Presentation on theme: "Sarasota City Commission Scheduled Presentation May 21, 2012 Ken Shelin and Grace Carlson."— Presentation transcript:
Sarasota City Commission Scheduled Presentation May 21, 2012 Ken Shelin and Grace Carlson
What is a domestic partnership? A legal or personal relationship between two individuals who live together in a mutual residence and share a common domestic life, providing for each other’s basic needs, but are neither joined by marriage nor a civil union. In existence in the US since 1984 and since 1998 in Florida cities and counties.
What is a Domestic Partnership Registry? A local procedure created by legislation that documents the relationship of two unmarried persons who are co-habitating partners. Used to establish that a family relationship exists and to receive important family benefits currently limited to married persons Created because legal documents that attempt to contractually approximate those benefits/rights are often ineffectual and disregarded.
Community Justification To promote employee recruitment, retention and loyalty To be attractive to companies that value diversity Assist in economic development Promote City’s reputation as a growing, vibrant and diverse community
Relevant Data US 2010 census data indicates that there are now at least 6.8 million households (over 12% of Americans) maintained by domestic partners nationally – a 25% increase over 2000 In the City of Tampa, census data documents that there are over 9000 such households Since Orlando’s DPR went into effect 1/12/2012 and 4/20/2012, 391 couples have been registered as domestic partners
Florida Appellate Court Decision Lowe v. Broward County Broward DPR not preempted by state law Does not legislate within domestic relations zone reserved for the state Does not address rights exclusive to traditional marriage relationship Is not a legislative judgment that a non-traditional personal relationship equates to marital relationship under Florida law Does not intrude into matter inherently reserved for state alone Does not conflict with state law
Florida Supreme Court Advisory Opinion to AG re: Florida Marriage Protection Amendment Held that anti-gay marriage amendment to Florida’s Constitution simply prohibited same sex marriage (741.212) and would not impact domestic partnerships Even supporters of the amendment said it would have no effect on domestic partnerships and that the 6-8 rights contained in DPR legislation could never be construed to be the substantial equivalent of the hugh number of rights conferred in marriage.
Florida Cities and Counties with DPR Ordinances Broward County – 25 couples Gainesville – 131 couples Key West – 130 couples Miami Beach – 384 couples Miami-Dade County – 1,093 couples Also Orlando, St. Petersburg, South Beach, Tampa, West Palm Beach, Palm Beach County and pending in Clearwater, Gulfport and Volusia County
Provisions of Ordinance Requires affidavit documenting; Partnership includes only two adults at least eighteen years old and competent to create a contract Neither person is married under Florida law or is a partner in another domestic partnership or civil union with anyone other than the co-applicant Partners are not related by blood Gender neutral - available to same sex and opposite sex couples Each person considers themselves to be a member of the immediate family of the other partner Each person declares their domestic partner as their healthcare surrogate and as their agent to direct the disposition of their body for funeral and burial Either partner can change their legal name Partnership can be terminated in writing to City Clerk
Rights Conferred by the DPR Certificate Health Care Facility Visitation Health Care Decisions Funeral/burial Decisions Correctional Facility Visitation Rights Emergency notification of Family Members Preneed Guardian Designation Participation in Education of a Dependent Rights conferred are not construed as recognizing the domestic partnership as a marriage
COST Example -1/12/2012 to 4/19/2012* Orlando – no budget line item - $30 per couple to register Revenue $11,730 - $3,910 paid to Orange County for recording Laminating Machine - $82.02 Registration Certificate costs registrants $30-50 Laminating Pouches - $9.16/pack (100 pouches to pack) Blank card stock business cards - $5.14/pack (350/pack) Fine parchment paper (for certificates) - $10.13/box Gold embossed seals - $.33/seal – same as used on proclamations Staffing - a Notary who reviews affidavit and witnesses and a second witness * Dolores Meyer, Orlando Ass’t City Clerk, 4/20/2012
Our Request Commission instruct City Attorney to draft a domestic partnership registry ordinance and set for public hearing Kcs – 4/28/2012