HomeMy WebLinkAboutLegislation - City of Miami BeachAN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER
70 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"MISCELLANEOUS OFFENSES," BY CREATING ARTICLE VII,
TO BE ENTITLED "SEXUAL ORIENTATION OR GENDER
IDENTITY CHANGE EFFORTS," TO PROHIBIT LICENSED
PROFESSIONALS FROM ENGAGING IN COUNSELING
EFFORTS, PRACTICES, OR TREATMENTS WITH THE GOAL
TO CHANGE A MINOR'S SEXUAL ORIENTATION OR GENDER
IDENTITY; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the American Psychiatric Association published a position statement
in December 1998 opposing any psychiatric treatment, including reparative or
conversion 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
homosexual orientation; and
WHEREAS, the American Psychological Association's Task Force on
Appropriate Therapeutic Responses to Sexual Orientation ("APA 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, suicidality, 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 American
Psychological Association 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 sexual orientation change efforts, including
reparative therapy or conversion 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
WHEREAS the Substance Abuse and Mental Health Services Administration of
the United StatesDepartment of Health and Human Services issued a re ort in 2015
examining the scientific literature on conversion therapy _and concluding that
"conversion therapy=eftor-s to change an individual's _sexual orientation, c nder
identit or ender ex ression�--is a ractice that is not su orked b credible evidence"
and that "mayput young pople at ris
ek of serious harm and
WHEREAS, the City of Miami Beach ("City") has a compelling interest in
protecting the physical and psychological well-being of minors, including lesbian, gay,
bisexual, aad-transgender andg iestioni youth, and in protecting its minors against
exposure to serious harms caused by sexual orientation and gender identity .change
efforts; and
WHEREAS, the City 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 identfty change efforts can
pose critical health risks to lesbian, gay, bisexual, or transgender persons; and
WHEREAS, it is the desire of the Miami Beach City Commission to prohibit,
within the geographic boundaries of the City, the use of sexual orientation or gender
identity change efforts with minors, including reparative and conversion 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 MAYOR AND CITY
COMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. That Chapter 70 of the Miami Beach Code is hereby amended to
create Article VII as follows:
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE VII. Sexual Orientation or Gender Identity Change Efforts
Sec. 70-405. Definitions.
The following words, terms, and phrases, when used in this Article, shall have
the meanings ascribed to them in this Article, except when the context clearly indicates
a different meaning:
Conversion 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
gender. Conversion therapy does not include counseling that:
M Provides support to a person ctively✓ undergoing gender transition; or
I;q Provides acceptance, support, and understanding of a person or facilitates
a person's coping, social support, and 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.
Reparative therapy has the same meaning as conversion therapy defined in this
section.
Sec. 70-406. 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 or reparative
therapy with a minor.
Sec. 70-407. Enforcement; penalties.
A violation of Section 70-406 shall be enforced pursuant to the procedures set
forth in Chapter 30 of this Code. The penalty for a violation shall be $200.00. Each day
that a violation occurs constitutes a separate offense.
SECTION 1. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of the City of Miami Beach, Florida. The sections of this
Ordinance may be renumbered or re -lettered to accomplish such intention, and the
word "ordinance" may be changed to "section," "article," or other appropriate word.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect the day of 2016.
PASSED and ADOPTED this day of 12016,
ATTEST:
Philip Levine
Mayor
Rafael E. Granado
City Clerk
(Sponsored by Commissioner John Elizabeth Aleman)
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