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Resolution: R-09-0163
File Number: 09-00342
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/26/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING 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", AMENDING THE FLORIDA CIVIL
RIGHTS ACT; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS.
WHEREAS, during the 2009 legislative session, the Florida House of Representatives and 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 Beach 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
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File Number: 09-00342 Enactment Number: R-09-0163
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 }
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File Number: 09-00342
Footnotes:
Enactment Number: R-09-0163
{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.
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