TITLE
ORDINANCE RELATING TO EMERGENCY MANAGEMENT AND EMPLOYMENT; CREATING SECTION 8B-11.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; MAKING IT UNLAWFUL FOR AN EMPLOYER TO RETALIATE OR THREATEN TO RETALIATE AGAINST A NON-ESSENTIAL EMPLOYEE WHO COMPLIES WITH COUNTY EVACUATION OR EMERGENCY ORDERS; PROVIDING EXEMPTIONS FOR CERTAIN GOVERNMENT EMPLOYEES AND CERTAIN OTHER ESSENTIAL EMPLOYEES; PROVIDING EXCEPTIONS; ESTABLISHING PENALTIES; PROVIDING FOR APPLICABILITY AND ENFORCEMENT; AMENDING SECTION 8CC; PROVIDING CIVIL PENALTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the County orders evacuations during a declared State of Emergency in order to safeguard human health; and
WHEREAS, during a declared State of Emergency, mass transit options are often reduced or eliminated; and
WHEREAS, individuals who comply with an evacuation order often find it difficult, if not impossible, to get to work; and
WHEREAS, individuals who comply with an evacuation order, and who are unable to get to work, should not be subject to sanctions from their employer,



BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 8B-11.1 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:1
>>Sec. 8B-11.1. Unlawful Retaliation Against Employees During Emergency Disasters.

(1) For purposes of this section,

a. �essential employee� shall mean any employee that is critical to the essential functioning of the following employers:

i) hospital or health care provider;
ii) public or private utility;
iii) media;
iv) government agency;
v) government contractor;
vi) public safety agency; and
vii) any other business that provides essential emergency related public safety supplies or services.

b. �unlawful retaliation� shall mean termination, demotion, or withholding or nonpayment of wages, salary, bonuses or benefits.

(2) Upon a declaration of a state of emergency applicable to any portion of Miami-Dade County, it shall be unlawful for any employer to retaliate or threaten to retaliate against any employee who is not an essential employee and who complies with County evacuation orders or other County Executive Orders issued during a declared state of local emergency.



(3) To ensure that employees that rely on mass transit services are evacuated from vulnerable areas, for purposes of this section, any non-essential employee that depends on mass transit service to commute to work to an area that is subject to a County evacuation order shall comply with County evacuation orders prior to the suspension of transit services. No employer shall retaliate or threaten to retaliate against such an employee for complying with a County evacuation order.

(4) This section shall not apply to any employer who has promulgated a written policy that

a. defines essential and non-essential employees, and
b. requires that only essential personnel report to the place of employment during a declared state of local emergency.

No policy shall be considered promulgated unless conveyed to all employees in writing at least 30 days prior to the declaration of local emergency and enforced by the employer.

(5) In addition to any remedies elsewhere provided in the County Code or under law, any employer who violates any provision of this section may be punished by a fine not to exceed $500, or by imprisonment for not more than 60 days, or both. An employer who violates this section shall be subject to a separate violation for each employee unlawfully retaliated or threatened to be retaliated against.

(6) Applicability and enforcement. This section shall apply to both the incorporated and unincorporated areas, and in the unincorporated areas shall be enforced by the County and in the incorporated areas shall be enforced concurrently by the municipalities and the County.<<



Section 2. Section 8CC of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Chapter 8CC CODE ENFORCEMENT

* * *

Sec. 8CC-10. Schedule of civil penalties.

* * *

Code Section Description of Violation Civil Penalty
* 8AA-160(d) Failure to maintain membership in Sunshine State One Call
$100.00 * All other Chapter 8AA, Article I violations
$500.00 *
* >>8B-11.1 Unlawful Retaliation for Compliance With County
Emergency Management Evacuation and Executive Orders
$500.00<< * 8B-16 Failure to file or abide by Gas Station Emergency Plan
$500.00 Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.



1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.