2004-3451 Ordinance
ORDINANCE NO. 2004-3451
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 62 OF THE MIAMI BEACH CITY CODE, ENTITLED
"HUMAN RELATIONS", BY ADDING AN ARTICLE IV THERETO
ENTITLED "REGISTERED DOMESTIC PARTNERSHIPS" WHICH
PROVIDES FOR REGISTERED DOMESTIC PARTNERSHIPS AND
SETS FORTH THE RIGHTS AND LEGAL EFFECTS OF SUCH
PARTNERSHIPS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, it is in the best interest of the City to be responsible to the changing
needs of society and to treat all persons fairly and equitably; and
WHEREAS, the City recognizes that long-term committed relationships foster
economic stability and emotional and psychological bonds; and
WHEREAS, the City has adopted a hwnan rights ordinance and seeks to comply with
the full spirit of it; and
WHEREAS, the City, independent of the rights and benefits provided by Article III
of Chapter 62 for City employees, wishes to afford persons the ability to become a
Registered Domestic Partner with certain legal rights.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 62 of the Miami Beach City Code is hereby amended by adding
an Article IV thereto, as follows:
,
ARTICLE IV. REGISTERED DOMESTIC PARTNERSHIPS
Sec. 62-130. Definitions.
"Committed relationship" means a family relationship. intended to be of indefinite duration.
between two individuals characterized by mutual caring and the sharing of a mutual
residence.
"Mutual residence" means that the Registered Domestic Partners share the same place to live.
It is not necessary that the legal right to ?ossess the place of residence be in both of their
names. Two people may share a mutual residence even if one or both have additional places
to live. Registered Domestic Partners do not cease to share a mutual residence if one leaves
the shared place but intends to return.
"Declaration of Registered Domestic Partnership" means the document that is filed with the
City Clerk's office according to the procedures established in section 62-131.
A "dependent" is a person who resides within the household of a Registered Domestic
Partnership and is:
1. a biological. adopted. or foster child of a Registered Domestic Partner: or
2. a dependent as defined under IRS regulations: or
3. a ward of a Registered Domestic Partner as determined in a guardianship
or other legal proceeding.
"Registered Domestic Partnership" means committed relationship between two persons who
consider themselves to be a member of each other's immediate family and have registered
their partnership in accordance with section 62-131.
Sec. 62-131. Rel!:istration. amendment. termination and administration procedures.
(a) Registration.
(1 ) Declaration of Registered Domestic Partnership. A declaration of Registered
Domestic Partnership shall be filed with the City Clerk's office and shall contain the
names and addresses of the applicants who shall swear or affirm under penalty of
penury that each partner:
a. Is at least 18 years old and competent to contract;
b, Is not married to or a member of another Registered Domestic Partnership or
civil union with anyone other than the co-applicant:
c. Agrees to share the common necessities of life and to be responsible for each
other's welfare:
d. Shares his or her primary residence with the other:
e. Considers himself or herself to be a member of the immediate family of the
other partner: and
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f. Agrees to immediately notify the City Clerk's office, in writing, of any change
in the status of the Registered Domestic Partnership.
g. Agrees to mutually support the other by contributing in some fashion. not
necessarily equally. to maintain and support the Registered Domestic
Partnership.
(2) Each partner agrees to immediately notify the City Clerk's office. in writing,
if the terms of the Registered Domestic Partnership are no longer applicable or one of
the domestic partners wishes to terminate the domestic partnership.
(b) Amendment
A Registered Domestic Partner may amend a Registered Domestic Partnership
previously filed with the City Clerk to show a change in his or her household address
or to add or delete dependents. Amendments shall be signed by both members of the
Registered Domestic Partnership under penalty of periury.
(c) Termination.
(1) Termination statement. A Registered Domestic Partner may terminate the
Registered Domestic Partnership by filing a termination statement with the City
Clerk's office. The person filing the termination statement shall swear or affirm under
penalty ofperiurv that:
a. The Registered Domestic Partnership is to be terminated: and
b. If the termination statement is not signed by both Registered Domestic
Partners. a copy of the termination statement shall be served. by certified or
registered mail. on the other Registered Domestic Partner. and proof of
service shall be filed with the City Clerk's office.
(2) Effective date. The termination shall become effective on the date of filing of
the termination statement signed by both Registered Domestic Partners or if the
termination statement is not signed by both parties. on the date proof of service is
filed with the City Clerk's office pursuant to subsection (c)(1 )b.. above.
(3) Automatic termination. A Registered Domestic Partnership shall
automatically terminate in the event that one of the Domestic Partners dies. marries.
or enters into a civil union with someone other than his or her Registered Domestic
Partner.
(d) Administration.
(1) Forms. The City Clerk's office shall provide forms for the establishment.
amendment. and termination of Registered Domestic Partnerships.
(2) Certificate of Registered Domestic Partnership. The City Clerk's office shall
issue to the Registered Domestic Partners a certificate of Registered Domestic
Partnership no later than ten business days after the declaration of Registered
Domestic Partnership is filed.
(3) Maintain records. The Citv Clerk's office shall maintain copies of the
declaration of Registered Domestic Partnerships. anv and all amendments thereto,
certificates of Registered Domestic Partnership. and termination statements filed by
Registered Domestic Partners,
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(4) Fees. The fee for registering the declaration of Registered Domestic
Partnership shall be $50.00. which shall cover all costs of registration. The fee for
amending or terminating the declaration of Registered Domestic Partnership shall be
$25.00 which shall cover all costs of amendment or termination of the Registered
Domestic Partnership.
Sec. 62-132. Ril!hts and Lel!al Effect of Rel!istered Domestic Partnership
To the extent not superseded by federal. state. or county law or ordinance. Registered
Domestic Partners shall have the following rights:
(a) Health care facility visitation.
The term "health care facility" includes. but is not limited to. hospitals. convalescent
facilities. walk-in clinics. doctor's offices. mental health care facilities. and other short and
long term facilities located within. or under the jurisdiction of. the City of Miami Beach. All
health care facilities operating within the City of Miami Beach shall allow a Registered
Domestic Partner the same visitation rights as a spouse (or parent. if the patient is a
dependent of the Registered Domestic Partnership) of the patient. A dependent of a
Registered Domestic Partner shall have the same visitation rights as a patient's child.
(b) Correctional facility visitation rights.
The term "correctional facility" includes. but is not limited to. holding cells. jails. and
juvenile correction centers of any kind. located within or under the jurisdiction of the City of
Miami Beach. A Registered Domestic Partner shall have the same visitation rights at all
correctional facilities operating within the City of Miami Beach as a spouse (or parent. if the
person in custody is a dependent of the Registered Domestic Partnership) of a person in
custody. A dependent shall have the same visitation rights afforded to the child of a person
in custody,
(c) Health care decisions.
This section pertains to decisions concerning both physical and mental health. If a \>atient
lacks the capacity to make a health care decision. the patient's Registered Domestic Partner
shall have the same authority as a spouse to make a health care decision for the incapacitated
party. If the patient is a dependent of the Registered Domestic Partnership. the Registered
Domestic Partners shall have the same authority to make health care decisions as a parent:
however. if a biological parent of a minor dependent. whose parental rights have not been
terminated. is available. willing. and competent to make the health care decision. the
biological parents' authority to make health care decisions on behalf of the minor shall
supersede that of a Registered Domestic Partner who is not the biological parent ofthe minor
dependent.
(d) Participation in Education.
A Registered Domestic Partner shall have the same rights to participate in the education of a
dependent of the Registered Domestic Partnership as a parent to participate in the education
of their child. in all educational facilities located within or under the iurisdiction of the City
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of Miami Beach. This includes the right of a Registered Domestic Partner to participate in
the home schooling of a dependent in accordance with Florida law.
(e) FuneraVBurial decisions.
Following the death of a Registered Domestic Partner. the surviving partner shall have the
same rights to make decisions with regard to funerallburial decisions and disposition of the
decedent's body as a surviving spouse.
(t) Notification of family members.
In anv situation providing for mandatory or permissible notification of familv members.
including but not limited to notification of family members in an emergency. or when
permission is granted to inmates to contact family members. "notification of family" shall
include Registered Domestic Partners.
(g) Preneed guardian designation.
Any person who is registered as a Registered Domestic Partner pursuant to this Chapter shall
have the same right as any other individual to be designated as a preneed guardian pursuant
to section 744.3045. Florida Statutes. and to serve in such capacity in the event of his or her
declarant Registered Domestic Partner's incapacity. A Registered Domestic Partner shall not
be denied or otherwise be defeated in serving the plenary guardian of his or her Registered
Domestic Partner or the partner's property. under the provisions of Chapter 744. Florida
Statutes. to the extent that the incapacitated partner has not executed a valid preneed guardian
designation. based solely upon his or her status as the domestic partner of the incapacitated
partner.
Sec. 62-133. Limited effect.
(a) Nothing in this article shall be interpreted to alter. affect. or contravene county. state
or federal law .
(b) Nothing in this article shall be construed as recognizing or treating a Registered
Domestic Partnership as a marriage.
(c) All rights. privileges. and benefits extended to Registered Domestic Partnerships
registered pursuant to this Chapter shall also be extended to all persons legally partnered in
another jurisdiction.
(d) Nat.'1ine in t!tis C!taoter shRll be oonstrued to ereate additional let!{ll liabilities
J!1'Cflter t!tan thase alreadv e!tistine Nnw law a, to eretHe new orivate eaNses of aMOlt.
(d) A Re!!istered Domestic Partner may enforce the ri!!hts under Sec. 62-132 bv nlin!! a
private action a!!ainst a person or entitv in anv court of competent ;urisdiction for
declaratorv relief. in;unctive relief. or both.
BoldedlItalicized language reflects amendments made between first and second reading.
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(e) This Article is independent of Article III ofChaoter 62 and does not affect any rights
or benefits of City employees.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
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 a 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 on the ~ day of August
,2004.
PASSED AND ADOPTED this 28th day of
,2004.
ATTEST:
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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 Commission
DATE: July 28,2004
FROM:
Murray H. Dubbin W<G>-
City Attorney
SECOND READING
PUBLIC HEARING
SUBJECT: AN ORDINANCE AMENDING CHAPTER 62 OF THE
MIAMI BEACH CITY CODE ENTITLED "HUMAN
RELATIONS" BY ADDING ARTICLE IV THERETO
TO PROVIDE FOR REGISTERED DOMESTIC PARTNERS.
Pursuant to the request of Commissioner Garcia and the recommendation of the
Neighborhood/Community Affairs Committee, the above referenced Ordinance was
passed by the Mayor and City Commission on first reading on July 7, 2004. The
Ordinance adds a new Article IV to Section 62 of the Code ("Human Relations"),
allowing for Registered Domestic Partnerships for those wishing to register who meet the
eligibility requirements, and granting certain rights including health care visitation and
health care decisions, among other rights, to the extent not superseded by federal, state, or
county law or ordinance. This Ordinance is independent of Article III of Chapter 62
which provides certain rights and benefits for certified City employee Domestic Partners,
During the discussion by the Commission of this Ordinance on July 7, 2004, at
the suggestion of Commissioner Smith, the Commission approved the Ordinance to
include a provision allowing a private right of action by Registered Domestic Partners.
Thus, a substitute Section 62-133(d) has been included that would allow a Registered
Domestic Partner to enforce the rights under proposed Sec. 62-132 by filing a private
action against a person or entity in any court of competent jurisdiction for declaratory
relief, injunctive relief, or both.
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