12-08-09 Item 26I
ORDINANCE NO:
2 ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, CREATING NEW CHAPTER 19
4 OF THE CODE OF ORDINANCES; PROVIDING FOR THE
5 REGISTRATION OF DOMESTIC PARTNERSHIPS; ESTABLISHING
6 DOMESTIC PARTNER RIGHTS OF VISITATION; PROVIDING
7 HEALTH INSURANCE ELIGIBILITY AND OTHER BENEFITS TO THE
8 DOMESTIC PARTNERS OF CITY EMPLOYEES; PROVIDING FOR
9 SEVERABILITY ORDINANCES IN CONFLICT; AND AN EFFECTIVE
10 DATE.
11 WHEREAS, many Americans establish and maintain important personal, emotional, and
12 economic relationships with persons to whom they are not married. Individuals forming such
13 domestic partnerships often live in a committed family relationship. Domestic partners may be
14 denied the right to visit each other or their children or parents when hospitalized for lack of a
15 system that establishes rights of visitation in such circumstances. Also, partners in domestic
16 relationships may be denied public and private sector benefits because there is no established
17 system for such relationships to be registered or recognized. In addition, because of the status of
18 their relationship, domestic partners in many cases are not extended certain employment benefits
19 that are otherwise made available to other City employees, and
20 WHEREAS, employment benefits form an essential portion of the compensation
21 provided to City employees, and
22 WHEREAS, millions of Americans have identified themselves as living in a domestic
23 partnership and many public and private sector employers have begun to provide domestic
24 partner benefits to employees, and
25 WHEREAS, the provision of domestic partner benefits promotes employee recruitment,
26 retention and loyalty and serves to address the discriminatory effect of practices which deny such
27 benefits solely upon the basis of an employee's familial or marital status.
28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that:
30 SECTION 1. New Chapter 19 of the Code of Ordinances is created as follows:
31 Chapter 19. Domestic Partnerships.
32 Sec. 19 -1. Definitions.
33 For purposes of this Ordinance:
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1 (a) City employee means any employee of the City of South Miami, Florida, including
2 employees of the South Miami Community Redevelopment Agency and all other agencies and
3 instrumentalities of the City.
4 (b) Domestic Partners means only two adults who are parties to a valid domestic partnership
5 relationship and who meet the requisites for a valid domestic partnership relationship as
6 established pursuant to Section 19 -2.
7 (c) Declaration of Domestic Partnership means a sworn form under penalty of perjury, which
8 certifies that two domestic partners meet the requirements of a domestic partnership relationship
9 as described in section 19 -2.
10 (d) Jointly Responsible means each domestic partner mutually agrees to provide for the other
11 partner's basic food and shelter living expenses while the domestic partnership relationship is in
12 effect, except that partners need not contribute equally or jointly to said basic food and shelter.
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14 (e) Health Care Facility means any hospital, convalescent facility, walk -in clinic, doctor's
15 office, mental health care facility and any other short- or long -term health care facility located
16 within the City of South Miami.
17 Sec. 19 -2. Registration of Domestic Partnerships.
18 (a) A valid domestic partnership relationship may be registered by any two persons by filing a
19 declaration of domestic partnership with the City Clerk, which declaration shall comply with all
20 requirements set forth in this ordinance for establishing such domestic partnership. Upon
21 payment of any required fee, the City Clerk shall file the declaration of domestic partnership and
22 issue a certificate reflecting the registration of the domestic partnership relationship.
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24 (b) A declaration of domestic partnership shall contain the name and address of each domestic
25 partner, the signature of each partner, and each partner shall swear or affirm under penalty of
26 perjury that
27 (1) Each person is at least 18 years old and competent to contract;
28 (2) Neither person is married, a partner to another domestic partnership relationship or a
29 member of another civil union;
30 (3) They are not related by blood;
31 (4) Each person considers himself or herself to be a member of the immediate family of the
32 other partner and to be jointly responsible for maintaining and supporting the Registered
33 Domestic Partnership.
34 (5) Each person agrees to immediately notify the City Clerk, in writing, if the terms of the
35 Registered Domestic Partnership are no longer applicable or one of the domestic partners wishes
36 to terminate the domestic partnership.
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I (c) Any partner to a domestic partnership may file an amendment to the domestic partnership
2 certificate issued by the City Clerk to reflect a change in his or her legal name or address, or to
3 add or delete children.
4 Sec. 19 -3. Termination of registered domestic partnership relationship.
5 (a) Either partner to a registered domestic partnership relationship may terminate such
6 relationship by filing a notarized declaration of termination of domestic partnership relationship
7 with the City Clerk. Upon the payment of the required fee, the City Clerk shall file the
8 declaration and issue a certificate of termination of domestic partnership relationship to each
9 partner of the former relationship. The termination shall become effective 30 days from the date
10 the certificate of termination is issued.
11 (b) If any partner to a domestic partnership relationship enters into a legal marriage, the
12 domestic partnership relationship shall terminate automatically, and all rights, benefits, and
13 entitlements there under shall cease as of the effective date of the marriage. The marrying
14 domestic partner shall file a declaration terminating the domestic partnership relationship within
15 10 days after entering into a legal marriage.
16 (c) The death of either domestic partner shall automatically terminate the domestic partner
17 relationship.
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19 (d) If either member of the domestic partnership ceases to be responsible for the other's basic
20 food and shelter, the domestic partnership shall be considered terminated.
21 Sec. 19 -4. Maintenance of records; filing fees.
22 (a) The City Manager shall by administrative rule prescribe the form of all declarations,
23 amendments, and certificates required to be filed under this Ordinance. The City Clerk shall
24 maintain a record of all declarations, amendments, and certificates filed pursuant to this
25 ordinance.
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27 (b) Filing Fees. The city Manager is authorized to establish fees for the filing of any
28 declarations, amendments, and the issuance of any certificates required by this act, subject to the
29 approval of the City Commission by Resolution. Any fees established under this section shall be
30 commensurate with the actual costs of administering the provisions of this ordinance.
31
32 Sec. 19 -5. Extension of benefits to domestic partners of City employees.
33 (a) Any City employee who is a party to a registered domestic partnership relationship under
34 this ordinance shall be entitled to elect insurance coverage for his or her domestic partner or the
35 children of such domestic partner on the same basis in which any City employee may elect
36 insurance coverage for his or her spouse or children. A City employee's right to elect insurance
37 coverage for his or her domestic partner, or the partner's children, shall extend to all forms of
38 insurance provided by the City to the spouses and children of City employees, unless such
39 coverage is prohibited by state or federal law, the terms of a collective bargaining agreement or
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1 by the insurer. All elections of coverage shall be made in accordance with the requirements of
2 applicable city ordinances, rules, policies and applicable collective bargaining agreements.
3
4 (b) Any City employee who is a party to a registered domestic partnership relationship under
5 this ordinance shall be entitled to use all forms of leave provided by the City including, but not
6 limited to, sick leave, annual leave, funeral leave and family leave to care for his or her domestic
7 partner or the children or parents of the domestic partner as applicable. The use of leave
8 authorized in this section shall be consistent with the applicable requirements in city ordinances,
9 rules, policies, and collective bargaining agreements.
10 (c) Unless prohibited by state or federal law or the terms of a collective bargaining
11 agreement or by an insurer, all other benefits available to the spouses and children of City
12 employees shall be made available on the same basis to the domestic partner, or child of such
13 domestic partner, of a City employee who is a party to a registered domestic partnership
14 relationship pursuant to this ordinance.
15 (d) Any City employee who obtains or attempts to obtain benefits under this provision
16 fraudulently shall be subject to discipline, up to and including termination.
17 (e) The City manager is authorized and directed to take all actions necessary to implement
18 the provisions of this ordinance.
19 Sec. 19 -6. Health care facility visitation rights.
20 Whenever a domestic partner is a patient in a health care facility in the City of South Miami, the
21 health care facility shall afford:
22 (a) the domestic partner of the patient the same right to visit the patient as the facility would
23 provide to the spouse of a patient;
24 (b) the parent of the domestic partner of the patient the same right to visit the patient as the
25 facility would provide to the parent of a spouse of a patient.
26 (c) the children of a domestic partner of the patient the same right to visit the patient as the
27 facility would provide to the children of a spouse of a patient.
28 SECTION 2. The rules developed to implement the provisions of this ordinance shall be
29 liberally construed to accomplish the policies and purposes of the ordinance. However, this
30 ordinance shall not be construed to supersede any federal, state, or county laws or regulations,
31 nor shall this ordinance be interpreted in a manner as to bring it into conflict with federal, state,
32 or other county laws. Nothing in this ordinance shall be construed as recognizing or treating a
33 domestic partnership as a marriage. To that end, if any section, subsection, sentence, clause or
34 provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected
35 by such invalidity.
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SECTION 3. This Ordinance shall take effect upon adoption.
PASSED AND ADOPTED this
5 ATTEST:
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8 CITY CLERK
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READ AND APPROVED AS TO FORM
CITY ATTORNEY
WAMy Documents\resolutions \Ordinance Domestic Partnership.Newman.doc
2009.
APPROVED:
MAYOR
I st Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
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EXAMPLES OF'FORMS USED
BY MIAMI -DADE COUNTY
FOR DOMESTIC PARTNER
DELCARATION AND
TERMINATION
Consumer Services Page 1 of 3
Miami -Dade County
Consumer Services
Website and content provided by Miami -Dade County
Domestic Partnership FAQs
How much does it cost to register?
What is Domestic Partnership?
Who can be Registered Domestic Partners?
How do we register as Domestic Partners?
We are registered as domestic partners in another jurisdiction. Must we register_in Miami -Dade to receive benefits under
the Miami -Dade ordinance?
What if we want to amend or terminate a Domestic Partnershjp registration?
Is the Domestic Partner registry confidential?
Is the Domestic Partner reaistry mandatory_?
How do I enforce my rights under the Domestic Partner ordinance?
I am a_County_employ_ee,_Where _ do_I obtain more information about Domestic Partner health and personnel benefits?
How much does it cost to register?
Declaration of Domestic Partnership $50.00
Additional Certificate (at time of initial application) $5.00
Amendment or Termination $25.00
Replacement Certificate (after initial application) $15.00
Payments are accepted in the form of check or money order - made payable to the Board of County Commissioners. Visa
and MasterCard are also accepted, but only if applying in person. If mailing in your payment, send to:
Consumer Services Department
Consumer Protection Division
140 West Flagler Street, 9th Floor
Miami, Florida 33130
TOP
What is Domestic Partnership?
The Miami -Dade Board of County Commissioners finds that a significant number of Miami -Dade residents establish and
maintain important personal, emotional, and economic relationships with persons to whom they are not married. Individuals
forming such domestic partnerships often live in a committed family relationship. Miami -Dade County has created a system
for such relationships to be registered and recognized.
Individuals registered in a Domestic Partnership are entitled to visitation rights at health care, correctional, and juvenile
facilities.
Any Miami -Dade County employee who is a party to a registered Domestic Partnership relationship can elect to select
insurance coverage for his or her domestic partner or their children in the same manner as an employee may elect coverage
for a spouse or unmarried dependant child. Registered employees are entitled to all forms of leave provided by the County,
including sick, annual, funeral, and family leave to care for his or her domestic partner or the children or parents of the
domestic partner, as applicable.
TOP
http: / /www.miamidade.gov /csd /domestic _partner_faq_print.asp 12/3/2009
Consumer Services
Who can be Registered Domestic Partners?
Domestic Partners must meet the following requirements:
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1. Each person must be at least 18 years old and competent to contract.
2. Neither person is married under Florida law, a partner to another domestic partnership or a member of another civil
union.
3. They are not related by blood.
4. Each person considers themselves to be a part of the immediate family of the other partner and to be jointly
responsible for maintaining and supporting the Registered Domestic Partnership.
5. The partners reside in the same primary address.
Partners must also agree to notify the Miami -Dade County Consumer Services Department if the terms of the domestic
partnership are no longer applicable or one of the partners wishes to terminate the. domestic partnership.
TOP
How do we register as Domestic Partners?
1. Declaration of Domestic Partnership forms can be downloaded online. You can also obtain a declaration from the
Miami -Dade County Consumer Services Department at 140 West Flagler Street, 9th Floor, in downtown Miami.
2. Complete the Declaration of Domestic Partnership. Both partners must sign the application before a Notary Public.
If applying by mail:
Send the completed, notarized application and a check or money order made payable to Board of County Commissioners to
the following address:
Consumer Services Department
Domestic Partner Registration
Consumer Protection Division
140 West Flagler Street, Room 902
Miami, Florida 33130
If applying in person:
Bring the completed, notarized application and check or money order made payable to Board of County Commissioners (Visa
and MasterCard are also accepted if applying in- person) to the following address:
Consumer Services Department
Consumer Protection Division
140 West Flagler Street, 9th Floor
Miami, Florida 33130
TOP
We are registered as domestic partners in another jurisdiction. Must we register in Miami -Dade to receive benefits
under the Miami -Dade ordinance?
All rights, privileges and benefits provided to domestic partners registered under the Miami -Dade County ordinance shall be
extended to persons legally registered as domestic partners, partners in a civil union, or partners in any similar relationship
that is recognized as legal in another country or in another jurisdiction within the United States.
TOP
What if we want to amend or terminate a Domestic Partnership registration?
Amendment or Termination forms can be downloaded online or obtained from the Miami -Dade County Consumer Services
Department.
Additional information and forms are available online or by calling 305 - 375 -3677.
TOP
http: / /www.miamidade.gov /csd /domestic _partner_faq_print.asp 12/3/2009
4�.
Consumer Services
Is the Domestic Partner registry confidential?
No. All Domestic Partnership registrations are subject to Florida public records laws.
TOP
Is the Domestic Partner registry mandatory?
No. Individuals may elect not to file for Domestic Partnership.
••
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How do 1 enforce my rights under the Domestic Partner ordinance?
The terms of the Domestic Partnership ordinance may be enforced by persons other than County employees, and by County
employees against private businesses, through the filing of a private action in any court of competent jurisdiction for
declaratory or injunctive relief or both. County employees may also file a complaint with the Office of Fair Employment
Practices.
TOP
I am a County employee. Where do I obtain more information about Domestic Partner health and personnel
benefits?
For more information about Domestic Partner health benefits for County employees, log on to
http: / /www.miamidade aov /benefits /home asp. County employees may also call 305 - 375 -4288 for all benefits questions
pertaining to Medical, Dental, Vision plans or 305 - 375 -5633 for questions pertaining to Deferred Compensation, retirement,
group legal, and disability income protection plans. Department Personnel Officers can also assist employees with questions
relating to personnel benefits under this ordinance.
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http:// www. miamidade .gov /csd/domesticpartner_faq _print.asp
12/3/2009
Consumer Services Page 1 of 1
Miami -Dade County
Consumer Services
Website and content provided by Miami -Dade County
Amendment to Domestic Partnership Instructions
You must file an amendment with the Consumer Services Department of any changes in legal name, address,
or to add or delete children.
How to apply:
1. Print your current Domestic Partner Certificate Number (can be located on your certificate or wallet card).
2. If either partner has had a name change - print the new name of the Domestic Partner (last name followed by
first name).
3. If there has been a change of common residence - print the new address of the primary residence where both
partners reside.
4. Provide a contact telephone number (in the event that we need to contact you).
5. Provide an email address (this is optional but will allow us to send you email notifications regarding the status
of your registration).
6. Adding or deleting child - list the name of each child to be added or deleted.
7. In front of a notary public, sign and print your name (only one signature from either Domestic Partner is
required)
8. Have the document notarized.
Fees:
Amendment of Domestic Partnership
Additional Amended Certificate (Optional)
$25.00
$5.00 each
If applying by mail:
Send the completed notarized application and a check or money order made payable to Board of County
Commissioners to the following address:
Consumer Services Department
Domestic Partner Registration
Consumer Protection Division
140 West Flagler Street, Room 902
Miami, Florida 33130
If applying in person:
Bring the completed, notarized application and a check or money order made payable to Board of County
Commissioners (Visa and MasterCard are also accepted if applying in person) to the following address:
Consumer Services Department
Consumer Protection Division Licensing Section
140 West Flagler Street, 9th Floor
Miami, Florida 33130
Additional information, amendment and termination forms are available online or by calling 305 - 375 -3677.
http:// www. miamidade. gov/ csd/ domestic _partnership_instruct_ amend —Print.asp 12/3/2009
Consumer Services Department
Consumer Protection Division
M IAM I•DADE 140 West Flagler Street, Suite 902
Miami, Florida 33130 -1561
T 305 - 375 -3677 F 305 - 375 -4120
consumer @miamidade.gov
www.miamidade.gov/csd
Carlos Alvarez, Mayor
DECLARATION OF DOMESTIC PARTNERSHIP
1. Name (Last, First) Name (Last, First)
2. Address City State Zip Code
3. Contact Telephone Number 4. Email (Optional)
5. List the name(s) of child(ren):
Name (Last, First) Name (Last, First)
Name (Last, First) Name (Last, First)
6. We the undersigned swear and affirm under penalty of perjury that we meet the requirements of Miami -
Dade County Ordinance No. 08-61 Section 11A -72:
• We are each at least 18 years of age or older and competent to contract;
• We are not married under Florida law, a partner to another domestic partnership relationship, or a member of
another civil union;
• We are not related to the other by blood;
• We consider ourselves to be a member of the immediate family of the other partner and to be jointly responsible
for maintaining and supporting the Registered Domestic Partnership;
• We agree to immediately notify the Consumer Services Department, 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;
• We reside in the same primary residence.
Signed on in
Date City State
Signature Printed name (Last, First)
Signature Printed name (Last, First)
7. Notarization of signatures: (Required)
State of
County of
Sworn to and subscribed before me this
day of , 20 _by
who are personally known or produced Identification
Signature of Notary Public
and
MIAMI•DADE
Carlos Alvarez, Mayor
Consumer Services Department
Consumer Protection Division
140 West Flagler Street, Suite 902
Miami, Florida 33130 -1561
T 305 - 375 -3677 F 305 - 375 -4120
consumer @miamidade.gov
www.miamidade.gov/csd
DECLARATION OF TERMINATION OF DOMESTIC PARTNERSHIP
1. 1 declare under penalty of perjury under the laws of the State of Florida that the Domestic Partnership
between and
Domestic Partner Certificate Number
is terminated.
2. Signed on
Date
Signature
Signature
in
City State
Printed name
Printed name
3. Notarization of signature: (Required)
State of
County of
Sworn to and subscribed before me this day of 20 _by
who are personally known or produced Identification _
Signature of Notary Public
and