 401, which—
purporting to protect religious and moral freedom—would allow and encourage
discrimination by providing healthcare providers and facilities, individual persons and
closely held corporations, child-placing agencies, and religious institutions with
immunity from liability for their refusal to provide treatments, services, or products
contrary to the religious or moral convictions of those entities. This bill would extend
far further than current federal or state constitutional or statutory law, allowing
anyone with any claimed moral or religious objection to discriminate in the provision
of goods and services against many people protected by the City of Miami Beach
Human Rights Ordinance. HB 401 is inimical to the values of our City and would
eviscerate the protections that we have enacted here.
I request that the enacted resolution be distributed to officials of other Florida local
governments that share our values, asking them to pass similar resolutions and to
make defeating HB 401 a legislative priority.
MIAMI
Commissioner Micky Steinberg
OFFICE OF MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7103/Fax: 305-673-7096/www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,tropical,historic
community.
We are committed to providing excellent public service and safety to all who live, work,and play in our vibrant, tropic-' `-"mm,inifi,
Agenda Item C 7 0
Date )2 - --/S