2002-3343 ORD
ORDINANCE NO. 2002-3343
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE
MIAMI BEACH CITY CODE CHAPTER 62, ARTICLE II
THEREOF, ENTITLED "DISCRIMINATION" BY AMENDING
SECTION 62-31 ENTITLED "DEFINITIONS", AMENDING
SECTION 62-32 THEREOF ENTITLED "PURPOSE;
DECLARATION OF POLICY", AMENDING SEC. 62-58
ENTITLED "FILING TIME LIMIT" BY ELIMINATING A FILING
FEE, AMENDING SECTION 62-63 ENTITLED "PROCESSING
COMPLAINTS", AMENDING SECTION 62-65 ENTITLED
"PROCEEDING BEFORE SPECIAL MASTER" BY CLARIFYING
THE DESCRIPTION OF INTERESTED PARTIES, INCREASING
POTENTIAL FINES, ADDING CRITERIA, AND ALLOWING FOR
REDUCTION, AND ADDING A NEW SECTION 62-88.1
ENTITLED "DISCRIMINATION IN PUBLIC SERVICES";
PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City Commission enacted a Human Rights Ordinance on December 2,
1992, to secure for all individuals within the City of Miami Beach freedom from discrimination
in housing, employment and public accommodations on account of race, color, national origin,
sex, sexual orientation, age, handicap, marital status or familial status; and
WHEREAS, the City Commission believes that the Human Rights Ordinance should be
strengthened by including the prohibition of discrimination in the providing of public services by
the City by increasing the potential fines, and other changes, and that these amendments are
necessary to the welfare of the citizens of the City of Miami Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION. OF THE CITY OF MIAMI BEACH, FLORIDA:
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SECTION 1. That Sec. 62-31 is amended to read as follows:
Sec. 62-31. Definitions.
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Classification category means each category by which discrimination is prohibited as set forth
within section 62-32. These categories are as follows: race, color, national origin, religion, sex,
sexual orientation, handicap disability, marital status, familial status, or age.
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HandicapDisability. Handicapped Disabled persons are persons who:
(1) Have a physical or mental impairment that substantially limits one or more of such
persons' 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 of Miami Beach.
c. Substantially limited means likely to experience difficulty in securing, retaining
or advancing in employment because of a handicap disability.
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Public services means services, programs, or activities of the City of Miami Beach.
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SECTION 2. That Sec. 62-32 is amended to read as follows:
Sec. 62-32. Purpose; declaration of policy.
The general purpose of this article and the policy of the city, in keeping with the laws of the
United States of America and the spirit of the state constitution, is to promote through fair,
orderly and lawful procedure the opportunity for each person so desiring to obtain employment,
housing and public accommodations of the person's choice in the city without regard to race,
color, national origin, religion, sex, sexual orientation, handicapdisability, marital status, familial
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status, or age, and, to that end, to prohibit discrimination in employment, housing and public
accommodations by any person.
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SECTION 3. That Sec. 62-58 is amended to read as follows:
Sec. 62-58. Filing time limit.
Any person alleging that an unlawful discriminatory practice has occurred may file a complaint
with the administrator within 180 days after the alleged unlawful discriminatory practice
occurred. A filing fee of $23.00 shall be assessed, whioh fee shall be <<sed to set off oosts in the
administration of this article. This filing fee may be wai~/ed for indigent persons <<pon obtaining
oertifioation of indigency based on an affidavit filed v/ith the administrator certifying that the
oomplainam is indigent and ooable to pay the sabject oharges.
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SECTION 4. That Sec. 62-63 is amended to read as follows:
Sec. 62-63. Processing complaints.
Within 30 days after service of a complaint, the administrator shall attempt to informally
resolve the complaint between the parties, and if the complaint is not resolved informally, the
administrator shall refer the complaint to a mediator, who shall attempt to mediate the dispute
and to report to the city manager on the results of the mediation efforts within 120 days of
receiving the mediation assignment.
SECTION S. That Sec. 62-65 is amended to read as follows:
Sec. 62-65. Proceeding before special master.
(a) In the event mediation fails to resolve a complaint in which the eity City of Miami Beach
is a respondent or in which a oity employee is the respondent to a charge of oolav:ful
discriminatory practice arising out of his employment with the oity, the complaint shall be
referred to an independent counsel selected by the chief special master. If the independent
counsel has reasonable cause to believe that a violation of this article has occurred, he shall
present the complaint to a special master, who shall conduct a hearing pursuant to the procedures
set forth in section 30-72. Within ten days of the conclusion of the hearing, the special master
shall issue written findings of fact and conclusions of law and a determination as to whether a
violation of this article has occurred, which shall be sent by certified mail to the complainant and
respondent the City Manager for al'propriate consideration.
(b) If mediation fails to resolve a complaint other than one covered in subsection (a) of this
section, the complaint shall be referred to the city attorney. If the city attorney has reasonable
cause to believe that a violation of this article has occurred, he shall present the complaint to a
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special master pursuant to the procedures set forth in chapter 30 of this Code; persons found in
violation pursuant to this subsection shall be subject to the following penalties:
ill For a first finding of an unlawful discriminatory practice within a five-year
period, up to $250.00 $1.000.00
ill For a subsequent finding of an unlawful discriminatory practice within a five-year
period, up to $500.00 $5.000.00
ill 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.
(c) In determining the amount of the fine. if any. the special master shall consider the
following factors:
(1) the gravity ofthe violation;
(2) any actions taken by the violator to correct the violation; and
(3) any previous violations committed by the violator.
(d) A special master may reduce a fine imposed pursuant to this section in accordance with
the procedures contained in chapter 30 of this Code.
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SECTION 6. That Sec. 62-88 is amended to read as follows:
Sec. 62-88. Discrimination in housing.
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(b) Because ofhandieap disability.
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SECTION 7. That a new Sec. 62-88.1 is added as follows:
Sec. 62-88.1. Discrimination in public services.
No individual shall. by reason of race. color. national origin. religion. sex. sexual orientation.
marital status. familial status. or age. nor any qualified individual with a disability shall. by
reason of disability. be excluded from participation in or be denied the benefits of the public
services of the City of Miami Beach. or be subiected to discrimination by the City of Miami
Beach.
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SECTION 8. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 9. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 10. CODIFICATION
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
Code of the City of Miami Beach, Florida. 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 5. EFFECTIVE DATE
This Ordinance shall take effect ten days after adoption.
PASSED AND ADOPTED this 9th
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2002.
ATTEST:
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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NOTICE 1$ HERESY given that public hearings will be held by the M.ayor and City.
Commi~lon of. the City of Miami Beach, Florida, in the'Commlssion Chambers, 3rd
floor, City Hall, 1700 Convention Center Drive, Miami Bea~h. Florida, .on
. Wednesday. Jen.,.,y 9, 2002, at the times listed below, to consider the adoption
of the folloWing ord~:
lit 10:30 a.m.:
AN ORDINANCE AMENDING THE 'MIAMI BEACH CITY CODE CHAPTER 62.
ARTICLE II THEREOF, ENTITLED ~DISCRIMINATION" BY AMENDING SECTION
62-31 'ENTITLED "DEFINITIONS", AMENDING SECTION 62-32 THEREOF
ENTITLED "PURPOSE; 'DECLARATION OF POLICY". AMENDING SEC. 62-58
ENTITLED "FILING TIME LIMIT" BY ELIMINATING A FILING FEE, AMENDING
SECnON 62-63 ENTITLED "PROCESSING COMPLAINTS", AMENDING SECTION
62-65 ENTITLED "PROCEEDING BEFORE SPECIAL MASTER" BY CLARIFYING
THE DESCRIPTION OF INTERESTED PARTIES, INCREASING POTENTIAL
FINES. ADDING CRITERIA, AND ALLOWING FOR REDUCTION, AND ADDING A
NEW SECTION 62-88.'1 ENTITLED "DISCRIMINATION IN PUBLIC, SERVICES";
PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
. Inquiries may be directed to the City Manager's Office at (305) 673-7010.
lit 10:45 a.m.:
AN ORDINANCE ESTABLISHING PROCEDURES FOR RESOLVING BIDS (BIDS).
REQUEST FOR PROPOSALS (RFP'S), REOUEST FOR QUALlFICA'TIONS
(RFQ'SI, REQUEST FOR LETTERt? OF INTEREST (RFLI'S). AND PURCHASE
.ORDEAS BASED ON WRITTEN OR ORAL QUOTATIONS. BY AMENDING
CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED
"ADMINISTRATION", BY AMENDING ARTICLE VI THEREOF ENTITLED
"PROCUREMENT', BY. CREATING SECTION' 2-371 ENTITLED "AUTHORITY TO
. RESOLVE PROTESTED BIDS .AND PROPOSED AWARDS"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN.'
EFFECTIVE DATE. ..,
Inquiries may be directed to the Procurement Departrnentat (305l.673-7490.
Pursuant to Section' 286.0105, Fla. sist.. the City hereby adviSeS the p\lbllc that: If a
person decides to appeal any decision m$d8 by the City Commission with respect to
any metter considered at Its meeting or its hearing, such person must ensure that a
verbatim record of the proceedings is mede, which record Includes the testimony and .
'evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the IntroOuction or admission of otherwise inadmissible or
.~~n~~. nor drS it authorize.challengeSor, appeals not otherwise
" .
In accordance with the Americans with Disabitities Act of 1990, .petsons needing
special accommodation to participate in this proceeding sh.ould contact the City
Cleric's office. no later than four ~ prior to the proceeding, telephone (305) 673-
7411 for assistanCe; if hearing impaired, telephone the Florida Relay Service
numll!tr&, (800)955-8771, (TDD) or (800)955-8770 (VOICE). for assistance..
Ad 1007'2
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
TO:
Mayor David Dermer and
Members of the City Co
DATE: January 9, 2002
FROM:
Murray H. Dubbin
City Attorney ~
SECOND READING
PUBLIC HEARING
SUBJECT: AMENDMENTS TO THE CITY'S HUMAN RIGHTS ORDINANCE
Pursuant to a request from Commissioner Steinberg, attached is a proposed ordinance for
consideration by the Mayor and City Commission to amend the City's existing Human Rights
Ordinance. The proposed amendments would increase the potential fines for violations, amend the
section involving proceeding before the Special Master, provide criteria and potential mitigation in
the special master provisions of the Code, add a prohibition of discrimination by the City in
providing public services, encourage informal resolution of complaints, eliminate the fee for filing
a complaint, and modernize the language addressing disability discrimination.
MHD/ym
cc: Jorge M. Gonzalez
City Manager
Agenda Item R5A-
1700 Convention Center Drive -- Fourth Floor -- Miami Beal Date 1- f-o;L