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File ID: #1016
Ordinance
Second Reading
Sponsored by: Francis Suarez, Mayor
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.
City of Miami File ID: 1016 (Revision: A) Printed On: 6/4/2018
File Number: 1016
City of Miami
Legislation
Ordinance
Enactment Number: 13638
Final Action Date: 10/13/2016
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 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
City of Miami File ID: 1016 (Revision: A) Printed On: 6/4/2018
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:I
"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 meaninas 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
Derson of the same aender. Conversion Theraav does not include counselina that:
(1) Provides support to a person undergoing gender transition; or
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 unchanaed material.
City of Miami File ID: 1016 (Revision: A) Printed On: 6/4/2018
2) Provides acceatance. suDDort. or understandina of a Derson. 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.
(b) 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 enaaae in Conversion Therapv or Reparative
Therapy with a Minor
(c) 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.
*If
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
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, City Attor ey 10/312016
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.
City of Miami File ID: 1016 (Revision: A) Printed On: 6/4/2018