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OFFICE OF THE CITY ATTORNEY, Raul J. Aguila, City Attorney
lnteroffice Memorandum
To:
From:
Mayor Philip Levine
Members of the City Commission
Date: April 15,2015
3il;*1A:le.- r 0s'(
Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE CIry
CODE, ENTITLED "HUMAN RELATIONS," BY AMENDING ARTICLE II,
ENTITLED ..DISCRIMINATION," BY AMENDING DIVISION 4, ENTITLED..EXCEPTIONS," BY AMENDING SECTION 62.113 THEREOF, ENTITLED
"PUBLIC ACCOMMODATIONS," BY REPEALING SECTION 62-113(a)(1)TO REMOVE THE EXCEPTION TO THE NONDISCRIMINATION
PROVISIONS OF THE CITY'S HUMAN RIGHTS ORDINANCE FOR
CERTAIN PUBLIC ACCOMMODATIONS; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
At its meeting on February 11,2015, the City Commission approved Resolution No.
2015-28926 urging the Florida Legislature to oppose Florida House Bill 583 (2015),
which would require that the use of single-sex public facilities be restricted to persons of
the sex for which the facilities are designated, provide criminal penalties for knowingly
and willfully entering a single-sex public facility designated for or restricted to persons of
the other biological sex, provide a private cause of action against violators of the
proposed law, and preempt local regulations to the contrary. The City Commission also
voted on February 11,2015 to direct the Office of the City Attorney to draft amendments
to Chapter 62 of the City Code in order to remove the exception in City Code Section
62-113(a)(1) to the nondiscrimination provisions of the Miami Beach Human Rights
Ordinance for restrooms, shower rooms, bathhouses, health spas, and similar facilities.
This Ordinance will conform the City's Human Rights Ordinance to the Miami-Dade
County Human Rights Ordinance, which is applicable in both the incorporated and
unincorporated areas of Miami-Dade County, to the extent that the Miami-Dade County
Human Rights Ordinance makes no exception to its nondiscrimination provisions for
restrooms, shower rooms, bathhouses, health spas, or similar facilities. This Ordinance
was approved on First Reading by the Mayor and City Commission on March 11,2015.
Agenda ltem RSD
Date {-lS-15323
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE CIry
coDE, ENTITLED ,,HUMAN RELATIONS," By AMENDING ARTICLE ll,
ENTITLED "DISCRIMINATION," BY AMENDING DIVISION 4, ENTITLED..EXCEPTIONS," BY AMENDING SECTION 62.113 THEREOF, ENTITLED
"PUBLIC ACCOMMODATIONS," BY REPEALING SECTION 62-113(a)(1) TO
REMOVE THE EXCEPTION TO THE NONDISCRIMINATION PROVISIONS OF
THE CIry'S HUMAN RIGHTS ORDINANCE FOR CERTAIN PUBLIC
ACCOMMODATIONS; AND PROVIDING FOR REPEALER, SEVERABIL|TY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Miami Beach 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 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 Miami Beach 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,
maritaland familial status, age, and disability; and
WHEREAS, on December 2, 2014, the Miami-Dade County Board of County
Commissioners amended 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, at its meeting on February 11, 2015, the City Commission approved
Resolution No.2015-28926 urging the Florida Legislatureto oppose Florida House Bill 583 (2015),
which would require that the use of single-sex public facilities be restricted to persons of the sex for
which the facilities are designated, provide criminal penalties for knowingly and willfully entering a
single-sex public facility designated for or restricted to persons of the other biological sex, provide
a private cause of action against violators of the proposed law, and preempt local regulations to the
contrary; and
WHEREAS, at its meetlng on February 11, 2015, the City Commission also voted to direct
the Office of the City Attorney to draft amendments to Chapter 62 of the City Code in order to
remove the exception to the nondiscrimination provisions of the Miami Beach Human Rights
Ordinance for restrooms, shower rooms, bathhouses, health spas, and similar facilities; and
WHEREAS, this Ordinance conforms the Miami Beach Human Rights Ordinance to the
Miami-Dade County Human Rights Ordinance, which makes no exception to its nondiscrimination
provisions for restrooms, shower rooms, bathhouses, health spas, or similar facilities.
324
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Section 62-113, entitled "Public accommodations," of Division 4 of Article ll of Chapter
62 of the Miami Beach City Code is hereby amended as follows:
CHAPTER 62
HUMAN RELATIONS
ARTICLE ll. Discrimination
OlVfSlOru O. =r""O,,on=
Sec. 62-113. Public accommodations.
(a) Nothing in this article shall be applied to+
(1) Diseriminatien en the basis ef sex in restreems' shewer reems, bathheuses, health spas er
similar faeilities; whieh are by their nature distinetly private; er dermitery ledging faeilities,
(2)' g 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.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION3. SEVERABILITY.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
325
SECTION 4. 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 the _ day of
PASSED and ADOPTED this day of
ATTEST:
2015.
2015.
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Micky Steinberg)
Underline denotes additions
Strit<e+n+eugh denotes deleti ons.
PHILIP LEVINE, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
t-ab^15
CityAttorney Date
NK
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