8329-12ORQINANCE NO. 8329-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ADOPTING CITY OF CLEARWATER CODE OF ORDINANCES,
CHAPTER 13, "DOMESTIG PARTNERSHIP REGISTRY"; CREATING
SECTIONS 13.1 THROUGH 13.7; PROVIDING FOR REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Clearwater City Council finds that a number of Clearwater
residents establish and maintain important personal, emotional, and economic
relationships with persons to whom they are not married under Florida law. Individuals
forming such domestic partnerships often live in a committed family relationship.
Domestic partners and their dependants may be denied certain rights for lack of a
system that establishes recognition of such partnerships; and
WHEREAS, the 2010 census indicates that nearly 6% of American households
identified themselves as living in unmarried partner households, an increase over the
2000 census numbers. The 2010 Census data indicates that in Clearwater more than
7% of households are unmarried partner households.
WHEREAS, the Clearwater City Council finds that the existence of a Domestic
Partnership Registry is attractive to companies that value diversity and can assist the
City of Clearwater in its economic development by attracting companies to locate and
make capital investments in the City, and will promote the City's reputation as a
growing, vibrant and diverse community; and
WHEREAS, the rules developed to implement the provisions of this ordinance
shall be construed to accomplish the policies and purposes of the ordinance.
However, this ordinance shall not be construed to supersede any federal, state, or
other city laws or regulations, nor shall this ordinance be interpreted in a manner as to
bring it into conflict with federal, state, or other city laws. Nothing in this ordinance
shall be construed as recognizing or treating a domestic partnership as a marriage,
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That "Chapter 13" is created as follows:
"CHAPTER 13. DOMESTIC PARTNERSHIP REGISTRY"
Section 2. That "Sec. 13.1. Definitions." is created as follows:
"Section 13.1. Definitions.
For purposes of this Article:
(a1 Affidavit of Domestic Partnership means a sworn form under penalty of pe�ury,,
which certifies that finro (2) Domestic Partners meet the registration
reauirements as described in Section 13.2.
(b) Citv Clerk means the City Clerk of the City of Clearwater or such other person
or office approved by the City Council to administer the Domestic Partnershi�
reqistr�
(c) Deaendent is a person who resides within the household of a reqistered
domestic partnershiq and is:
�1) A bioloqical, adopted or foster child of a reqistered Domestic Partner; or
(2) A dependent as defined under IRS requlations; or
(3) A ward of a registered Domestic Partner as determined in a guardianship or
other legal proceeding,
(d) Domestic Partners means only two adults who are parties to a domestic
partnership and who meet the requisites for a domestic partnership as
established pursuant to Section 13.2.
(e) Health care facilitv includes, but is not limited to, hospitals, nursing homes,
hospice care facilities, convalescent facilities, walk-in clinics, doctor's offices,
mental health care facilities and any other short-term or long-term health care
facilities located within the City of Clearwater.
(fl Jointiv responsible means each Domestic Partner mutually agrees to provide
for the other partner's basic needs while the domestic partnership is in effect,
except that partners need not contribute equally or jointly to said basic needs
such as food and shelter.
(q) Mutual residence means a residence shared by the Reqistered Domestic
Partners; it is not necessary that the lepal riqht to possess the place of
residence be in both names. Two people may share a mutual residence even if
one or both have additional places to live. Registered Domestic Partners do not
cease to share a mutual residence if one leaves the shared place but intends to
return."
Section 3. That "Section 132. Registration of Domestic Partnerships." is
created as follows:
"Section 13.2. Reqistration of Domestic Partnerships.
�a) A domestic partnership mav be registered by any two (2) persons by filinq an
affidavit of domestic partnership with the City which affidavit shall comply with
all requirements set forth in this Chapter for establishing such domestic
partnership. Upon payment of any required fees, the City Clerk shall file the
affidavit of domestic partnership and issue a certificate reflectinq the registration
of the domestic partnership in the City. The Clerk must maintain or arranqe for
maintenance of an online searchable database of the domestic partnerships
which have been registered with the Citv.
(b) An affidavit of domestic partnership shall contain the name and address of each
domestic qartner, the siqnature of each partner, the siqnatures of finro witnesses
for each partner signature, and each partner shall swear or affirm under penaltv
of perjury that:
(1) Each person is at least eic�hteen (18) years old and competent to
contract;
(2) Neither person is currently married under Florida law or is a partner in a
domestic partnership or a member of civil union with anyone other than the co-
applicant;
(3�y are not related by blood as defined in Florida law:
(4) Each person considers himself or herself to be a member of the
immediate family of the other partner and to be jointly responsible for
maintaininq and supportin_ tq he registered domestic partnership;
(5�partners reside topether in a mutual residence;
�6) Each person agrees to immediately notify the Citv Clerk, in writinq, if the
terms of the Reqistered Domestic Partnership are no longer applicable or one
of the domestic partners wishes to terminate the domestic partnership; and
(7) Each person expressly declares their desire and intent to desiqnate their
domestic partner as their healthcare surrogate and as their agent to direct the
disposition of their body for funeral and burial.
(c Anv partner to a domestic partnership may file an amendment to the domestic
partnership certificate issued bv the City Clerk to reflect a change in his or her
legal name or address. Amendments shall be signed by both members of the
reqistered domestic partnership under oath."
Section 4. That "Section 13.3. Termination of Registered Domestic
Partnership" is created as follows:
"Section 13.3. Termination of Reqistered Domestic Partnership.
(a) Either partner to a registered domestic partnership may terminate such
reqistration by filinq a notarized affidavit of termination of domestic partnership
reqistration with the City Clerk. Upan the payment of the required fee, the City
Clerk shall file the affidavit and issue a certificate of termination of the domestic
partnership to each partner of the former partnership. The termination shall
become effective ten (10) davs from the date the certificate of termination is
issued.
(b) A reqistered domestic partnership will automatically terminate upon notice to
the City Clerk of the followinq events:
(1) One (or both) of the domestic partners marries in Florida;
�2) One of the domestic partners dies (provided however, the provisions
relatinq to funeral and burial decisions shall survive): or ,
(3) One of the domestic partners reqisters with another partner.
The marr�ring survivinq or re-reqistering domestic partner(s) shall file an
affidavit terminating the domestic �artnership within ten (10) days of one of the
occurrences listed in (b)(1)-(3 above."
Section 5. That "Section 13.4. Maintenance of Records; Filing Fees." is
created as follows:
"Section 13.4. Maintenance of Records; Filinq Fees.
�a) The City Clerk shall prepare the form of all affidavits amendments, and
certificates required to be filed under this ordinance. The Citv Clerk shall
maintain a record of all affidavits amendments, and certificates filed pursuant to
this ordinance.
�b) The City Clerk is authorized to establish fees for the filinq of anv affidavits,
amendments and the issuance of any certificates required bv this ordinance,
subject to the approval by Resolution of the Clearwater Citv Council. Anv fees
established under this section shall be reasonable and commensurate with the
actual costs of administerinqthe provisions of this ordinance.
�c) The Citv Clerk is authorized and directed to take all actions necessarv to
implement the �rovisions of this section within ninetv (90) davs after this
ordinance is enacted.
(d) If Pinellas County Florida establishes a domestic partnership reqistrv law that is
substantially similar to the City of Clearwater's Domestic Partnership reqistrv
code provisions the Cit�r Clerk shall collaborate with Pinellas Countv to
determine whether a joint reqistration svstem will most efficientiv serve our
citizens. The City Clerk will brinq any recommendations for joint administration
to City Council for its consideration. If such a joint reqistry is established, the
references herein to the City Clerk shall then mean the filinq officer for the joint
registry approved by City Council and Pinellas Countv."
Section 6. That "Section 13.5. Rights and Legal Effect of Registered
Domestic Partnership." is created as follows:
"Section 13.5. Riphts and Legal Effect of Reqistered Domestic Partnership.
To the extent not superseded by federal, state, or other city law or ordinance, or
contrary to riqhts conferred by contract or separate leqal instrument, Reqistered
Domestic Partners shall have the followinq riqhts:
(a) Health Care Facilitv Visitation. All health care facilities operating within the City
shall honor the Registered Domestic Partnership documentation issued
pursuant to this code as evidence of the partnership and shall allow a
Reqistered Domestic Partner visitation as provided under federal law. A
Dependent of a Reqistered Domestic Partner shall have the same visitation
riqhts as a patient's child.
�b) Health Care Decisions. This section pertains to decisions concerninq both
physical and mental health. Registry as a domestic partner shall be considered
to be written direction by each partner desiqnatina the other to make health
care decisions for their incapacitated partner, and shall authorize each partner
to act as the other's healthcare surrogate as provided in Chapter 765, Florida
Statutes, and otherwise as provided by federal law. Further, no person
designated as a health care surrogate shall be denied or otherwise defeated in
serving as a health care surroqate based solely upon his or her status as the
domestic partner of the partner on whose behalf health care decisions are to be
made. AnYstatutory form, includinq but not limited to, a living will or health care
surrogate desiqnation in the form prescribed by Chapter 765, Florida Statutes,
that is properly executed after the date of reqistration which contains conflictinct
desiqnations shall control over the desiqnations by virtue of the reqistration.
�c) Funeral/Burial Decisions. Registry as a domestic partner shall be considered to
be written direction by the decedent of his or her intention to have his or her
domestic partner direct the disposition of the decedent's body for funeral and
burial purposes as provided in Chapter 497, Florida Statutes, unless the
decedent provides conflicting, written inter vivos authorization and directions
that are dated after the date of the reqistration, in which case the later dated
authorization and directions shall control.
�d) Notification of Familv Members. In anv situation providinct for mandatorv or
permissible notification of family members, includinq but not limited to
notification of family members in an emerqency, "notification of family" shall
include reqistered Domestic Partners.
(e) Pre-need auardian desianation. A person who is a party to a reqistered
Domestic Partnership, pursuant to Section 13.2 above, shall have the same
riqht as any other individual to be desiqnated as a preneed auardian pursuant
to Chapter 744, Florida Statutes and to serve in such capacity in the event of
his or her pomestic Partner's incaQacity. A Domestic Partner shall not be
denied or otherwise be defeated in servinq as the plenary_,quardian of his or her
Domestic Partner or the partner's propertv under the provisions of Chapter 744,
Florida Statutes, to the extent that the incapacitated partner has not executed a
valid preneed quardian desic�nation, based solely upon his or her status as the
Domestic Partner of the incapacitated partner.
(fl Participation in Education. To the extent allowed by federal and state law, and
in a manner consistent with any applicable court orders or valid aqreements or
contracts, a reqistered Domestic Partner shall have the same riqhts to
,participate in the education of a dependent of their registered Domestic
Partnership as a biological parent to participate in the education of their child, in
all educational facilities located within or under the iurisdiction of the Citv.
However if a bioloqical parent of a minor dependent, whose parental riqhts
have not been terminated, objects to the participation of a non-bioloaical
reqistered Domestic Partner in education conferences or other dissemination of
educational information only the participation of the bioloqical parents shall be
allowed."
Section 7. That "Section 13.6. Limited Effect." is created as follows:
"Section 13.6. Limited Effect.
(a) Nothinq in this article shall be interpreted to alter, affect, or contravene city,
county state or federal law or to impair any court order or contractual
aqreement.
�b) Nothinq in this article shall be construed as recognizinq or treatinq a reqistered
Domestic Partnership as a marriaqe."
Section 8. That "Section 13.7. Enforcement." is created as follows:
"Section 13.7. Enforcement.
A reqistered Domestic Partner may enforce the riqhts under Section 13.5 bv
filinc,� a private judicial action aqainst a person or entity in anv court of competent
jurisdiction for declaratory relief, iniunctive relief, or both."
Section 9. That should a court of competent jurisdiction declare any part of
this Ordinance invalid the remaining parts hereof shall not, in any way, be affected by
such determination as to the invalid part.
Section 10. That all ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of any conflict.
Section 11. That this ordinance shall take effect immediately upon becoming
law.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
,
.
�
Pamela K. A in
City Attorney
7
May 17, 2012
June 7, 2012
— G�,P� �� t�1 C�^t � kOf
George N. Cretekos
Mayor
Attest:
City Clerk