(A) The section may be cited as the “The Pembroke Pines Domestic Partnership Act.”
(B) Findings and intent.
(1) The City Commission finds that there are many individuals who establish and maintain a significant personal, emotional and economic relationship with another individual but who choose not to marry. Individuals forming such domestic partnerships often live in a committed family relationship. Domestic partners are often denied public and private sector benefits because there is no established system for such relationships to be registered and/or recognized. In addition, because of the status of their relationship, domestic partners in many cases are not extended certain employment benefits that are otherwise made available to employees who have entered into traditional, state-sanctioned marriages.
(2) The City Commission finds that the provision of domestic partner benefits promotes employee recruitment, employee retention, and employee loyalty.
(3) The provision of this section shall be liberally construed to promote the public health, safety and general welfare of the citizens, residents and employees of the city. This act shall not be construed to supersede any federal, state or city laws or regulations, nor shall this section be interpreted to bring it into conflict with federal, state or city laws. Any rules developed to implement the provisions of this section shall be liberally construed to accomplish the policies and purposes stated in this section.
(C) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY EMPLOYEE.
Currently employed or retired employees of the City of Pembroke Pines, Florida, who are eligible for benefits pursuant to federal, state, or city laws, city administrative rules, or collective bargaining agreements.
DECLARATION OF DOMESTIC PARTNERSHIP.
A declaration prepared by the Department and signed under penalty of perjury, which affirms that the individuals referenced in the declaration meet the requirements of a domestic partnership relationship as described in division (D). The Declaration of Domestic Partnership shall only be valid as it relates to the City of Pembroke Pines employee benefit program.
DEPARTMENT.
The City of Pembroke Pines Human Resources Department.
DEPENDENT.
As used with regard to domestic partnership benefits, pursuant to division (G), means the domestic partner of a city employee.
DEPENDENT OF DOMESTIC PARTNER OR DEPENDENT OF EMPLOYEE.
As used with regard to domestic partnership benefits, pursuant to division (G), means a person who is eligible for coverage under the city's insurance plans.
DOMESTIC PARTNERS.
Only two adults who are parties to a domestic partnership relationship and who meet the requisites for a valid domestic partnership relationship as established pursuant to division (D).
JOINTLY RESPONSIBLE.
Each domestic partner mutually agrees to provide for the other partner's basic food and shelter living expenses while the domestic partnership relationship is in effect, except that partners need not contribute equally or jointly to said basic food and shelter.
MUTUAL RESIDENCE.
A residence shared by the registered domestic partners; it is not necessary that the legal right to possess the place of residence be in both of their names. Two people may share a mutual residence even if one or both have additional places to live. Domestic partners do not cease to share a mutual residence if one leaves the shared place but intends to return.
(D) Registration of a domestic partnership relationship.
(1) A valid domestic partnership relationship may be registered by two persons, one of whom is a city employee by filing a declaration of domestic partnership with the Department, which declaration shall comply with all requirements for establishing such domestic partnership. The director of the Department, or his or her designee, shall file the declaration of domestic partnership and issue a certificate reflecting the registration of the domestic partnership relationship in city.
(2) 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:
(a) Each person is at least 18 years old and legally competent to contract;
(b) Neither person is in a current marriage recognized by the State of Florida nor currently a partner to another domestic partnership or civil union with any individual other than the other person signing the declaration of domestic partnership;
(c) Neither partner is related to the other by blood;
(d) Consent of either person to the domestic partnership relationship has not been obtained by force, duress or fraud;
(e) Each person agrees to be jointly responsible for each other's basic food and shelter;
(f) Each partner considers himself or herself to be a member of the immediate family of the other partner;
(g) The partners reside in a mutual residence;
(h) Each domestic partner agrees to immediately notify the Department, in writing, if the terms of the Declaration of Domestic Partnership are no longer applicable or if one of the domestic partners wishes to terminate the domestic partnership.
(3) Any partner to a domestic partnership may file an amendment to the domestic partnership certificate issued by the city to reflect a change in his or her legal name. All other amendments must be filed by both domestic partners with the same formality as the original declaration, however only one party of the domestic partnership is required to file a termination of the valid domestic partnership.
(E) Termination of registered domestic partnership relationship.
(1) Either partner to a registered domestic partnership relationship may terminate such relationship by filing a notarized declaration of termination of domestic partnership relationship with the Department. The director of the Department shall file the declaration and issue a certificate of termination of domestic partnership relationship to each partner of the former relationship. The termination shall become effective immediately from the date the certificate of termination is issued.
(2) If any partner to a domestic partnership relationship enters into a legal marriage, the domestic partnership relationship shall terminate automatically, and all rights, benefits, and entitlements thereunder shall cease as of the effective date of the marriage. The marrying domestic partner shall file a declaration terminating the domestic partnership relationship within five days after entering into a legal marriage that is recognized by the State of Florida.
(3) The death of either domestic partner shall automatically terminate the domestic partnership relationship. The surviving partner shall continue to be entitled to receive all benefits otherwise provided to a surviving spouse.
(F) Maintenance of records. The Department shall, by administrative rule, prescribe the form of all declarations, amendments, and certificates required to be filed under this section. The Department shall maintain a record of all declarations, amendments, and certificates filed pursuant to this act. The records shall be maintained so that all declarations, amendments, and certificates shall be filed with the registered domestic partnership to which they apply.
(G) City employees; extension of benefits.
(1) Any city employee who is a party to a registered domestic partnership relationship, pursuant to division (D) of this section, shall be entitled to elect insurance coverage for his or her domestic partner or a dependent of such domestic partner on the same basis in which any city employee may elect insurance coverage for his or her spouse or dependents. A city employee's right to elect insurance coverage for his or her domestic partner, or the partner's dependent, shall extend to all forms of insurance provided by the city to the spouses and dependents of city employees, unless such coverage is prohibited by state or federal law. All elections of coverage shall be made in accordance with the requirements of applicable city ordinances, administrative rules, and policies. A city employee must make application for insurance within 30 days of the establishment of a domestic partnership relationship or will have to wait until the open enrollment period, as established by the city. The establishment of a domestic partnership relationship, as provided by the section, shall constitute a "qualifying event" for the purposes of adding dependents to the insurance plan outside of the Open Enrollment Period.
(2) Any city employee who is a party to a registered domestic partnership relationship, pursuant to division (D) of this act, shall be entitled to use all forms of leave provided by the city including, but not limited to, sick leave, annual leave, family illness leave and bereavement leave to care for his or her domestic partner or the dependent of the domestic partner as applicable. The use of leave authorized in this section shall be consistent with the applicable requirements in city ordinances, administrative rules, and city policies.
(3) Unless prohibited by state or federal law, all other benefits available to the spouses and dependents of city employees shall be made available on the same basis to the domestic partner, or dependent of such domestic partner, of a city employee who is a party to a registered domestic partnership relationship pursuant to division (D).
(4) The City Manager is authorized to take all actions necessary to implement the provisions of this section on October 1, 2014.
(H) Notification of family members. In any situation providing for mandatory or permissible notification of family members, including notification of family members in an emergency, or when permission is granted to inmates to contact family members, "notification of family" shall include domestic partners.
(I) Additional regulations.
(1) Nothing in this section shall be interpreted to contravene the general laws of the State of Florida.
(2) Nothing contained in this section shall be construed to impose liability or impose a private cause of action upon a domestic partner for the health or health expenses of his or her domestic partner.
(3) When the term "spouse" or "married" or marriage" is used in other city ordinances and documents, it shall be interpreted to include a registered domestic partner. When the term "family" or "dependent" is used in other city ordinance, it shall be interpreted to include domestic partnerships and dependents of registered domestic partnerships. When the term "divorce" or "legal separation" is used in other city ordinances and documents, it shall be interpreted to mean termination of a registered domestic partnership.
(Ord. 1779, passed 6-18-14)