A domestic partnership registry for sarasota

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A domestic partnership registry for sarasota. Sarasota City Commission Scheduled Presentation May 21, 2012 Ken Shelin and Grace Carlson. What is a domestic partnership?.
A domestic partnership registry for sarasota 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
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