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Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-01057 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"OFFENSES -MISCELLANEOUS", TO CREATE SECTION 37-13, ENTITLED
"CONVERSION THERAPY", TO PROHIBIT LICENSED PROFESSIONALS FROM
ENGAGING IN COUNSELING EFFORTS, PRACTICES, OR TREATMENTS WITH
THE GOAL OF CHANGING A MINOR'S SEXUAL ORIENTATION OR GENDER
IDENTITY; DEFINING TERMS AND PROVIDING FOR PENALTIES AND
ENFORCEMENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the American Psychiatric Association ("APA") published a position statement in
December 1998 opposing any psychiatric treatment, including conversion or reparative therapy,
which therapy regime is based upon the assumption that homosexuality per se is a mental disorder or
that a patient should change his or her sexual orientation; and
WHEREAS, the APA's Task Force on Appropriate Therapeutic Responses to Sexual
Orientation ("Task Force") concluded that sexual orientation change efforts can pose critical health
risks to lesbian, gay, and bisexual people, including, among other things, confusion, depression,
social withdrawal, suicide, substance abuse, self -hatred, high -risk sexual behavior, and a feeling of
being dehumanized; and
WHEREAS, following the report issued by the APA Task Force, the APA issued a resolution in
2009 on Appropriate Affirmative Responses to Sexual Orientation Distress and Change Efforts
advising parents, guardians, young people, and their families to avoid sexual orientation change
efforts that portray homosexuality as a mental illness or developmental disorder and encouraging
psychotherapy, social support, and educational services that provide accurate information on sexual
orientation and sexuality, increased family and school support, and reduced rejection of sexual
minority youth; and
WHEREAS, the American Academy of Child and Adolescent Psychiatry published a statement
in 2012 in its journal that "[g]iven that there is no evidence that efforts to alter sexual orientation are
effective, beneficial or necessary, and the possibility that they carry the risk of significant harm, such
interventions are contraindicated"; and
WHEREAS, the American Academy of Pediatrics, the American Medical Association Council of
Scientific Affairs, the National Association of Social Workers, the American Counseling Association
Governing Council, the American School Counselor Association, and the American Psychoanalytic
Association have each asserted in reports or position statements that efforts to change sexual
orientation, including conversion therapy or reparative therapy, are not recommended and may be
harmful; and
WHEREAS, the Pan American Health Organization issued a statement in 2012 that "[t]hese
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supposed conversion therapies constitute a violation of the ethical principles of health care and
violate human rights that are protected by international and regional agreements"; and
WHEREAS, the Substance Abuse and Mental Health Services Administration of the United
States Department of Health and Human Services issued a report in 2015 examining the scientific
literature on conversion therapy and concluding that "conversion therapy -efforts to change an
individual's sexual orientation, gender identity or gender expression -is a practice that is not supported
by credible evidence" and that "may put young people at risk of serious harm"; and
WHEREAS, the City of Miami ("City") has a compelling interest in protecting the physical and
psychological well-being of minors, including lesbian, gay, bisexual, transgender and questioning
youth, and in protecting its minors against exposure to serious harms caused by efforts to change
sexual orientation and gender identity; and
WHEREAS, the Commission hereby finds that being lesbian, gay, bisexual, or transgender is
not a disease, disorder, illness, deficiency, or shortcoming, and that research has demonstrated
sexual orientation and gender identity change efforts can pose critical health risks to lesbian, gay,
bisexual, and transgender persons; and
WHEREAS, it is the desire of the Commission to prohibit, within the geographic boundaries of
the City, the use of sexual orientation or gender identity change efforts with minors, including
conversion and reparative therapy, which have been demonstrated to be harmful to the physical and
psychological well-being of lesbian, gay, bisexual, and transgender persons;
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 37 of the Code of the City of Miami, Florida, as amended ("City Code"), is
further amended in the following particulars: {1}
"CHAPTER 37
OFFENSES - MISCELLANEOUS
Sec. 37-13. Conversion Therapy.
(a) Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this
Section, have the meanings indicated in this Section:
Conversion Therapy, also referred to as Reparative Therapy, means any counseling, practice,
or treatment performed with the goal of changing a person's sexual orientation or gender
identity including, but not limited to, efforts to change behaviors, gender expression, or to
reduce or eliminate sexual or romantic attraction or feelings toward a person of the same
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gender. Conversion Therapy does not include counseling that:
(1) Provides support to a person undergoing gender transition; or
(2) Provides acceptance, support, or understanding of a person, or facilitates a person's
coping, social support, identity exploration, and development, including sexual
orientation -neutral interventions to prevent or address unlawful conduct or unsafe
sexual practices, if such counseling is not conducted with the goal of changing the
person's sexual orientation or gender identity.
Minor means a person less than eighteen (18) years of age.
f) Conversion Therapy prohibited. A person who is licensed by the State of Florida to provide
professional counseling, or who performs counseling as part of his or her professional training
under Chapters 458, 459, 490, or 491 of the Florida Statutes, as such Chapters may be
amended, including, but not limited to, medical practitioners, osteopathic practitioners,
psychologist, psychotherapists, social workers, marriage and family therapists, and licensed
counselors, may not engage in Conversion Therapy or Reparative Therapy with a Minor.
Enforcement; penalties. A violation of the provisions of this Section may be cited pursuant to
Chapter 2, Article X of the City Code and shall result in a fine of $500.00. Each day that a
violation occurs constitutes a separate offense. These penalties shall not preclude any other
remedies available at law or in equity, including, injunctive relief in the circuit court.
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Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption
thereof.{2}
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicated
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the effective
date stated herein, whichever is later.
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