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File #: 17-409    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 4/17/2017 In control: City Commission
On agenda: 5/2/2017 Final action:
Title: ORDINANCE NO. 18-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 133, “OFFENSES AGAINST PERSONS”, BY CREATING A NEW SECTION 133.02, “PROHIBITION OF CONVERSION THERAPY ON MINORS”, PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 133 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING)
Sponsors: City Attorney Department
Attachments: 1. Ord No. 18-17 creating new Sec 133.02 Prohibition of Conversion Therapy on Minors, 2. Conversion therapy legal opinion final

TO:                  Mayor and Commissioners

FROM:            R. Max Lohman, City Attorney

DATE:             May 2, 2017

 

Title

ORDINANCE NO. 18-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 133, “OFFENSES AGAINST PERSONS”, BY CREATING A NEW SECTION 133.02, “PROHIBITION OF CONVERSION THERAPY ON MINORS”, PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 133 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING)

 

Body

Recommended Action:

Recommendation

Motion to Approve Ordinance No. 18-17  on second reading to ban the practice of Conversion Therapy on Minors in the City.

 

Body

Background:

The proposed ordinance bans the practice of Conversion Therapy on minors within the City of Delray Beach. Conversation Therapy (also known as sexual orientation change efforts or “SOCE”) is a form of therapy and/or counseling aimed at changing a person’s sexual orientation or gender identification. As drafted, the ordinance bans persons licensed by the state including medical practitioners, psychologists, and social workers (“Providers”) from using Conversion Therapy on minors within the City limits. Violation of the ordinance shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days, or by both a fine and imprisonment. The ordinance does not apply to members of the clergy or other pastoral counselors that provide religious counseling to their congregants.

Presently, the City of West Palm Beach, the City of Lake Worth, the City of Boynton Beach, and the City of Riviera Beach have adopted similar ordinances.  

City Attorney Review:

Approved as to form and legal sufficiency.

 

Finance Department Review:

N/A