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Home My WebLink AboutLegislation^� N A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA LEGISLATURE TCS SUPPORT PROPOSED SENATE BILL 2012 AND HOUSE BILL 397 ENTITLE152' � rq "THE PROHIBITED DISCRIMINATION BILL', AMENDING THE FLORIDA ClVi�_,;` n; r7) RIGHTS ACT; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THI$' RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. yT N W C.) CA WHEREAS, during the 2009 legislative session, the Florida.House of Representatives-Eand Florida Senators will be asked to vote on amending the Civil Rights Act of Florida with a bill entitled "The Prohibited Discrimination Bill", which would update both the Florida Civil Rights Act and Florida's Fair Housing Act to include sexual orientation, gender identity or expression, pregnancy and familial status; and WHEREAS, said bill, which updates protection to individuals based on sexual orientation, gender identity or expression, pregnancy and familial status, would provide protection in employment, housing and public accommodations; and WHEREAS, since 2003, every state that has passed comprehensive civil rights legislation has included both sexual orientation and gender identity or expression; and WHEREAS, said bill ensures that both laws: (a) include both marital status and familial status and (b) update the term "handicap" with "disability", and WHEREAS, pregnancy is included to implement a court decision which recognized that the Florida Civil Rights Act also covers pregnancy, and WHEREAS; the bill narrowly limits the definition of."sexual orientation" to "an individual's actual or perceived heterosexuality, homosexuality, or bisexuality" and WHEREAS, the definition of "gender identity or expression" is limited to "a gender -related identity, appearance, expression or behavior of an individual, regardless of the individual's assigned sex at birth"; and WHEREAS., without these added classifications, it will still be legal in Florida to fire individuals from their jobs, or deny them a place to live solely because they are gay, lesbian, bisexual, or transgender; and WHEREAS, several Florida counties such as Broward, Leon, Miami -Dade, Monroe, Orange, Palm Beach and Pinellas counties, and the cities of Gulfport, Gainesville, Key West, Lake Worth, Miami Beach, Orlando, Sarasota, St. Petersburg, Tampa and West Palm Beachv have taken steps to address these issues by amending their fair employment and housing laws to cover "sexual orientation" and/or "gender identity or expression"; and City of Miami Page 1 of 3 Printed On: 3/23/2009 Le, yis�aob•, City of Miami SUBMITTEDa 01THE Drive Legislation PUBLIC REGORDmFOR Resolution RITEM File -Number: 09-00342 Final Action Date: ^� N A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA LEGISLATURE TCS SUPPORT PROPOSED SENATE BILL 2012 AND HOUSE BILL 397 ENTITLE152' � rq "THE PROHIBITED DISCRIMINATION BILL', AMENDING THE FLORIDA ClVi�_,;` n; r7) RIGHTS ACT; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THI$' RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. yT N W C.) CA WHEREAS, during the 2009 legislative session, the Florida.House of Representatives-Eand Florida Senators will be asked to vote on amending the Civil Rights Act of Florida with a bill entitled "The Prohibited Discrimination Bill", which would update both the Florida Civil Rights Act and Florida's Fair Housing Act to include sexual orientation, gender identity or expression, pregnancy and familial status; and WHEREAS, said bill, which updates protection to individuals based on sexual orientation, gender identity or expression, pregnancy and familial status, would provide protection in employment, housing and public accommodations; and WHEREAS, since 2003, every state that has passed comprehensive civil rights legislation has included both sexual orientation and gender identity or expression; and WHEREAS, said bill ensures that both laws: (a) include both marital status and familial status and (b) update the term "handicap" with "disability", and WHEREAS, pregnancy is included to implement a court decision which recognized that the Florida Civil Rights Act also covers pregnancy, and WHEREAS; the bill narrowly limits the definition of."sexual orientation" to "an individual's actual or perceived heterosexuality, homosexuality, or bisexuality" and WHEREAS, the definition of "gender identity or expression" is limited to "a gender -related identity, appearance, expression or behavior of an individual, regardless of the individual's assigned sex at birth"; and WHEREAS., without these added classifications, it will still be legal in Florida to fire individuals from their jobs, or deny them a place to live solely because they are gay, lesbian, bisexual, or transgender; and WHEREAS, several Florida counties such as Broward, Leon, Miami -Dade, Monroe, Orange, Palm Beach and Pinellas counties, and the cities of Gulfport, Gainesville, Key West, Lake Worth, Miami Beach, Orlando, Sarasota, St. Petersburg, Tampa and West Palm Beachv have taken steps to address these issues by amending their fair employment and housing laws to cover "sexual orientation" and/or "gender identity or expression"; and City of Miami Page 1 of 3 Printed On: 3/23/2009 Le, yis�aob•, File Number: 09-00342 WHEREAS, more than ninety percent (90%)of the Fortune 500 companies have affirmative policies prohibiting workplace discrimination based on sexual orientation and more than one-third (1/3) also prohibit discrimination based on gender identity; and WHEREAS, according to a South Florida Sun -Sentinel article published on November 16, 2008, a recent polling data shows that Floridians believe gays and lesbians should have equal rights in employment, housing, and public accommodations; and WHEREAS, more than one -thousand (1,000) Florida voters were asked whether homosexuals should have the same rights as everyone else as to housing, job opportunities and public accommodations, and eighty-nine percent (89%) responded "yes"; and WHEREAS, political party identification had little statistical impact on the results, while eighty-seven percent (87%) of Republicans, ninety percent (90%) of Democrats and ninety-three .. percent (93%) of Independents all support equal rights for gay and lesbian Floridians; and WHEREAS, twenty (20) states and the District of Columbia have fair employment and housing laws regarding sexual orientation and, in the most recent thirteen (13) of these states to enact such laws and in the District of Columbia, gender identity or expression is included; and WHEREAS, fifty-two percent (52%) of the United States population now lives in jurisdictions protecting gays and lesbians from discrimination; and thirty-seven percent (37%) of the United States population now lives in jurisdictions that also protect individuals based on gender identity and expression; and WHEREAS, protection of the rights or abilities of workers is in the best interests of any working person or in the interest of any governmental entity, any state; and WHEREAS, protection of the rights provided to employees will assist recruitment and retention of top employees in public service; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY MIAMI, FLORIDA: Section 1. The Miami City Commission urges Governor Charlie Crist and the members of the Florida Legislature to support proposed Senate Bill 2012 and House Bill 397 entitled "the Prohibited Discrimination Bill", that amends the Florida Civil Rights Act. Section 2. The City Clerk is directed to transmit a copy of this Resolution to Governor Charlie Crist, Senate President Jeff Atwater, Speaker of the House Larry Cretul and the members of the Florida Legislature. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} City of Miami Page 2 of 3 Printed On: 3/23/2009 File Number. 09-00342 APPROVED AS TO FORM AND CORRECTNESS JULIE O. BRU CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 Printed On: 3/23/2009