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