Item S1
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
April 16, 2003
Division
County Attorney
AGENDA ITEM WORDING
Public hearing on an ordinance to prohibit discrimination on the basis of gender
identity or expression for employment or in housing.
ITEM BACKGROUND
PREVIOUS RELEVANT BOCC ACTION
Adoption of Chapter 13.
CONTRACT/AGREEMENTCHANGES
N/A
STAFF RECOMMENDATIONS
Approval.
TOTAL COST
COST TO COUNTY
BUDGETED Yes No
SOURCE OF FUNDS
APPROVED BY:
County Attorney - OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTORAPPROVA~~
J. R. C UN
DOCUMENTAnON:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
if/
Mayor Dixie Spehar
ORDINANCE NO.
- 2003
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 13-102, 13-103,
13-112, AND 113-115 MONROE COUNTY CODE, TO PROHIBIT
DISCRIMINATION ON THE BASIS OF GENDER IDENTITY OR
EXPRESSION FOR EMPLOYMENT OR IN HOUSING; \PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners finds that prohibiting discrimination
on the basis of gender or identity or expression in the best interest of the health, safety
and welfare of the citizens of Monroe County; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Sec. 13-102, Monroe County Code, is hereby amended by adding the
following definition:
Gender identity or exoression means having, or being perceived as
having, a gender-related self-identity. self-image. apoearance~ expression or
behavior. whether or not such gender-related characteristics differ from those
associated with the person assigned sex at birth.
Section 2. Sec. 13-103(a), Monroe County Code, is hereby amended to read as
follows:
(a) No person shall directly or indirectly discriminate against any individual
in hiring, classification, grading, discharge, discipline, compensation or other
term or condition of employment because of the individual's race, color, sex,
religion, disability, national origin, ancestry, sexual orientation, gender identity
or expression, familial status or age. No employment agency shall directly or
indirectly discriminate against any individual in classification, processing,
referral or recommendation for employment because of the individual's race,
color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or exoression. familial status or age. The prohibitions
contained in this paragraph shall not apply to any of the following:
(1) Use of an individual's unfavorable discharge from military service
as a valid employment criterion where the affected position of
employment involves the exercise of fiduciary responsibilities and the
reasons for the unfavorable discharge related to his or her fiduciary
capacity .
(2) Hiring or selecting between individuals for bona fide occupational
qualifications.
(3) Giving preferential treatment to veterans and their relatives as
required by federal or state law or regulation.
Section 3. Secs. 13-103(d) and (e), Monroe County Code, are hereby amended to
read as follows:
(d) No person shall discriminate against any individual in any aspect of any
credit transaction, or in any terms and conditions of bonding because of the
individual's race, color, sex, religion, disability, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age.
(e) No person who owns, leases, rents, operates, manages or in any
manner controls a public accommodation shall withhold,-deny, curtail, limit or
discriminate concerning the full use of such public accommodation by any
individual because of the individual's race, color, sex, religion, disability,
national origin, ancestry, sexual orientation, gender identity or expression.
familial status or age. The prohibition contained in this section, shall not apply
to any facility, as to discrimination based on sex, which is distinctly private in
nature, such as restrooms, shower rooms, and dressing rooms.
Section 4. Sec. 13-112(e), Monroe County Code, is hereby amended by adding the
following definition:
Discrimination means any difference in treatment based on race, color,
sex, religion, disability, national origin, ancestry, sexual orientation, gender
identity or expression. familial status or age.
Section 5. Secs. 13-115(1), (3), (4), (5), (8), (9), and (10), Monroe County Code,
are hereby amended by adding the following definition:
(1) To refuse to sell, purchase, rent or lease, or otherwise deny to or
withhold any housing accommodation from a person, or to evict a person
because of his race, color, sex, religion, disability, national origin, ancestry,
sexual orientation, gender identity or expression. familial status or age.
(3) To refuse to receive or transmit a bona fide offer to sell, purchase, rent
or lease any housing accommodation from or to a person because of race,
color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or exoression. familial status or age.
(4) To evict or to refuse to negotiate for the sale, purchase, rental or lease
of any housing accommodation to a person because of race, color, sex,
religion, disability, national origin, ancestry, sexual orientation, gender identity
or expression. familial status or age.
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(5) To represent to a person that any housing accommodation is not
available for inspection, sale, purchase, rental or lease when in fact it is so
available, or to refuse to permit a person to inspect any housing
accommodation because of fl.is race, color, sex, religion, disability, national
origin, ancestry, sexual orientation, gender identity or expression, familial
status or age.
(8) To induce or discourage, or to attempt to induce or discourage:
\
a. the sale;
b. the purchase;
c. the rental;
d. the lease;
e. the listing for a, b, or d, above of any housing
accommodations in an area by means of:
1. Causing panic;
2. Inciting unrest; or
3. Creating or playing upon fear, by representing that
the presence or anticipated presence in that area of
persons of any particular race, color, sex, religion,
disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age, will or
may result in:
(i) The lowering of property values in the area;
(ii) The increase in criminal or antisocial behavior
in the area; or
(iii) A decline in the quality of the schools serving
the area.
(9) For any bank, building and loan association, insurance company or
other corporation, association, firm or enterprise whose business consists in
whole or in part in the making of commercial real estate loans, to deny a loan
or other financial assistance to a person applying there for the purpose of
purchasing, constructing, improving, repairing or maintaining a dwelling, or to
discriminate against him in the fixing of the amount, interest rate, duration, or
other terms or conditions of such loans or other financial assistance because of
the race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identitv or expression, familial status or age of such
person or of any person associated with him in connection with such loan or
other financial assistance or the purposes of such loan or other financial
assistance, or of the present or prospective owners, lessees, tenants, or
occupants of the dwelling or dwellings in relation to which such loan or other
financial assistance is to be made or given.
(10) To deny any person who is otherwise professionally qualified by state
law access to, or membership or participation in, any multiple listing service,
real estate broker's organization, or other service, organization or facility
relating to the business of selling or renting dwellings, or to discriminate
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against him in the terms or conditions of such access, membership, or
participation, on account of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression. familial status or
age.
Section 6. 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 7. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 8. The provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 9. This ordinance shall take effect immediately upon receipt of official
notice from the Office of the Secretary of State of the State of Florida that this ordinance
has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of
2003.
Mayor Spehar
Mayor Pro Tem Nelson
Commissioner McCoy
Commissioner Neugent
Commissioner Rice
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
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