Resolution 081-1998
Board of County Commissioners
RESOLUTION NO.08l -1998
A RESOLUTION AMENDING SECTION 14 OF THE MONROE COUNTY POLICIES AND
PROCEDURES MANUAL BY DEFINING DOMESTIC PARTNER; PROVIDING FOR A
PROCEDURE TO ESTABLISH AND DETERMINE THE EXISTENCE OR TERMINATION OF A
DOMESTIC PARTNERSHIP; PROVIDING FOR THE RIGHTS OF DOMESTIC PARTNERS; AND
PROVIDING THAT MONROE COUNTY WILL PROVIDE THE SAME HEALTH BENEFITS TO
DOMESTIC PARTNERS AS IT PROVIDES TO EMPLOYEES WITH SPOUSES
WH EREAS, fall1i1y demographics have changed dramatically over the years; and
WHEREAS, the nuclear family of bread-winner-husband and homemaker-wife with minor children
at home once comprised a majority of American households, today these families constitute
significantly less than a majority of households nationally, and
WHEREAS, single adults living alone, single parents with children, dual-career married couples,
extended families, and domestic partners now comprise the majority of American households, and
WHEREAS, domestic partners live together in the context of a committed family relationship; and
the Board of County Commissioners of Monroe County, Florida finds that Domestic P@n~ c~pr~ a
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significant percentage of this jurisdiction, tax base and electorate; and ~;2 .,. g 0
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WHEREAS, extending health and other employment fringe benefits to do~~;.pa~er~of
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employees will enable Monroe County to attract and retain qualified employees; and ;<~~;- .r:- n
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WHEREAS, it is the intent of the County Commissioners to allow persons ~o fare -eoJrrly
employees, including employees of the Constitutional Officers, and Mosquito Control Board, in
committed relationships who meet the criteria in Section 14.02 of this Resolution established by the
County as constituting domestic partnerships to register at the office of the Human Resources Director
and establish eligibility for benefits as provided herein; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1,
The County Personnel Policies and Procedures Manual is hereby amended by the
addition of the following:
14.02 Definitions.
A. Domestic Partners, "Domestic Partners" are two adults who have chosen to share
one another's lives in a committed family relationship of mutual caring. Two individuals are considered
to be Domestic Partners if:
( 1 ) they consider themselves to be members of each others imr:nediate family;
(2) they agree to be jointly responsible for each other's basic living expenses;
(3) neither of them is married or a member of another Domestic Partnership;
(4) they are not blood related in a way that would prevent them from being married
to each other under the laws of Florida;
(5) each is at least of the legal age and competency required by Florida Law to
enter into a marriage or other binding contract;
(6) they must each sign a Declaration of Domestic Partnership as provided for in
Section 1403;
(7) they both reside at the same residence. .
B. Joint Responsibility for Basic Living Expenses, "Basic living expenses" means basic food
and shelter. " Joint responsibility" means that each partner agrees to provide for the other's basic living
expenses while the domestic partnership is in effect if the partner is unable to provide for himself or
herself. It does not mean that the partners must contribute equally or jointly to basic living expenses.
C. Competent to Contract. "Competent to Contract" means the two partners are mentally
competent to contract,
D. Domestic Partnership. "Domestic Partnership" means the entity formed by two individuals
who have met the criteria listed above and file a Declaration of Domestic Partnership as described
below.
E. Declaration of Domestic Partnership, "Declaration of Domestic Partnership" or "DDP" is a
form provided by the Human Resources Director By signing it, two people swear under penalty of
perjury that they meet the requirements of the definition of domestic partnership when they sign the
statement, The form shall require each partner to provide a mailing address.
F, Dependent. "Dependent" means an individual who lives within the household of a
domestic partnership and is:
( 1 ) A biological child or adopted child of a domestic partner; or
(2) A dependent as defined under County employee benefit plan document,
(3) A ward of a domestic partner as determined in a guardianship proceeding,
G. Employee means an employee of the Board of County Commissioners, the constitutional
officers or the Mosquito Control Board, except where the context is otherwise.
14.03. Establishina a Domestic Partnership.
A. An employee and his/her domestic partner as set out in Section 14.02 are eligible to
declare a Declaration of Domestic Partnership (hereafter DDP) in the presence of the Human Resources
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Director, or the employee partner may present a signed and notarized DDP to the Human Resources
Director. The DDP shall include the name and date of birth of each of the domestic partners. the
address of their common household. and the names and dates of birth of any dependents of the
domestic partnership, and shall be signed, under the pain and penalties of perjury, by both domestic
partners and witnessed (two) and notarized.
B, As further evidence of two individuals being involved in a domestic partnership, two of
the following documents must be presented along with the DDP to the Human Resources Director:
(1) a lease, deed or mortgage indicating that both parties are jointly responsible;
(2) driver's licenses for both partners showing the same address;
(3) passports for both partners showing the same address;
(4) verification of a joint bank account (savings or checking);
(5) credit cards with the same account numbers in both names;
(6) joint wills;
(7) powers of attorney; or
(8) joint title indicating that both partners own a vehicle.
C. An individual cannot become a member of a domestic partnership until at least six
months after any other domestic partnership of which she or he was a member has ended and a notice
that the partnership has ended was given as provided for in Section 14,04. This does not apply if their
domestic partners deceased.
D. Domestic partners may amend the DDP to add or delete dependents or change the
household address, Amendments to the DDP shall be executed in the same manner as the declaration
of a domestic partnership.
14.04. Termination of a Domestic Partnership.
A. A domestic partnership is terminated when:
( 1 ) one of the partners dies; or
(2) one of the partners marries; or
(3) a domestic partner files a termination statement with the Human Resources
Director. A domestic partnership may be terminated by a domestic partner who
files with the Human Resources Director by hand or be certified mail, a
termination statement. The person filing the termination statement must declare
under pain and penalties of perjury that the domestic partnership is terminated
and that a copy of the termination statement has been mailed by certified mail
to the other domestic partner at his or her last known address. The person filing
the termination statement must include on such statement the address to which
the copy was mailed,
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B. The termination of a domestic partnership shall be effective immediately upon the death
of a domestic partner, The voluntary termination of a domestic partnership by a partner shall be
effective thirty (30) days after the receipt of a termination statement by the Human Resources Director,
If the termination statement is withdrawn before the effective date, the domestic partner shall give
notice of the withdrawal, by certified mail, to the other domestic partner.
C. If a domestic partnership is terminated by the death of a domestic partner, there shall be
no required waiting period prior to filing another domestic partnership. If a domestic partnership is
terminated by one or both domestic partners, neither domestic partner may file another domestic
partnership until six (6) months have elapsed from effective termination.
D, It is the obligation of the employee domestic partner to notify the Human Resources
Director of the termination of a domestic partnership as soon as possible after it occurs.
14.05. Human Resources Director Records.
A. The Human Resources Director will keep a record of all employee DDPs, Amendments
and Termination Statements. The records will be maintained so that DDPs, Amendments and
Termination Statements will be filed to which they apply.
B. The Human Resources Director shall identify on the DDP what type of documents were
presented for further verification of the domestic partnership,
C. Upon determination by the Human Resources Director that the DDP is complete and that
further evidence of the domestic partnership has been presented as provided in Section 14,03(B), the
Human Resources Director shall provide the employee with a copy of the DDP. The
employee/domestic partner shall become eligible to elect domestic partnership health and other
employment fringe benefits as provided in Section 14.06, It will be the employee's responsibility to notify
the Employee Benefits Section of their intent to enroll the domestic partner and/or any eligible
dependents under the Monroe County Employee Benefit Plan. Domestic partner/dependents enrolled
in the Monroe County Employee Benefit Plan are subject to the same rules and provision applicable to
covered spouses/dependents.
D. The Human Resources Director shall provide forms to employees requesting them,
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E. The Human Resources Director shall allow public access to domestic partnership records
to the same extent and in the same manner as any other public record,
14.06. Emplovment Benefits.
A. The County shall provide the same health and other employment fringe benefits to
employees with domestic partners as to employees with spouses. As used in this section, "employees"
refers to active and retired employees of Monroe County that are eligible for benefits pursuant to state
law, County Ordinances, County employment policies, and collective bargaining agreements,
B. The County shall provide health insurance and benefit coverage to an employee's
domestic partner as it does to an employee's spouse, and to the dependent(s) of an employee's
domestic partnership as it does to an employee's child(ren). An employee may opt to decline health
insurance coverage for her or is domestic partner, without foregoing the right to obtain health
insurance coverage for her or his domestic partner during a future open enrollment period.
C. Upon termination of a domestic partnership by an employee, the nonemployee
domestic partner health insurance and benefits lapses. If the employee domestic partner leaves
employment with the County, the health and benefit package of the nonemployee domestic partner
shall lapse on the date that the former employee's insurance lapses.
D. Upon termination of a domestic partnership by the death of an employee, the surviving
domestic partner's health insurance and benefits coverage shall lapse as it would for the spouse of a
married employee. upon the death of such employee.
E. Board of County Commissioners employees shall be granted a leave of absence. with
pay. for the death of a domestic partner or family member of a domestic partner to the same extent as
for a spouse or family member of a spouse. Use of the term "in-law" in employee handbooks shall
include the relatives of a domestic partner,
F, Board of County Commissioners employees shall be granted sick leave to care for a
domestic partner to the same extent permitted to care for a spouse. and to care for a dependent of a
domestic partnership to the same extent permitted to care for a child.
G. Board of County Commissioners employees shall be entitled to take parental leave to
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take care of a child born to his/her domestic partner or a newly adopted child to the same extent as a
married person.
14.07, Limitation of Liabilities.
A. Nothing in this ordinance shall be interpreted to contravene the general laws of this State.
B. Nothing contained in this Ordinance shall be construed to impose liability upon a domestic
partner for the health or health expenses of his or her domestic partner.
14,08. Human Resources Director authorized to establish rules. forms.
The Human Resources Director is authorized to establish rules and forms necessary to implement
the provisions of Sections 14.02 - 14.08 but only to the extent such rules and forms are consistent with the
provisions of those sections
14,09. Forms.
A. The Human Resources Director shall distribute copies of the following forms to those
individuals who request them:
(1)
(2)
(3)
(4)
Declaration of Domestic Partnership.
Domestic Partnership Information Sheet.
Amendment to Declaration of Domestic Partnership.
Termination Statement of Domestic Partnership.
Section 2,
The group benefits and plan documents are hereby amended to the extent
needed to implement this domestic partnership resolution.
Section 3.
This resolution is effective on March 1. 1998, Eligible domestic partners have until
March 30. 1998. to enroll in the County insurance and benefit program,
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida. at a
regular meeting of said Board held on the llthclay of February .1998.
Mayor Jack London
. (~ ;' Mayor Pro Tem Wilhelmina Harvey
O~-\V , Commissioner Keith Douglass
;: ~v\' \:ommissioner Shirley Freeman
~ ~~ ' ~ommissioner Mary Kay Reich
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Al.J . I
. T: NNY L. KOLHAGE. CLERK
yes
yes
NO
yes
yes
C0UNTY COMMISSIONERS
.rdZ~~_
Mayor/Chairman
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