Fillable Form 5: C Consent 3 I. County Attorney's (Clerk of the Circuit Court & Comptroller, Palm Beach County)

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Form 5: C Consent 3 I. County Attorney's (Clerk of the Circuit Court & Comptroller, Palm Beach County)

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Agend
a Item
#:
5
C
PAL
M
BEACH COUNTY
BOARD
OF
COUNTY COMMISSIONERS
AGENDA
ITEM SUMMARY
Meeting Date: January
10,
2006
Department:
Submitted
By:
County Attorney's
Office
Submitted For: Administration
[
]
Consent
[
3
Regular
[ ]
Ordinance
[X]
Public Hearing
I.
EXECUTIVE BRIEF
Motion
and
Title:
Staff
recommends motion
to
adopt:
AN
ORDINANCE
OF THE
BOARD
OF
COUNTY COMMISSIONERS
OF
PALM BEACH COUNTY, FLORIDA,
PROVIDING
FOR
FINDINGS
AND
CONSTRUCTION; PROVIDING
FOR
DEFINITIONS;
PROVIDING
FOR A
DOMESTIC PARTNERSHIP REGISTRY; PROVIDING
FOR
REGISTRATION
OF
DOMESTIC PARTNERSHIP RELATIONSHIP; PROVIDING
FOR
TERMINATION
OF
DOMESTIC PARTNERSHIP; PROVIDING
FOR
ADMINISTRATION
OF
THE
REGISTRY; PROVIDING
FOR
RIGHTS
OF
REGISTERED DOMESTIC
PARTNERS;
PROVIDING
FOR
ENFORCEMENT; PROVIDING
FOR
RECIPROCITY;
PROVIDING
FOR
APPLICABILITY; PROVIDING
FOR
REPEAL
OF
LAWS
IN
CONFLICT;
PROVIDING
FOR
SEVERABILITY; PROVIDING
FOR
INCLUSION
IN THE
CODE
OF
LAWS
AND
ORDINANCE;
AND
PROVIDING
FOR AN
EFFECTIVE DATE.
Summary:
On
December 20,2005,
the
Board
of
County Commissioners held preliminary
reading
of
this
ordinance
and
authorized advertising
for
public hearing. This ordinance
would allow domestic partners
to
register with
the
Clerk
and
Comptroller's Office
and
would
grant domestic partners rights
in
health
care
visitation, health care decisions, funeral/burial
decisions, pre-need guardians
and
correctional facility
visitations.
Countywide (TKF)
Background
and
Policy Issues;
On
September
13,
2005,
the
Board
of
County
Commissioners gave staff direction
to
bring forth
a
draft
of a
domestic partnership registry
ordinance.
The
ordinance provides
a
process
for
domestic partners
to
register with
the
Clerk
and
Comptroller's Office,
and
grants certain rights based
on the
registration.
On
October
18,
2005,
the
Board
of
County Commissioners implemented Domestic Partner
benefits
for
County employees.
As
part
of the
agenda item presented
to the
Board
of
County Commissioners
on
October 18
th
,
staff
indicated that
in
order
to be
eligible
for
domestic partner benefits
in the
future, employees would need
to
register
as
domestic
partners
if a
domestic partnership registry
was
adopted.
The
proposed ordinance contains
the
protections against fraud such
as
requiring certain documentation requested
by the
Board
of
County Commissioners.
The
Board
of
County Commissioners directed staff
to
seek input from
the
League
of
Cities,
Economic Council, Business Development Board, Clerk
&
Comptroller
and
Sheriff's Office,
Staff
has
incorporated
the
changes suggested
by the
Clerk
&
Comptroller's Office,
and no
other comments were received. Staff also presented this
item
to the
Fair Housing/Equal
Employment Board,
and
that board unanimously requested
an
acknowledgment
of the
tireless efforts
of
Norman Aaron, former President
of the
Palm Beach County Human
Rights Council
and
former Vice-Chairman
of the
Fair Housing/Equal Employment Board
be
incorporated into
the
ordinance.
Attachments:
1
Proposed Ordinance
Approved
By:
County
Attorney
Date
II
.
FISCAL IMPACT ANALYSIS
A.
Five Year Summary
of
Fiscal Impact:
Fiscal Years 2006 2007 2008 2009 2010
Capita]
Expenditures
Operating Costs
External Revenues
Program Income (County)
In-Kind Match (County)
NET
FISCAL IMPACT
#
ADDITIONAL
FTE
POSITIONS
(Cumulative
Is
Item Included
In
Current Budget?
Yes No
Budget
Account No.; Fund Dept Unit Object
Program
B.
Recommended Sources
of
Funds/Summary
of
Fiscal Impact:
C.
Departmental
Fiscal Review:
III. REVIEW COMMENTS
A.
OFMB Budget and/or Contract Dev.
and
Control Comments:
OFMB/Budget Contract Development
and
Control
B.
Legal
Sufficiency:
Assistant County Attorney
C.
Other Department Review:
Department
Director
This summary
is not to be
used
as a
basis
for
payment
G:\WPDATA\ENG\TKF\Risk Management\Domestic-Partrtership-Agenda-ltem-Sum-01
A
0-06.wpd
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ORDINANCE
NO.
2006-002
AN
ORDINANCE
OF THE
BOARD
OF
COUNTY
COMMISSIONERS
OF
PALM BEACH COUNTY, FLORIDA,
PROVIDING
FOR
FINDINGS
AND
CONSTRUCTION;
PROVIDING
FOR
DEFINITIONS; PROVIDING
FOR A
DOMESTIC
PARTNERSHIP REGISTRY; PROVIDING
FOR
REGISTRATION
OF
DOMESTIC PARTNERSHIP
RELATIONSHIP;
PROVIDING
FOR
TERMINATION
OF
DOMESTIC PARTNERSHIP; PROVIDING
FOR
ADMINISTRATION
OF THE
REGISTRY; PROVIDING
FOR
RIGHTS
OF
REGISTERED DOMESTIC PARTNERS;
PROVIDING
FOR
ENFORCEMENT; PROVIDING
FOR
RECIPROCITY; PROVIDING
FOR
APPLICABILITY;
PROVIDING
FOR
REPEAL
OF
LAWS
IN
CONFLICT;
PROVIDING
FOR
SEVERABILITY; PROVIDING
FOR
INCLUSION
IN THE
CODE
OF
LAWS
AND
ORDINANCE;
AND
PROVIDING
FOR AN
EFFECTIVE DATE.
WHEREAS,
it is the
best interest
of
Palm Beach County
to be
responsive
to the
changing needs
of
society
and to
treat
all
persons fairly
and
equitably;
and
WHEREAS,
Palm Beach County recognizes that long-term committed relationships
foster economic stability
and
emotional
and
psychological bonds;
and
WHEREAS,
the
Board
of
County Commissioners
of
Palm Beach County have
determined
that
the
establishment
of a
Domestic Partnership Registry
will
serve
the
needs
of
the
many residents
of
Palm Beach County
living
in
committed Domestic Partnerships.
WHEREAS,
the
Palm Beach County Fair Housing/Equal Employment Board
and
the
Board
of
County Commissioners wish
to
memorialize
the
efforts
of
Norman Aaron,
former Vice-Chairman
of the
Fair Housing/Equal Employment Board
and
former President
of
the
Palm Beach County Human Rights Council,
by
acknowledging
him in
this
Ordinance.
NOW,
THEREFORE,
BE IT
ORDAINED
BY THE
BOARD
OF
COUNTY
COMMISSIONERS
OF
PALM
BEACH COUNTY, FLORIDA,
that:
SECTION
1:
(A)
The
Board
of
County Commissioners
of
Palm Beach County, Florida
finds
that
there
are
many
individuals
who
establish
and
maintain
a
significant personal, emotional
and
economic relationship with another
individual.
Individuals forming such Domestic
Partnerships often
live
in a
committed relationship. Domestic Partners
are
often denied
certain benefits
and
rights because there
is no
established system
for
such
relationships
to be
registered
or
recognized.
(B) The
provisions
of
this Ordinance
shall
be
liberally
construed
to
promote
the
public
safety, health
and
general welfare
of the
residents
of
Palm Beach County
and to
further
the
general policies
and
purposes stated herein. However, this Ordinance
shall
not
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be
construed
to
supercede, alter,
affect
or
contravene
any
federal, state
or
County laws
or
regulations. Nothing
in
this Ordinance shall
be
construed
as
recognizing
or
treating
a
i
Registered Domestic Partnership
as a
marriage,
SECTION
2.
DEFINITIONS:
"Domestic
relationship"
means
a
familial
relationship, intended
to be of
indefinite
duration, between
two
individuals characterized
by
mutual caring
and the
sharing
of a
mutual residence.
"Competent
to
contract"means
the two
partners
are
mentally competent
to
contract.
"Declaration
of
Domestic
Partnership"
means
a
sworn declaration under penalty
of
perjury,
which certifies that said individuals meet
the
requirements
of a
Registered
Domestic Partnership
as
provided
in
Section
4 of
this Ordinance..
"Dependent"
means
a
person
who
resides within
the
household
of a
Registered
Domestic Partnership
and is:
1.
a
biological, adopted
or
foster child
of a
Registered Domestic Partner;
or
2.
a
dependent
as
defined under
IRS
regulations;
or
3.
a
ward
of a
Registered Domestic Partnership
as
determined
in a
guardianship
or
other legal proceeding.
"Domestic
Partners"
means
two
adults
who are
parties
to a
valid domestic
relationship
and who
meet
the
requisites
for a
valid Domestic Partnership relationship
as
established pursuant
to
Section
4 of
this Ordinance.
"Health
Care
Facility"
includes,
but is not
limited
to,
hospitals, convalescent
facilities,
nursing homes, walk-in clinics, doctor's offices, mental health care
facilities
and
other short
and
long-term facilities located within,
or
under
the
jurisdiction
of
Palm Beach
County.
"Jointly
Responsible"
means
each Domestic Partner, mutually agrees
to
provide
for
the
other partner's basic food, shelter
and
common necessities
of
life
while
the
Domestic
Partnership relationship
is in
effect,
but
does
not
require that partners contribute equally
to
said basic food, shelter
and
common necessities
of
life,
"Mutual
residence"
means
that
the
Domestic Partners share
the
same residence,
and
contribute
to the
cost
of
maintaining such residence.
It is not
necessary that
the
legal
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right to
possess
the
place
of
residence
be in
both names. Domestic Partners
are not
prohibited
from owning
or
renting more than
one
residence. Temporary relocation
of one
Domestic
Partner
for
work, education
or
military service, does
not
negate
the
maintenance
of
a
mutual residence provided
the
Domestic Partner intends
to
return.
"Registered
Domestic
Partnership"
means
a
committed relationship between
two
persons
who
consider themselves
to be a
member
of
each other's immediate family
and
have
registered their partnership
in
accordance with Section
4 of
this Ordinance.
SECTION
3.
ESTABLISHMENT
OF
DOMESTIC PARTNERSHIP REGISTRY:
There
is
hereby created
in
Palm Beach County, Florida
a
Domestic Partnership
Registry,
which shall
be
maintained
by the
Clerk
and
Comptroller's Office.
SECTION
4.
REGISTRATION
OF A
DOMESTIC PARTNERSHIP RELATIONSHIP:
(A)
Registration:
A
valid Domestic Partnership
may be
registered
by two
persons,
who
maintain
a
residence
in
Palm Beach County,
by
recording
a
Declaration
of
Domestic
Partnership
with
the
Clerk
and
Comptroller's Office, which declaration shall comply
with
all
requirements
for
establishing such Domestic Partnership
as
described herein. Upon
payment
of any
required fees,
the
Clerk
and
Comptroller's office
shall
file
the
Declaration
of
Domestic Partnership
and
issue
a
certificate reflecting
the
registration
of the
Domestic
Partnership
relationship
in
Palm Beach County.
(B)
Declaration:
A
Declaration
of
Domestic Partnership shall contain
the
name
and
address
of
each Domestic Partner,
the
signature
of
each partner,
and
each partner shall
swear
or
affirm under penalty
of
perjury
that each partner:
(1)
Is at
least eighteen (18)
years
old and
competent
to
contract;
(2)
Is not
married;
(3) Is the
sole Domestic Partner
of the
other person;
(4)
Is not
related
by
blood;
(5)
Consents
to the
Domestic Partnership relationship without force, duress
or
fraud;
(6)
Agrees
to be
jointly responsible
for
each others basic food, shelter,
common necessities
of
life
and
welfare;
(7)
Has not
been
a
member
of
another Domestic Partnership
for the
past
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year;
(8)
Shares
his or her
primary residence with
the
other;
(9)
Considers himself
or
herself
to be a
member
of the
immediate
family
of
the
other partner.
(C)
Documentation:
As
further evidence
of a
Domestic Partnership,
the
following
documents must
be
presented
for
review along with
the
Declaration
of
Domestic
Partnership;
(1)
To
establish mutual residence:
At
least
one (1) of the
following: current
copy
of
mortgage, lease
or
deed showing both names
or
copies
of
current driver's licenses,
passports,
tax
returns,
or
other government issued photograph identification showing
the
same
address
for
both partners;
and
(2)
To
establish joint financial responsibility:
At
least
two (2) of the
following:
current copy
of
mortgage document, lease
or
deed showing both names, copy
of
statement
from joint bank account, credit cards with
the
same account number
for
both partners,
vehicle
title
showing common ownership,
a
beneficiary designation form
for a
retirement
plan
or
life insurance policy signed
and
completed
to the
effect that
one
Domestic Partner
is the
beneficiary
of the
other, wills which designate
the
other
as
primary beneficiary.
(D)
Amendment:
Any
partner
to a
Domestic Partnership
may
file
an
amendment
to the
Domestic Partnership certificate issued
by the
Clerk
and
Comptroller
to
reflect
a
change
in his or her
legal name.
SECTION
5.
TERMINATION
OF
DOMESTIC PARTNERSHIP:
(A)
Obligation
to
notify clerk
and
comptroller:
By
recording
a
Declaration
of
Domestic Partnership, each partner agrees
to
immediately notify
the
Clerk
and
Comptroller's Office,
by
filing
a
Declaration
of
Termination
of
Domestic Partnership,
if the
terms
of the
Registered Domestic Partnership
are no
longer
applicable
or one of the
Domestic Partners wishes
to
terminate
the
Domestic Partnership,
(B)
Declaration
of
Termination. Either Registered Domestic Partner
may
terminate
a
Registered Domestic Partnership
by
recording
a
Declaration
of
Termination with
the
Clerk
and
Comptroller.
The
person
filing
the
Declaration
of
Termination shall swear
and
affirm,
under penalty
of
perjury,
that:
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(1)
The
Registered Domestic Partnership
is to be
terminated;
and
(2)
If the
Declaration
of
Termination
is not
signed
by
both Registered
Domestic Partners, then proof
of
service (copy
of
declaration
and
certified
or
registered
mail receipt) shall
be
required
at the
time
of
recording
the
termination with
the
Clerk
and
Comptroller's Office.
(C) Effective date of termination. The termination shall become effective on the
date
of
recording
of the
Declaration
of
Termination signed
by
both Registered Domestic
Partners,
or, if the
Declaration
of
Termination
is not
signed
by
both partners,
on the
date
proof
of
service
is
filed with
the
Clerk
and
Comptroller's Office.
(D
)
Automatic termination.
A
Registered Domestic Partnership shall automatically
terminate
in the
event that
one of the
Domestic Partners dies, marries, enters into
a
civil
union
or
registered Domestic Partnership with someone other than
his or her
Registered
Domestic Partner,
SECTION
6.
ADMINISTRATION
OF
REGISTRY:
(A) The
Clerk
and
Comptroller shall collect
a fee for
recording
and
administering
the
Declarations
of
Domestic Partnership
in the
amount
of
$50.00,
The
cost
of
recording
an
amendment
or a
Declaration
of
Termination
of
Domestic Partnership
shall
be
$20.00.
The
fees
may be
adjusted
as
necessary
by
resolution
of the
Board
of
County Commissioners,
(B)
The
Clerk
and
Comptroller shall collect
a fee in the
amount
the
Clerk
and
Comptroller
has
established pursuant
to
State public records
law for
certified copies
of the
Domestic Partnership documents, other than
the
original
certificate
of
Domestic
Partnership
initially
issued
by the
Clerk
and
Comptroller
to the
Domestic Partnership,
(C)
The
Clerk
and
Comptroller shall keep
a
computer record
of all
Declarations
of
Domestic Partnership, amendments
and
Declarations
of
Terminations
of
Domestic
Partnership.
(D)
The
Clerk
and
Comptroller shall identify
on the
Declaration
of
Domestic
Partnership what types
of
documents were presented
for
further documentation.
It
shall
not be
necessary
for a
copy
of
such documents
to be
kept
on
file.
(E)
Upon receipt
of a
Declaration
of
Domestic Partnership signed
by
both Domestic
Partners
and the
requisite recording fee,
the
Cierk
and
Comptroller shall issue
a
certificate
of
Domestic Partnership.
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(F)
The
Clerk
and
Comptroller shall provide pertinent Domestic Partnership forms
to
persons requesting them.
SECTION
7.
RIGHTS
OF
REGISTERED DOMESTIC PARTNERSHIP:
To the extent not superseded by federal, state or County laws or ordinances,
Registered Domestic Partners shall
have
the
following rights:
(A
)
Health Care Visitation.
All
Health Care Facilities operating
within
Palm Beach
County shall allow
a
Registered Domestic Partner
the
same visitation
rights as a
spouse
of
the
patient.
If the
patient
is a
dependent
of the
Registered Domestic Partnership,
ail
Health Care
Facilities
operating within Palm Beach County shall allow
a
Registered
Domestic Partner
the
same visitation rights
as a
parent
if the
patient
is a
dependent
of a
Registered Domestic Partner.
A
dependent
of a
Registered Domestic Partner shall have
the
same visitation
rights as a
patient's child.
(B)
Health Care Decisions.
If a
patient
lacks
the
capacity
to
make
a
health care
decision,
the
patient's Registered Domestic Partner shall have
the
same authority
as a
spouse
to
make
a
health care decision
for the
incapacitated
party
to the
extent allowed
by
Section
765.401»
Florida Statutes. This section pertains
to
decisions concerning both
physical
and
mental health,
(C)
Funeral/Burial Decisions, Following
the
death
of a
Registered Domestic Partner,
the
surviving Domestic Partner shall have
the
same
rights to
make decisions
and
disposition
of the
decedent's
body
as a
surviving spouse, unless otherwise provided
by
law.
The
surviving Domestic Partner shall retain these rights notwithstanding
the
automatic
termination provision
of
Section
5 .
(D)
Notification
of
Family Members.
In any
situation providing
for
mandatory
or
permissible notification
of
family members, including,
but not
limited
to,
notification
of
family
members
in an
emergency,
or
when permission
is
granted
to
inmates
to
contact family
members such notification shall include Registered Domestic Partners.
(E)
Pre-need Guardian Designation.
Any
person
who is
registered
as a
Registered
Domestic Partner pursuant
to
this Ordinance shall have
the
same
right as any
other
individual
to be
designated
as a
pre-need guardian pursuant
to
Section 744.3045, Florida
Statutes,
and to
serve
in
such capacity, unless otherwise provided
by
law.
In the
event
one
Registered Domestic Partner becomes incapacitated
and has not
executed
a
valid pre-
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need guardian designation,
the
other Registered Domestic Partner shall
not be
denied
serving
as the
plenary guardian
of his or her
Domestic Partner
or the
partner's property,
under
the
provisions
of
Chapter 744, Florida Statutes, based solely upon
his or her
status
as
the
Domestic Partner
of the
incapacitated partner,
(R
Visitation Rights
at
County Correctional
and
Juvenile Detention Facilities.
Any
person
who is a
party
to a
Registered Domestic Partnership, pursuant
to
this Ordinance,
shall
be
entitled
to
visit
his or her
Domestic Partner,
or
other family member
of the
Domestic Partner,
who is an
inmate
at a
County correctional facility
or
juvenile detention
facility, upon
the
same terms
and
conditions under which visitation
is
afforded
to
spouses,
children
or
parents
of
inmates. Visitation rights provided
by
this Ordinance
shall
extend
to
any
children
of the
Domestic Partners,
and the
Domestic Partners
of an
inmate's parents
or
children.
SECTION
8.
ENFORCEMENT:
A
Registered Domestic Partner
may
enforce
the
rights conferred herein
by
filing
a
private
action against
a
person
or
entity
in any
Court
of
competent jurisdiction
for
declaratory
relief,
injunction
relief
or
both.
SECTION
9.
RECIPROCITY:
All
rights, privileges
and
benefits extended
to
Registered Domestic Partnerships
registered pursuant
to
this Ordinance shall
also
be
extended
to all
persons legally
partnered
in
another jurisdiction.
SECTION
10.
APPLICABILITY:
It
is
hereby provided that this Ordinance shall
constitute
a
uniform
law
applicable
in
all the
unincorporated
and
incorporated areas
of
Palm Beach County, Florida,
to the
extent
permitted
by the
Florida
Constitution, Article
VIII,
Section
I.
SECTION
11.
REPEAL
OF
LAWS
IN
CONFLICT:
All
local laws
and
ordinances
in
conflict with
any
provisions
of
this
Ordinance
are
hereby repealed
to the
extent
of
such conflict.
This
provision
is not
intended
to
repeal
or
otherwise effect
in any way an
ordinance
of any
municipality
in
Palm Beach County
creating
a
Domestic Partnership Registry within
the
municipality.
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SECTION
12.
SEVERABILITY:
If any
section, paragraph, sentence, clause, phrase,
or
word
of
this Ordinance
is for
any
reason held
by the
Court
to be
unconstitutional, inoperative,
or
void, such
holding
shall
not
affect
the
remainder
of
this
Ordinance.
SECTION
13.
INCLUSION
IN THE
CODE
OF
LAWS
AND
ORDINANCES:
The
provisions
of
this
Ordinance shall become
and be
made
a
part
of the
Code
of
Laws
and
Ordinances
of
Palm Beach County, Florida.
The
sections
of
this Ordinance
may
be
renumbered
or
relettered
to
accomplish such,
and the
word "ordinance"
may be
changed
to
"section",
"article",
or
other appropriate word.
SECTION
14.
EFFECTIVE DATE:
The
provisions
of
this Ordinance shall become effective upon
filing
with
the
Department
of
State.
APPROVED
and
ADOPTED
by the
Board
of
County Commissioners
of
Palm Beach
County, Florida, on this the
10th
day of
January
, 2006.
SHARO
N
R.
BOCK,
CLERK
&
COMPTROLLER
PALM
BEACH COUNTY
PALM BEACH COUNTY, FLORIDA,
BY ITS
BOARD
OF
COUNTY COMMISSIONERS
By:
By:
Deputy
Clerk
Tony
Masilotti, Chairman
APPROVED
AS TO
FORM
AND
LEGAL
SUFFICIENCY
By:
County
Attorney
EFFECTIVE DATE: Filed with
the
Department
of
State
on the day of ,
2006.
G:\WPDATA\ENGVTKF\Rrsk
Management\Domestic-Partfiership-Registry-Ordinance.-01-10-2006.wpd
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Form 5: C Consent 3 I. County Attorney's (Clerk of the Circuit Court & Comptroller, Palm Beach County)

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Completed 5 July 2021

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