Miami-Dade Legislative Item
File Number: 160879
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File Number: 160879 File Type: Resolution Status: Adopted
Version: 0 Reference: R-335-16 Control: County Commission
File Name: CONDEMNING DISCRIMINATORY LEGISLATION Introduced: 4/18/2016
Requester: NONE Cost: Final Action: 5/3/2016
Agenda Date: 5/3/2016 Agenda Item Number: 11A1
Notes: Title: RESOLUTION CONDEMNING THE LEGISLATION RECENTLY ENACTED BY THE MISSISSIPPI STATE LEGISLATURE AND THE NORTH CAROLINA GENERAL ASSEMBLY, AND ANY OTHER SIMILAR LEGISLATION THAT DISCRIMINATES AGAINST THE LESBIAN, GAY, BISEXUAL, OR TRANSGENDER COMMUNITY; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE, IN COORDINATION WITH THE BEACON COUNCIL AND THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, TO DEVELOP A PLAN TO RECRUIT BUSINESSES AND INDIVIDUALS THAT HAVE BOYCOTTED DOING BUSINESS IN, OR TRAVELING TO, STATES THAT HAVE ADOPTED SUCH DISCRIMINATORY LAWS; URGING THE BEACON COUNCIL AND THE GREATER MIAMI CONVENTION AND VISITORS BUREAU TO COORDINATE WITH THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXAMINE THE FEASIBILITY AND ADVISABILITY OF INSTITUTING A BAN ON COUNTY AND PUBLIC HEALTH TRUST (''PHT'') EMPLOYEE TRAVEL FOR OFFICIAL COUNTY OR PHT BUSINESS TO MISSISSIPPI OR NORTH CAROLINA; AND FURTHER DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO PLACE A REPORT REGARDING THE PLAN AND FEASIBILITY STUDY ON AN AGENDA OF THE BOARD
Indexes: LEGISLATURE
Sponsors: Daniella Levine Cava, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 5/3/2016 11A1 Adopted P
REPORT: County Attorney Abigail Price-Williams announced Commissioners Edmonson and Heyman asked to be listed as co-sponsors. It was moved by Commissioner Levine Cava that the Board of County Commissioners adopt the foregoing proposed resolution. This motion was seconded by Commissioner Edmonson, and the floor was opened for discussion. Commissioner Levine Cava explained the intent of the foregoing proposed resolution; and she asked Chief Purchasing Officer/Sr. Assistant Director Miriam Singer, Internal Services Department, in conjunction with the National Consortium to assist the County’s administration to explore what could be done in the procurement area in terms of developing and implementing sanctions and study the feasibility of establishing purchasing restrictions. Commissioner Sosa advised she had initially fully supported this initiative, but she unwelcomed the idea of allowing other states to dictate how to vote on issues. Therefore, in order to be consistent in the manner in which she supported issues, she would vote no. Vice Chairman Bovo noted that, he felt, the intent of the foregoing legislation was to punish someone for differing in opinion; and this legislation presented the potential to provide an opportunity for an individual to abuse it and cause harm. He stated he would not partake in punishing someone who wished to take action in their community for something that was deemed appropriate. Commissioner Jordan voiced her full support for the foregoing legislation and asked that travel to the states of Mississippi and North Carolina be limited. Mayor Gimenez advised he would gladly provide the report requested by the resolution and limit travel to those two states if the item passed, but the County would continue to provide transportation to governmental visitors from those states if needed. Otherwise, he would be fully supportive of this legislation. Commissioner Barreiro noted this same philosophy should be applicable to other entities including other countries like Cuba. Chairman Monestime voiced his full support for this legislation in order to be able to protect the rights of minorities, noting that its intent was to continue preserving the rights of minorities. Commissioner Suarez stated he would vote no for the same reasons previously stated by Commissioner Sosa. Upon conclusion of the foregoing discussion, Chairman Monestime asked for a roll call vote.

Board of County Commissioners 4/19/2016 14A8 4 Day Rule Invoked
REPORT: Chairman Monestime noted Agenda Item 14A8 was a resolution sponsored by Commissioner Levine Cava that had just been added to today’s (4/19) agenda. County Attorney Abigail Price-Williams advised that a motion was needed to add this resolution to the agenda; and the public would have to be provided a reasonable opportunity to be heard. It was moved by Commissioner Levine Cava that the foregoing proposed resolution be added to the April 19, 2016 County Commission agenda. This motion was seconded by Chairman Monestime, and upon being put to a vote, passed by a vote of 9-0 (Commissioners Heyman, Diaz, Suarez and Zapata were absent). Commissioner Bovo invoked the Four-Day Rule.

County Attorney 4/18/2016 Assigned Annery Pulgar Alfonso 4/18/2016

Legislative Text


TITLE
RESOLUTION CONDEMNING THE LEGISLATION RECENTLY ENACTED BY THE MISSISSIPPI STATE LEGISLATURE AND THE NORTH CAROLINA GENERAL ASSEMBLY, AND ANY OTHER SIMILAR LEGISLATION THAT DISCRIMINATES AGAINST THE LESBIAN, GAY, BISEXUAL, OR TRANSGENDER COMMUNITY; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE, IN COORDINATION WITH THE BEACON COUNCIL AND THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, TO DEVELOP A PLAN TO RECRUIT BUSINESSES AND INDIVIDUALS THAT HAVE BOYCOTTED DOING BUSINESS IN, OR TRAVELING TO, STATES THAT HAVE ADOPTED SUCH DISCRIMINATORY LAWS; URGING THE BEACON COUNCIL AND THE GREATER MIAMI CONVENTION AND VISITORS BUREAU TO COORDINATE WITH THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXAMINE THE FEASIBILITY AND ADVISABILITY OF INSTITUTING A BAN ON COUNTY AND PUBLIC HEALTH TRUST (�PHT�) EMPLOYEE TRAVEL FOR OFFICIAL COUNTY OR PHT BUSINESS TO MISSISSIPPI OR NORTH CAROLINA; AND FURTHER DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PLACE A REPORT REGARDING THE PLAN AND FEASIBILITY STUDY ON AN AGENDA OF THE BOARD

BODY
WHEREAS, this County prides itself on being a diverse and inclusive community and has demonstrated a long history of opposing discrimination on the basis of, among other things, sexual orientation and gender identity or expression; and
WHEREAS, for example, the Miami-Dade Human Rights Ordinance, codified at Chapter 11A of the County Code, currently prohibits discrimination in employment, family leave, public accommodations, credit and financing practices, and housing accommodations on the basis of, among other things, a person�s sexual orientation and gender identity or expression; and
WHEREAS, 84 percent of the nation�s largest companies, many of which do business in Florida, have adopted comprehensive anti-discrimination policies that offer protections to persons who are lesbian, gay, bisexual, or transgender (�LGBT�); and
WHEREAS, recently, some state legislatures have passed legislation that weakens the civil rights of the LGBT community; and
WHEREAS, in March of 2016, the North Carolina General Assembly passed House Bill 2, the Public Facilities Privacy and Security Act (�HB 2�), (1) barring transgender individuals from restrooms and locker rooms that do not match the gender on their birth certificates, (2) preempting municipalities from enacting local antidiscrimination policies, (3) preempting local governments from raising minimum wage levels above the state level, and (4) preempting local governments from imposing antidiscrimination policies or additional labor requirements on their contractors; and
WHEREAS, HB 2 was signed into law by North Carolina Governor Pat McCrory the same day it was passed by the General Assembly; and
WHEREAS, three North Carolina residents, the American Civil Liberties Union (�ACLU�), the ACLU of North Carolina, Lambda Legal, and Equality North Carolina have filed a lawsuit challenging HB 2 as unconstitutional; and
WHEREAS, in April of 2016, Mississippi Governor Phil Bryant signed into law House Bill 1523, the Protecting Freedom of Conscience From Government Discrimination Act (�HB 1523�), that allows religious organizations and private businesses with religious objections to discriminate against LGBT individuals in the realms of employment, housing, child adoption services, foster care, psychological counseling, fertility services, marriage and wedding-related services, student dress codes, and access to restrooms; and
WHEREAS, the discriminatory laws passed by the North Carolina General Assembly and the Mississippi State Legislature threaten the health, safety, welfare, and human rights of the LGBT community; and
WHEREAS, in response, a number of states and cities have banned government-sponsored travel to North Carolina and Mississippi; and
WHEREAS, this year, Georgia Governor Nathan Deal vetoed House Bill 757 (�HB 757�) which would have given faith-based organizations in Georgia the option to deny services and jobs to gay, lesbian, bisexual, or transgender people; and
WHEREAS, in 2015, the Florida Legislature considered, but did not pass, Senate Bill 1464 (�SB 1464�) and House Bill 583 (�HB 583�), that would have made it illegal for any transgender person to use a single-sex restroom that does not match the gender on the person�s birth certificates; and
WHEREAS, HB 583 would have preempted the County�s ordinance that bans discrimination based on gender identity and expression in public restrooms throughout the county; and
WHEREAS, other states, such as South Carolina, are considering similar legislation that would discriminate against and disenfranchise the LGBT community; and
WHEREAS, this Board opposes any law that condones discrimination against members of the LGBT community, and encourages individuals and businesses that have denounced such discriminatory laws to visit and do business in our diverse and inclusive community,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Condemns the Protecting Freedom of Conscience From Government Discrimination Act enacted by the Mississippi State Legislature, the Public Facilities Privacy and Security Act enacted by the North Carolina General Assembly, and any other similar legislation that discriminates against the lesbian, gay, bisexual, or transgender community.
Section 2. Directs the County Mayor or County Mayor�s designee, in coordination with The Beacon Council and the Greater Miami Convention and Visitors Bureau, to develop a plan to attract and recruit to our county businesses, individuals, organizations, and tourists that have denounced or boycotted doing business in, or traveling to, states that have adopted such discriminatory laws. The recruitment initiative should showcase the County as a diverse, economically vibrant, and inclusive place to visit and do business.
Section 3. Urges The Beacon Council and the Greater Miami Convention and Visitors Bureau to coordinate with the County Mayor or County Mayor�s designee to accomplish the initiatives described in Section 2 above.
Section 4. Directs the County Mayor or County Mayor�s designee to examine the feasibility and advisability of instituting a ban on County and Public Health Trust (�PHT�) employee travel for official County or PHT business to Mississippi or North Carolina. The report shall identify the number of times that County or PHT employees have traveled to Mississippi or North Carolina in the last two years on official County or PHT business and shall describe the purpose of the travel.


Section 5. Directs the County Mayor or County Mayor�s designee to provide a report containing the plan identified in Section 2 and the findings and recommendations resulting from the study identified in Section 4 to this Board within 90 days of the effective date of this resolution, and to place the completed report on an agenda of the Board pursuant to Ordinance No. 14-65.
Section 6. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Chair of The Beacon Council and the President of the Greater Miami Convention and Visitors Bureau.



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