CEDAW AND THE STATUS OF WOMEN IN

MIAMI-DADE COUNTY

RECOMMENDATIONS BY THE
MIAMI-DADE COUNTY COMMISSION FOR WOMEN

OCTOBER2019

OFFICE OF COMMUNITY

ADVOCACY
 MIAMI-DADE COUNTY COMMISSION FOR WOMEN

Sharon Kendrick-Johnson, Chair

Monica lnterian, First Vice Chair
Linda Robinson, Second Vice Chair
Marie Soeurette Eloi, Member at Large
Raisa Sequeira, Member at Large
Marie Paule Woodson, Immediate Past Chair

Lourdes Reyes Abadin

Clora Adkins
Christine A. Butler, J.D.
Gail Epstein
Daniela Jean
Michelle LaPiana
Tara Leighton
Rose Martin
Daneila Mcvea-Smith
Beverly Nixon
Diana Palacios
Elizabeth Simonhoff Perez
Sonia Perez, Esq.
Kamila Przytula
Maria Santamaria
Phyllis Sloan-Simpkins
Gladys Perez Villanueva, Esq.
Sarah I. Zabel, Esq.

SPECIAL CONTRIBUTORS

Deborah Dion
Jennifer Hill, Esq.
Maria Midence

COUNTY AND COMMISSION FOR WOMEN STAFF

Rene Diaz, Executive Director, Office of Community Advocacy

Laura Morilla, Program Officer 2, Commission for Women
 TABLEOF CONTENTS

INTRODUCTION .......................................................................................................................1

CEDAW AND THE CITIESFOR CEDAW INITIATIVE ...............................................................l

RECOMMENDATIONS .............................................................................................................3

APPENDIX OF MIAMI-DADE COUNTY ORDINANCES AND RESOLUTIONS

CITED IN RECOMMENDATIONS .......................................................................................7
INTRODUCTION

The Miami-Dade County Commission for Women ("Commission for Women") is pleased
to submit its recommendations to the Board of County Commissioners pursuant to the
mandate in Ordinance # 15-87, the "CEDAW" ordinance, introduced by Commissioner
Daniella Levine Cava and passed by the Board of County Commissioners on September 1,
2015. In the CEDAWordinance, Miami-Dade County adopted the spirit and principles of
the Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW),which is the international women's rights treaty. By enacting this ordinance,
Miami-Dade County commits to being proactive about improving the status of women in
our community and advancing policies and programs that promote gender equity.

Under the CEDAW ordinance, the Commission Auditor is tasked with gathering gender
equity data in the areas of economic development, health and safety, and education, and
the Commission for Women is tasked with making recommendations based on the data.
The Commission for Women thanks the Commission Auditor and the Florida International
University Metropolitan Center for providing such timely and extensive information in the
"The Status of Women in Miami-Dade County 2019" Report.

This is the third Recommendations Report submitted by the Commission for Women.
Previous Recommendations were submitted in 2016 and 2018.

CEDAWAND THE CITIESFORCEDAW INITIATIVE

CEDAW,also referred to as the "Women's RightsTreaty," is the landmark, comprehensive
international agreement that affirms principles of human rights and equality for women
around the world. CEDAWwas adopted by the United Nations (UN) in 1979 and, to date,
189 nations out of the 194 member nations of the UN have approved this treaty. The
U.S., however, is one of only a handful of countries that has not ratified CEDAW.

Becausethe U.S. has failed to ratify CEDAW,a growing "Cities for CEDAW" movement
has developed where cities and counties adopt the principles of CEDAW and operate their
local governments in a manner that incorporates gender equality. Cities that have
adopted CEDAW include San Francisco, Los Angeles, Honolulu, Louisville, Cincinnati,
KansasCity, Minneapolis, New Orleans, Salt Lake City, Tampa, and St. Petersburg, among
others. Successful implementation of CEDAW by cities and counties has three
requirements: 1. a gender analysis of the workforce, services and budget in order to
integrate gender considerations into the daily operations of local agencies; 2. an oversight
body to oversee the implementation of action plans; and 3. adequate funding to
implement the program and policy reforms.

1
On September 1, 2015, Miami-Dade County joined the growing Cities for CEDAW
movement with passage of Ordinance# 15-87. The report prepared by the Commission
Auditor and FIU is the gender analysis and the Commission for Women is submitting these
recommendations and will serve as the oversight body.

Now the remaining step is for Miami-Dade County to implement the recommendations
and to commit the financial resources necessary to achieve true gender equality. A
budget is a reflection of priorities, and Miami-Dade County can show its commitment to
real gender equity through the funding of programs and policies that make a difference
in the lives of women and girls. This is an essential component of a successful local
implementation of CEDAW.

RECOMMENDATIONS

The recommendations that follow address some of the different areas raised in the
Commission Auditor's report. Some propose new ideas and others call for more funding
of existing programs and agencies. Various County departments and agencies are vital to
the well-being of women and girls in our community and much can be accomplished if
these departments are strong and well-funded.

To its credit, the Board of County Commissioners has also passed many ordinances and
resolutions calling for equal rights for women, equal pay for women, awareness of
domestic violence and human trafficking, and otherwise seeking to advance the status of
women. It is important, however, to make sure that these ordinances and resolutions are
actually enforced and implemented. There is no need to reinvent the wheel when the
County has already enacted policies that just need to be enforced.

Over the years, as the Commission for Women has formulated its recommendations, the
Commission for Women has received valuable input from community organizations such
as the Women's Fund Miami-Dade, the YWCA of Greater Miami-Dade, the Advocacy
Partners Team, Inc., and Ladies Empowerment & Action Program (LEAP). Countless
individuals have also made suggestions. We thank them for sharing their time and
expertise.

The Commission for Women's recommendations are set forth below. Included are both
new Recommendations and Recommendations from 2018 that the Commission for
Women believes are important and worth restating for further action.

2
 CEDAW 2019 - NEW RECOMMENDATIONS

1. Miami-Dade County should conduct a comprehensive public education and outreach

Campaign about mental health. This public education campaign should be conducted in
English, Spanish, and Creole and extra effort should be made to reach underserved
communities in the County. The County's website should include information and links
to mental health services and community centers that offer mental health services on a
sliding scale. For example, the website of the Community Action and Human Services
department lists many social services that are available but does not appear to include
mental health services. Adding this information would be helpful, and suggested
organizations include Pridelines, Care Resource, the Institute for Individual and Family
Counseling, the Mental Health Hospital Center, and the National Alliance on Mental
Illness (NAMI), Miami-Dade affiliate.

The construction of the new Miami Center for Mental Health and Recovery is a good
start, and the County should prioritize mental health services and fund these services at
other locations around the County. Such locations can include Florida Department of
Health clinics, the County's Neighborhood Service Centers, and Jackson South Hospital.

2. Miami-Dade County should conduct a public education and outreach campaign about
domestic violence and the comprehensive services that are available. This should include
more marketing and social media promotion of the Coordinated Victims' Assistance
Center (CVAC)so that survivors know where to go for help. This public education
campaign should also include information about the economic support that is available
to survivors. For example, the Florida Legislature just passed a law making victims eligible
for unemployment compensation if they have to leave their jobs because of domestic
violence. This public education campaign should be conducted in English, Spanish, and
Creole and extra effort should be made to reach underserved communities in the County.

The CVAC is a wonderful resource and the County should establish at least one more
CVACin an area where it is most needed, based on recent Miami-Dade Police crime
statistics, so that services are more easily accessible to survivors. Full funding of the
County's two SafespaceShelters should also be a priority to expand capacity and services.

3. Microsoft Corporation is implementing a policy that will require suppliers and contractors
to provide their employees with 12 weeks of paid parental leave. The policy will apply to
third-party firms with 50 employees or more. Miami-Dade County should follow the
example of Microsoft. At the very least, Miami-Dade County should give a preference to
County vendors that offer paid family leave; similar to the preference that local vendors
get during the bidding process.

3
 In addition, the Commission for Women recommends that Miami-Dade County consider a
number of factors, an "equity checklist," in giving preference points to prospective
vendors/contractors. Such factors include, but are not limited to, paid parental leave, child
care assistance or benefits, pre-school benefits, and college savings benefits. If the
prospective contractor does not ask for prior salary history during the hiring process,
extra points should be awarded for that also.

The more of these policies the prospective vendor/contractor offers employees, the more
favorable consideration it should get in the bidding process. Miami-Dade Countyshould
incentivizeemployerswho have family friendly policiesand are supportiveof working
families.

4. Many working women are adversely affected by employer non-compliance with wage,
labor, and human right laws and are unfamiliar about administrative complaint processes
or how to find appropriate help. Many are fearful of retaliation if they come forward
about sexual harassment, wage theft, and other workplace violations.

The new Community Outreach and Rights Education {CORE)Alliance is proposing the
creation of a pilot Labor Standards Coenforcement Program to promote awareness of
workers' rights, conduct workers' rights education trainings, and help workers with
advice and filing complaints. Through this process of "co-enforcement," Miami-Dade
County can enforce labor standardsand laws more effectively. Miami-Dade County can make
grants to community-basednon-profit organizations, that have built trust with workers in
vulnerable populations, to help educate workers about their rights and address
violations of laws regarding wage theft, discrimination, etc. These community groups,
in effect, act as partners with Miami-Dade County in the protection and enforcement of
workers' rights.

The Commission for Women recommends that Miami-Dade County approve and adopt
the Labor Standards Coenforcement Program. Miami-Dade County can look to other
cities, such as San Francisco, Seattle, Santa Clara, Chicago, and Washington, D.C. for
guidance in establishing the program.

5. According to the 2019 Status of Women Report, the gender wage gap in Miami-Dade
County is 14.2%. In order to address this gender wage gap, Miami-Dade County should
conduct free salary negotiation workshops - both for County employees and other
interested persons in the community. These workshops could be done on a periodic
basis, perhaps twice a year, at the Stephen P. Clark Center, the libraries, and other
County facilities.

4
 CEDAW 2019 - PREVIOUSRECOMMENDATIONS

1. Enforce Miami-Dade County Resolution# 869-09, which requires that the County Mayor
or Mayor's designee collect race and gender data regarding County contractors, including
the ownership and employees of those contractors, and that reports with this information
are provided biannually to the BCC.

To supplement the information provided by contractors under Resolution# 869-09, the

County should also require contractors to report wage data based on gender, race, and
ethnicity. This is the same data that federal contractors with 50 or more employees
will be required to submit to the federal EEOCby September 30, 2019.

Similarly, in 2014, San Francisco passed an ordinance requiring city contractors with at
least 20 employees to file annual reports with the City's Human Rights Commission with
data on employee compensation by gender and race. San Francisco became the first city
with this requirement. The City's Human Rights Commission was also authorized to
investigate whether discrimination by contractors is occurring and to recommend
measures for enforcement when necessary.

Therefore, Miami-Dade County should enact a similar ordinance for County contractors
with 20 employees or more and give the Miami-Dade County Commission on Human
Rights or other appropriate County office the authority to investigate violations. The
necessary funding should be provided to carry out this additional responsibility.

2. Miami-Dade County should use its tax incentives for companies relocating to Miami-Dade
if they have equal pay policies in place and if they provide paid parental leave for their
employees. Miami-Dade County should look beyond just how many jobs will be created
and factor in whether these companies have equal pay policies and paid family leave
policies. These prized and sought-after tax incentives should be reserved for only the best
employers that provide a supportive work environment.

2019 UPDATE: The Commission for Women recommends that Miami-Dade County consider a
number of factors, an "equity checklist"' for giving tax benefits to companies
seeking to relocate. Such factors include, but are not limited to, paid parental
leave, child care assistance or benefits, pre-school benefits, college savings
benefits, LGBTQprotections, neutrality about labor unions, and job training/
apprenticeships for women. If the prospective company does not ask
for prior salary history during the hiring process, extra points should be awarded
for that also. The more of these worker-friendly policies the prospective
company offers, the more favorable consideration it should get from the County.

5
3. Every business in Miami-Dade County has to get, and renew on an annual basis, a Local
BusinessTax Receipt (formerly known as an occupational license). When the Tax Collector
mails the business the tax receipt, the mailing should include information about the
following County ordinances that protect both women employees and women
consumers: 1. anti-discrimination ordinance regarding employment; 2.
Family Leave ordinance; 3. Domestic Violence Leave ordinance; 4. Wage Theft ordinance;
and 5. Gender Price Discrimination ordinance. It need not be verbatim copies of the
ordinances. It can be summaries of the laws, with information as to where more details
can be obtained, that would put the businesses/employers on notice that these
protections exist. This would raise awareness among businesses/employers about their
rights and responsibilities towards their women employees and women customers.

4. Evictions can have a deep, negative, lasting impact on working women and their children.
Evictions can cause displacement, homelessness, and the loss of a job if the person
evicted is forced to find new housing further from the job and transportation becomes
more difficult.

Miami-Dade County should take action to promote housing stability for these vulnerable
residents. Some of these include: increasing funding for the County's emergency rental
assistance program; requiring landlords to provide relocation assistance to tenants of
condemned buildings; urging the Florida Legislature to increase the notice of termination
period from 15 days to 30 days for month to month tenancies; and advocating for the
repeal of the Florida law that preempts the County from further protecting tenants'
rights.

6
 APPENDIX

MIAMI-DADE COUNTYORDINANCESAND
RESOLUTIONSCITEDIN RECOMMENDATIONS

ORDINANCE #15-87- "CEDAW" ORDINANCE

COLLECTION OF DATA ON RACEAND GENDER - RESOLUTION# 869-09

EMPLOYMENT DISCRIMINATION ORDINANCE - CHAPTER 11A, ARTICLE

IV, SECTION llA-26

FAMILY LEAVE ORDINANCE-CHAPTER 11A, ARTICLE V, MIAMI-DADE

CODE OF ORDINANCES

DOMESTIC VIOLENCE LEAVE ORDINANCE- CHAPTER 11A, ARTICLE VIII,

MIAMI-DADE CODE OF ORDINANCES

WAGE THEFT ORDINANCE - CHAPTER 22, MIAMI-DADE CODE OF

ORDINANCES

GENDER PRICE DISCRIMINATION - CHAPTER BA, ARTICLE XIX, MIAMI-

DADE CODE OF ORDINANCES

7
• Approved _________ __,M=ay~o=r Agenda Item No. 7(A)
9-1-15 •
Veto
Ovell'ide

ORDlNANCENO. 15-87

ORDINANCEAMENDING
ARTICLEXXXI OF THE CODE
OF MIAMI-DADE COUNTY, FLORIDA TO LOCALLY
ADOPT THE SPIRIT U1\1DERL
YING THE PRINCIPLESOF
TIIE CONVENTIONON THE ELIMINATIONOF ALLFORMS
OF DISCRIMINATION AGAINST WOMEN, AN
INTERNATIONALTREATY;AMENDINGSECTION2-477 OF
TIIE CODE OF MIAMI-DADE COUNTY, FLORIDA TO
AUTHORIZE THE COMMISSION AUDITOR TO GATIIER
DATA REGARDINGECON01\.1ICDEVELOPMENT,HEALTH
AND SAFETY, AND EDUCATIONOF WOMEN IN MIAMI-
DADE COUNTY;AMENDINGSECTION2-269 OF THE CODE
OF MIAMI-DADECOUNTY,FLORIDATO AUTHORIZETHE
MIA.tvH-DADECOUNTY COMMISSIONFOR WOMEN TO
ANALYZE SUCHDATAANDTO REPORTTO THISBOARD;
PROVIDING SEVERABILITY,INCLUSIONIN TIIE CODE,
AND AN EFFECTIVEDATE

WHEREAS,the Convention on the Elimination of All Fo1msof Discrimination Against

Women ("Convention"), a human rights treaty promoting gender equity, was adopted by the

United Nations General Assembly in 1979;and

WHEREAS, the Convention requires member parties. to undertake to eliminate

discrimination against women in all its forms, including but not limited to in the areas of

economic development, health and safety, and education; and

WHEREAS,more than 140 countries are party to the Convention, including Canada,

Australia, Azerbaijan, Bangladesh, Mexico, Mongolia, China and the Uruted Kingdom; and

WHEREAS,the United States Senate Foreign Relations Committeevoted in July 2002

to recommend ratification of the Convention, but the Convention has never come before the full

Senate for a vote; and

WHEREAS,the United States Census indicates a persistent wage gap between men and

women, and a perpetual difference not only between the wages women are paid compared to
 Agenda Item No. • 7(A)
Page2

those of men, but also the wages that women of different races are paid compared to their white,

male countel'parts;and

WHEREAS,the United States Census reports that white women are paid 78 cents to

every dollar white males make, and Hispanic women are paid 56 cents for every dollar their

white, male counterparts make; and

WHEREAS, a number of cities in the United States have adopted local legislation

reflecting the principles underlying the Convention to better inform local policy and empower

commwuties to make the policy changes necessary to lift more women out of pove11y and

violence; and

WHEREAS, pursuant to Section 1lA-1 of the Code of Miami-Dade County, it is the

policy of Miami-Dade County "to eliminate and prevent discrimination in employment, family

leave, public accommodations, credit and financing practices, and housing accommodations"

because of various statuses, including but not limited to sex, pregnancy, marital status, and

familial status; and

WHEREAS, this Board has passed a number of ad-hoc resolutions over the years

addressing the status of women, including Resolution No. 998-14, directing the County Mayor or

Mayor's designee to conduct a complete and thorough analysis of payroll data for Miami-Dade

County government employees to identify whether there are any pay disparities within any

employee classification for which no explanation exists other than differences in employee

gender; and

WHEREAS,this proposed ordinance monitors comprehensively the status of women

and girls in h~alth, education and economic development, providing an annual analysis that

compares growth, advancement, and amelioration; and

5
 Agenda Item No. 7(A)
Page 3

WHEREAS,comparing data and indicators yeal'-by-yearwill enable thls Board to better

gauge whether current legislation relating to or having an impact on gender equity is effective

and whether more needs to be done in any area; and

WHEREAS,pursuant to Section 2-477(5) of the Code of Miami-Dade County, the

Commission Auditor is empowered to provide information to the Board of County

Commissioners "whenever required regal'di.ngany subject relating to the affairs of the County;"

and

WHEREAS, pUl'suant to Section 2-269 of the Code of Miami-Dade County, the

Commission for Women is empowered to make a "continuing study of all existi11g"County

institutions and programs dealing with or affecti_ngwomen, as well as to make studies and have

studies made regarding discrimination against women employees "and attributable changes

• towards women in the community[;]" and

WHEREAS, pw'Suant to Section 2-269(a) of the Code of Miami-Dade County, the

Miami-Dade County Commission for Women ("Collllllission for Women") serves "in an

advisory capacity to the County ColJllllission,the County administration, the community, and all

agencies and persons in Miami-Dade County, Florida, in respect to all matters pertaining to the

status of women, including but not limited to discrimination against women, employment of

women, [and] education of women[;]" and

'WHEREAS,this Board desires that the Commission Auditor shall annually gather and

provide to the Commission for Women data regarding the status of women in Miami-Dade

Comity in the areas of economic development, health and safety, and education; and

WHEREAS, this Board desires that the Commission for Women shall study the data and

annually report on its analysis and recommendations based on the data to this Board and to the

County Mayor, as well as make its report available to the public,

 Agenda Item No. 7(A)
Page4

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF

MIAMI-DADE COUNTY, FLORIDA:

Sechou I, Article XXXI, Section 2-271 of the Code of Miam1-DadeCounty, Flonda,

is hereby amended as fo1lows:1

>>ARTICLE XXXI. CONVENTION ON THE

ELIMINATIONOF ALL FORMS OF DISCRII\IDNATION
AGAINST WOMEN.

Sec. 2-271. Policy.

It is the goal of Miami-Dade County to adopt the spirit underlying

the principles of the Convention on the Elimination of All Forms
of Discrimination Against Women (commonly referred to as
"CEDAW" and hereinafter referred to as "Convention"). The
Convention, a hwnan rights treaty adopted by the United Nations
General Assembly in 1979, aims to eliminate all disc1farination
against women around the· world. including but not limited to in
the areas of economic development. health and safety. and
education. Miami-Dade County finds a need to gather data locally
and provide analysis annually to study gender equity in Miami-
Dade County. "Gender Equity Data" shall be defined as
information co1lected to identify disparities existing between
women and men throughout Miami-Dade County and shall
include. to the extent permitted by law. information regarding sex.
race. sexual orientation. immigration statlIS, parental status,
disability. and age.

Secs. 2-272-2-277. Reserved.<<

[[ARTICLEXXXI.RESERVED

Sees.2 271 2 277-.Rese:rved.J]

Section 2. Section 2-477 of the Code of Miami-Dade County, Florida, is hereby

amended to read as follows:

Sec. 2-477. Scope of Authority.

Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored
and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now
in effect and remain unchanged.

7
 Agenda Item No. 7(A)
Page 5

The Commission Auditor shall, to the extent provided for in the

annual work program, perfonn the following functions and be
charged with the following responsibilities on behalf of the
Commission:

I 0. To make periodic reports to the Commission which shall

include, but not be limited to, the fo11owing:
a. To determine whether departments, agencies and
entities of the County have complied with the fiscal
and legislative policies of the Commission;
b. To provide information on proposals that could
adversely affect the County including, but not
limited to, the County's credit rating;
c, To report matters and make recommendations
concerning the effectiveness and efficiency of
programs and the operation of the Cow1ty;
d. To be empowered to take exception to improper
specific expendinues incurred by any County
department, agency or entity; and

>> 11. In fmtherance of the Commission's po!icy set forth in

Section 2-271 of the Code of Miami-Dade County. the
Officeof the Commission Auditor sl1allgather and provide
Gender Equity Data. as such te1m is defined in Section 2-
271 of the Code of Miami-Dade County, annually to the
Miami-Dade County Commission for Women in the
categories enumerated below.

~ Economic Development: As compared to men both

within Miami-Dade County government and
throughout Miami-Dade County. the nwnbers of
women employed by industx:y,serving in high-level
or executive positions. serving in low-wage
12ositions,serving as heads-of-household, living in
poverty; how salaries compare for men and women
employed in the same or similar positions: gender
balance on County advisory boards: and any other
metrics or infom1ation deemed relevant and
reasonably accessible by the Office of the
Commission Auditor.
 Agenda Item No.• 7(A)
Page 6

b. Health and Safety: Infant mortality and birth rates

in Miami-Dade County: as compared to men, the
number of women and girls with health insurance,
with health conditions such as hypertension. with
life-threatening conditions such as heart disease: the
number of women and girls falling victim to sexual
exploitation and hwnan trafficking: the number of
reported instances of rape and sexual assault: the
amount of money and the types of funding sources
spent assisting domestic violence victims and trying
to prevent instances of domestic violence: Miami-
Dade County government resources directed
specifically at women and girls: and any other
metrics or information deemed relevant and
reasonably accessible by the Office of the
Commission Auditor.
h Education: As compared to men. the number of
women dropping out of high school each year; the
number of women with less than a high school
education: with some college. with college degrees.
with masters-level. doctorate and professional
degrees: and any other metrics or infom1ation
deemed relevant and reasonablv accessible by the
Office of the CommissionAuditor.<<

[[-1+.]]>>12.<< The Commission Auditor shall serve as a

voting member of any competitive selection committee
convened for the purpose of recommending an external
auditor to the Mayor or the Mayor's designee. The
CommissionAuditor shall also be apprised by the Mayor or
the Mayor's designee of the activities of the external
auditor and may monitor the conduct of, and responses to,
external financial statement audits, and the resolution of
audit findings. The Commission Auditor shall also work
toward the elimination of duplicative audit work through
cooperation with state, federal and external auditors, and
the Clerk of the Circuit and County Courts when the Clerk
is pe1formingas auditor under Article V, Section 16 of the
Florida Constitution and general la~vs of the State of
Florida.
 Agenda Item No. 7(A)
Page 7

Section 3. Section 2-269 of the .Code of Miami-Dade County, Florida, is hereby

amended to read as follows:

Sec. 2-269. Dutiesand powersof the Commission.

The Commission shall have the following duties, functions, powers

and responsibilities:

(g) To repo1t at least annually to the County Commission on the

Commission for Women's accomplishments and priorities.

>>.(b) To analyze Gender Equity Data provided annually by the

Commission Auditor. pmsuant to Section 2-477 of the Code of
Miami-Dade County. regarding the economic development, health
and safety, and education of women in Miami-Dade County and to
report the Commission for Women's analysis and
recommendations based on Gender Equity Data annually to the
County Mayor and to the County Commission, and lo make the
Commission for Women's report available to the public.<<

[[(fl)]] >>fil<<To perform such other duties as may from time to

time be assigned to it by resolution of the County Commission.

Section 4. If any section, subsection, sentence, clause or provision of this ordinance

is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 5. It is the intention of the Board of County Commissioners, and it is hereby

ordained that the provisions of this ordinance, including any sW1Setprovision, shall become and

be made a part of the Code of Miami-Dade Cow1ty,Florida. The sections of this ordinance may

be renumbered or relettered to accomplish such intention, and the word "ordinance" may be

changed to "section," "atticle," or other appropriate word.

/IJ
 AgendaItem No. 7(A)
Page 8

Section 6. This ordinance shall become effective ten (10) days after the date of

enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an

______overrideby this Board. ····-···--·-··---·-···___·-·--···. _ ·-··--

PASSEDAND ADOPTED: September 1, 2015

Approvedby CountyAttorneyas
to fonn and legal sufficiency:

Preparedby:

EstephanieResnik

Prime Sponsor: CommissionerDaniellaLevine Cava

Co•Sponsors: CommissionerBruno A. Barreiro
CommissionerSally A. Heyman
Co1mnissioner
BarbaraJ. Jordan
CommissionerRebecaSosa
CommissionerXavier L. Suarez

/I
Approved ----------~!-.=fa.,..y..,._or Agenda Item No. l l(A)(12)
Veto 6-30-09
Override

RESOLUTION NO. R-869-09

----------
RESOLUTION DIRECTING COUNTY MAYOR OR
COUNTY MAYOR'S DESIGNEE TO COLLECT DATA ON
THE RACE AND GENDER OF COUNTY CONTRACTORS
A.t"\JD
THEIR EMPLOYEES AND REPORT THE FINDINGS TO
THE BOARD

WHEREAS,the Miami-Dade County is n multi-ethnic community; and

WHEREAS, the County is an important economic engine in the growth and

development of Miami-Dade County; and

WHEREAS,the County wishes to continue to ensure equal opportunity to be awarded

County contracts for all members of the community; and

WHEREAS, the Board of Count Commissioners desires to obtain information to

evaluate the continued equality of opportunity in County contracting and to ensure that no

improper disparity exists in the award of County contracts; and

WHEREAS,the collection of race and gender data regarding County contractors will

provide the Board of County Commissioners with information on whether corrective legislation

is necessary to address any improper disparity in County contracting and how best to target that

legislation; and

WHEREAS, federal couns reviewing legislation addressing improper disparity in

government contracting look at data collected to assess the Constitutionality of such legislation;

and
 Agenda Item No. l l(A)(l2)
Page No. 2

WHEREAS, the County's failure to collect this infom1ntion at the time of contracting

presented a significant obstacle and an extraordinary cost in the County's prior defense of its

race and gender based contracting programs,

NOW, THEREFORE, BE IT RESOLVED DY THE BOARD OF COUNTY

COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Co\lnty Mayor or

County Mayor's designee is directed to collect race and gender data regarding County

contractors including the ownership and employees of those contractors >>through the

Department of Procurement Management and the Tax Collector's Office<< 1 and provide to the

Board of County Commissioners, on a biannual basis, detailed reports on the race and gender of

entities contracting with the County and their employees.

The Prime Sponsor of the foregoing resolution is Commissioner Barbara J. Jordan. It

was offered by Commissioner Jose "Pepe" Diaz , who moved its adoption. The motion

was seconded by Commissioner Rebeca Sosa and upon being put to a vote,

the vote was as follows:

Dennis C. Moss, Chairman aye

Jose "Pepe" Diaz, Vice-Chainnan aye
Bruno A. Barreiro absent Audrey M. Edmonson aye
Carlos A. Gimenez aye Sally A. Heyman aye
Barbara J. Jordan aye Joe A. Martinez absent
Dorrin D. Rolle aye Natacha Seijas aye
Katy Sorenson aye Rebeca Sosa aye
Sen. Javier D. Souto absent

1
Committee amendments are indicated as follows: words stricken through and/or [[double
bracketed]] shall be deleted, words underscored and/or >>double arrowed<< constitute the
amendment proposed.
 Resolution No. R-869-09
AgendaItem No. ll(A)(12)
Page No. J

The Chairpersonthereupon declared the resolutionduly passed and adopted this 30th day

of June, 2009. This resolutionshall becomeeffectiveten (10) days after the date of its adoption

unJessvetoed by the Mayor, and if vetoed, shall become effective only upon an override by this

Board.

MIAMI-DADECOUNTY,FLORIDA
BY ITS BOARDOF
COUNTY COMMISSIONERS

HARVEYRUVIN,CLERK

By: DIANE COLLINS

DeputyClerk

Appmvedby County Attorneyas

to form and legal sufficiency.

Oren Rosenthal
Miami - Dade County, FL Code of Ordinances about:blank

Sec. 11A-25.- Definitions.

The definitions set out in Section 11A-2 shall apply to this article in addition to the definitions
set forth below. As used in this article:

(1) Employee shall mean an individual employed by an employer.

(2) Employer shall mean any person who in the regular course of business has
five (5) or more employees in Miami-Dade County in each of four (4) or more
calendar weeks in the current calendar year and any agent, acting manager,
contractor or subcontractor of such person, but such term does not include:

{a) The United States or a corporation wholly owned by the government of

the United States;

(b) The State of Florida;

{c) Miami-Dade County;

{d) An Indian Tribe; or

(e) A bona fide private membership club.

(3) Employment agency shall mean any person or agent thereof, regularly
undertaking, with or without compensation, to recruit for prospective
employees, opportunities to work for an employer on any basis, including,
full-time, part-time, temporary, permanent or any combination thereof.

(4) Labor organization shall include any union, association, joint committee,
board or other combination, or any agent thereof, which bargains or deals
with employers concerning grievances, labor disputes, wages, rates of pay,
hours or other terms or conditions of employment.

{Ord. No. 97-17, § 1, 2-25-97)

l of 1 7111/2019, 3:40 PM
Miami - Dade County, FL Code of Ordinances about:blank

Sec. 11A-26.- Unlawful employment practices.

(1) It shall be unlawful for any employer to engage in any practices described below
on account of the race, color, religion, ancestry, sex, pregnancy, national origin,
age, disability, marital status, familial status, gender identity, gender expression,
sexual orientation, or actual or perceived status as a victim of domestic violence,
dating violence or stalking of any individual or any person associated with such
individual:

(a) To fail or refuse to hire or to otherwise discriminate against any individual;

(b) To print or circulate or cause to be printed or circulated, any advertisement,

statement or publication or to use an application form or to make an inquiry
in connection with prospective employment which expresses a limitation,
preference, specification or to otherwise discriminate against an individual on
any of the grounds specified in this article, or because of any such reason to
discharge an employee or to discriminate with respect to training, hire,
tenure, promotion, transfer, terms, conditions, wages, benefits or privileges
of employment or in any other matter related to employment;

(c) To utilize any employment agency or company providing employees which

the prospective employer knows or has reasonable cause to know
discriminates against individuals on any basis prohibited by this article;

(d) To fail or refuse to make reasonable accommodation for a disabled

individual. "Reasonable accommodation" in employment shall require every
employer to make necessary adaptations to the known physical or mental
limitations of an otherwise qualified applicant or employee with a disability
unless the employer can demonstrate that the adaptation would impose an
undue hardship on the operation of its business.

(i) Reasonable accommodation may include:

(I) Making facilities used by employees readily accessible to and

usable by persons with a disability; and

(II) Job restructuring, part-time or modified work schedules,

reassignment to a vacant position, acquisition or modification of
equipment or devices, appropriate adjustment or modifications of
examinations, training materials or policies, the provision of
readers or interpreters, and other similar actions.

I of 13 7/11/2019. 3:21 PM
Miami - Dade County, FL Code of Ordinances about:blan

(ii) In determining whether an accommodation would impose an undue

hardship on an employer, factors to be considered include:

(I) The overall size of th,e employer with respect to number of

employees, number and type of facilities, and size of budget;

(II) The type of the employer's operation, including the composition

and structure of the employer's work force; and

(Ill) The nature and cost of the accommodation needed.

(iii) An employer may not deny any employment opportunity to a qualified

disabled employee or applicant if the basis for the denial is the need to
make reasonable accommodation for the physical or mental limitations
of the employee or applicant.

(e) To limit, segregate, advertise, recruit or classify any employee or applicant for
employment in any way which would deprive any individual of employment
opportunities or otherwise adversely affect the individual's employment
opportunities or status as an employee on any basis prohibited by this article.

(2) It shall be unlawful for any employment agency or company providing employees
to engage in any of the practices described below on account of any individual's
race, color, religion, ancestry, national origin, age, sex, pregnancy, disability, marital
status, familial status, gender identity, gender expression, sexual orientation, or
actual or perceived status as a victim of domestic violence, dating violence or
stalking:

(a) To fail or refuse to hire or refer for employment or to otherwise discriminate

against any individual;

(b) To comply with an employer's request which directly or indirectly indicates a

preference or any discrimination against any individual;

(c) To classify or to refer for employment any individual;

(d) To print or circulate or cause to be printed or circulated, a statement,

advertisement or publication, to use a form of application or to make an
inquiry in connection with prospective employment, which expresses directly
or indirectly a limitation, specification or otherwise to discriminate against
any individual.

(3) It shall be an unlawful employment practice for a labor organization to engage in

any of the practices described below on account of any individual's race, color,

2 of 13 7/11/2019, 3:21 PM
Miami - Dade ounty. Fl Code of Ordinances about:blank

religion, ancestry, national origin, age, sex, pregnancy, disability, marital status,
familial status, gender identity, gender expression, sexual orientation, or actual or
perceived status as a victim of domestic violence, dating violence or stalking:

{a) To exclude, to expel from its membership, or otherwise to discriminate

against any individual;

{b) To limit, or segregate or classify its membership, or applicants for

membership, or to fail or refuse to refer for employment any individual, in
any way which would deprive or tend to deprive any individual of
employment opportunities or otherwise to discriminate against any member
or applicant for membership or otherwise to adversely affect his or her status
as an employee or as an applicant for employment;

{c) To cause or attempt to cause an employer to discriminate against an

individual in violation of this article;

{d) To fail or refuse to reasonably accommodate an individual's disability.

(4) It shall be unlawful employment practice for any employer to discriminate against
any of his or her employees or applicants for employment, for an employment
agency or similar organization to discriminate against any individual, or for a labor
organization to discriminate against any member or applicant for membership
because he or she has opposed any practice made unlawful by this article or
because he or she has testified, assisted, or participated in any manner in an
investigation, proceeding or hearing under this article.

(5) Exemptions to unlawful employment practices.

{a) Notwithstanding any other provision of this article it shall not be an unlawful
employment practice:

{i) For a school, college, university, or other educational institution or

institution of learning to hire and employ individuals of a particular
religion if: such school, college, university, or other educational
institution or institution of learning is, in whole or in substantial part,
owned, supported, controlled or managed by a particular religion or by
a particular religious corporation, association or society, or if the
curriculum of such school, college, university or other educational
institution of learning is directed toward the propagation of a particular
religion and; the employment opportunity sought by the employee or
applicant is directly or indirectly related propagating that religion.

3 of 13 7/111'>010 1·">1 PM
Miami - Dade County. FL Code of Ordinances about:bl::m

(ii) For an employer to hire and employ individuals, for an employment

agency to classify or refer for employment any individual, for a labor
organization to classify its membership or to classify or refer for
employment any individual, or for an employer, labor organization, or
joint labor-management committee controlling apprenticeship or other
training or retraining programs to admit or employ any individual in any
such program, on the basis of his or her religion, sex or national origin
in those certain instances where religion, sex, or national origin is a
bona fide occupational qualification reasonably necessary to the normal
operation of that particular business or enterprise. Additionally, nothing
in this article shall apply with respect to a religious organization,
association, society or any not for profit institution or organization
operated, supervised or controlled by or in conjunction with any
religious organization from limiting its employment to persons of the
same religion or from giving preference to any such person; however,
that religious organization, association or society shall not restrict
membership based on race, color, national origin, ancestry, disability, or
actual or perceived status as a victim of domestic violence, dating
violence or stalking. Furthermore, nothing in this article relating to
unlawful employment practices based on sexual orientation shall
pertain to any religious organization, association, society, or any non-
profit institution or organization operated, supervised or controlled by
or in conjunction with a religious organization, association or society.

(iii) For any employer to apply different standards of compensation, or

different terms, conditions, benefits, privileges of employment pursuant
to a bona fide, written seniority or merit system or piece-work system or
a system which measures earnings by quantity provided that such
difference does not discriminate because of race, color, religion,
ancestry, national origin, age, sex, pregnancy, disability, marital status,
familial status, gender identity, gender expression, sexual orientation, or
actual or perceived status as a victim of domestic violence, dating
violence or stalking.

(iv) For an employer or employment agency or representative of either to

give or to act upon the results of any professionally validated ability test
provided that such test, its administration or action upon the result is

4 of 13 7/11/2019.3:21 PM
Miami - Dad«! County, FL Code of Ordinances about:blanl

not designed, intended or used to discriminate because of race, color,

religion, ancestry, national origin, age, sex, pregnancy, disability, marital
status, familial status, gender identitiy, gender expression, sexual
orientation, or actual or perceived status as a victim of domestic
violence, dating violence or stalking.

(b) Nothing contained in this article shall apply to any business or enterprise on
or near an Indian Tribe reservation with respect to any publicly announced
employment practice of such business or enterprise under which a
preferential treatment is given to any individual because he or she is an
Indian living on or near a reservation.

(c) Nothing contained in this article shall be interpreted to require any employer,
employment agency, labor organization, or joint labor-management
committee subject to this chapter to grant preferential treatment to any
individual or to any group because of the race, color, religion, sex, pregnancy,
national origin, ancestry, age, disability, marital status, familial status, gender
identity, gender expression, sexual orientation, or actual or perceived status
as a victim of domestic violence, dating violence or stalking of such individual
or group on account of an imbalance which may exist with respect to the total
number or percentage of persons of any race, color, religion, sex, pregnancy,
national origin, ancestry, age, disability, marital status, familial status, gender
identity, gender expression, sexual orientation, or actual or perceived status
as a victim of domestic violence, dating violence or stalking in any community,
section or other area of the county or in the available work force in any
community, section or other area of the county.

(Ord. No. 97-17, § 1, 2-25-97; Ord. No. 98-170, § 1, 12-1-98; Ord. No. 06-179, § 19, 12-5-06; Ord.
No. 14-118, § 4, 12-2-14; Ord. No. 14-113, § 7, 11-5-14}

ARTICLE V. - FAMILY LEAVE

Sec. 11A-29.- Legislative findings and purpose.

(1) The County Commission finds that the number of families within the County in
which both parents or a single parent is employed outside the home has increased
significantly within recent years. Due to a lack of employment policies designed to

of 13 7/11/''lnlO 1,'ll 011.f

Miami - Dade County, FL Code of Ordinances about:blanl

ARTICLEV. - FAMILYLEAVE

Sec. 11A-29.- Legislative findings and purpose.

(1) The County Commission finds that the number of families within the County in
which both parents or a single parent is employed outside the home has increased
significantly within recent years. Due to a lack of employment policies designed to
accommodate working parents, many individuals are forced to choose between job
security and parenting or providing care for ill family members. The Commission
further finds that it is necessary to promote the economic security of families by
guaranteeing jobs to wage earners who choose to take a period of leave upon the
birth or placement for adoption of a child or serious health condition of a family
member. The Commission also recognizes that unrestricted leave by an employee
may interfere with an employer's legitimate business needs. The Commission,
therefore, declares that it is the policy of the County to balance the demands of the
workplace with the needs of families, to promote stability and economic security in
families and to entitle employees to take reasonable leave for medical reasons, for
the birth or adoption of a child, and for the care of a child, spouse or other close
relative who has a serious health condition. The County further declares that
employees should be entitled to take such leave without risk of termination of
employment or retaliation by employers.

(2) The County Commission finds that the enactment of the Family and Medical Leave
Act of 1993, Public Law No. 103-3 (29 U.S.C.§ 2611 et seq.) fulfills many of the
purposes for which this chapter was originally intended. In order to avoid imposing
possibly conflicting burdens on employers and unduly confusing employees about
their family leave rights, the Commission believes it appropriate to make the
County ordinance consistent with the federal act and intends that the ordinance be
so interpreted. In enacting this revised chapter, the County Commission intends to
provide employees in the County with an efficient alternative means of enforcing
their rights to family medical leave through the Commission on Human Rights.

(Ord. No. 97-17, § 1, 2-25-97; Ord. No. 09-53, § 17, 6-30-09)

Sec. 11A-30. - Definitions.

As used in this article:

I of3 7111 no IQ, 1:24 PM

Miami - Dad ounty. FL Code of Ordinances about:blan

(1) Commission shall mean the Miami-Dade County Commission on Human

Rights.

(2) Director shall mean the Director of the Miami-Dade County Commission on
Human Rights or his or her designee.

(3) Employer shall mean a person as defined in Section 11A-2(9) of this chapter
which has in the regular course of business fifty (50) or more employees
working in Miami-Dade County for each working day during each of twenty
(20) or more calendar work weeks in the current or preceding calendar year.

(4) Employee shall mean a person who has been employed in Miami-Dade
County by the employer with whom leave is requested for at least twelve (12)
months and for at least one thousand two hundred and fifty (1,250) hours of
service with such employer during the previous twelve-month period.

(5) Grandparent shall mean any grandparent of an employee for whom the
employee has assumed primary financial responsibility.

(6) All other terms shall be defined as in the Family and Medical Leave Act of
1993, Public Law No. 103-3 (29 U.S.C.§ 2611 et seq.) and any amendments
thereto.

(Ord. No. 97-17, § 1, 2-25-97; Ord. No. 06-179, § 21, 12-5-06; Ord. No. 09-53, § 18, 6-30-09)

Sec. 11A-31.- Entitlement to leave.

Employees, as defined in this article, shall be entitled to take leave on the same terms and
conditions as are provided in Sections 102, 103, 104 and 108 of the Family and Medical Leave Act
of 1993, Public Law No. 103-3, any amendments thereto, except

(1) An employee may also take leave under this chapter to care for a
grandparent with a serious health condition on the same terms and
conditions as leave is permitted under the Family and Medical Leave Act to
care for a parent with a serious health condition.

(2) Nothing in this chapter shall be construed to affect any employee benefit plan
that the employer may otherwise provide.

(Ord. No. 97-17, § 1, 2-25-97)

Sec. 11A-32. - Exemption for governmental employers that provide equivalent leave rights.

! of3 7/11/2019, 3:24 PM

Miami - Dade C unty, FL Code of Ordinances about:blanl

This article shall not apply to any municipality, special district, or other local government
entity that maintains a leave policy that:

(a) Provides employees with at least the same rights to leave as are provided by
this article; and

(b) Includes an administrative procedure for its employees to enforce such

rights.

(Ord. No. 97-17, § 1, 2-25-97)

Sec. 11A-33.- Procedures for family leave complaint.

The procedures for a family leave complaint shall be the same as the procedures outlined in
Section 11A-28.

(Ord. No. 97-17, § 1, 2-25-97)

3 of 3 7/11/2019. 3:24 PM
Miami - Dade County, FL Code of Ordinances about:blank

ARTICLEVIII. - DOMESTICLEAVE

Sec. 11A-60. - Definitions.

As used in this article:

(1) Commission shall mean the Miami-Dade County Commission on Human

Rights.

(2) Director shall mean the Director of Miami-Dade County Commission on

Human Rights.

(3) Domestic violence shall mean a pattern of coercive behavior used by one (1)
person to control another such as but not limited to: physical, sexual,
emotional and psychological violen~e and abuse; threats; intimidation; verbal
abuse; economic control; and stalking; and as defined in Sections 741.28,
784.046 and 784.048 of Florida Statutes.

(4) Employee shall mean a person who has been employed by the employer in
Miami-Dade County for at least ninety (90) days and for at least three
hundred and eight (308) hours of service with such employer during the
previous ninety (90) days.

(5) Employer shall mean a person defined in 11A-29 of this Chapter which has in
the regular course of business fifty (50) or more employees working in Miami-
Dade County for each working day during each of twenty (20) or more
calendar work weeks in the current or preceding calendar year.

(6) Perpetrator shall mean a person who engages in domestic or repeat violence
against another person(s).

(7) Victim of domestic or repeat violence shall mean a person who is subjected to
domestic or repeat violence by a perpetrator.

(Ord. No. 99-05, § 1, 1-21-99; Ord. No. 09-53, § 19, 6-30-09)

Sec. 11A-61.- Entitlement to domestic leave.

(1) Employees, as defined in this article, shall be entitled to a total of thirty (30) work
days of unpaid domestic eave during any twelve (12) month period for one (1) or
more of the following:

I of 5 7/11/2019, 3:24 PM
Miami - Dade County. FL Code of Ordinances about:blan

(a) To obtain and receive medical and/or dental assistance for a medical and/or
dental problem resulting from domestic or repeat violence, including
obtaining such services for the employee's dependent children;

(b) To obtain and receive legal assistance relating to domestic or repeat violence,
including but not limited to criminal prosecution, a protective order, divorce,
custody of children, and child support;

(c) To attend court appearances relating to domestic or repeat violence,

including but not limited to criminal prosecution, protective order, divorce,
custody of children and child support;

(d) To attend counseling or support services, including counseling or support

services for dependent children;

(e) Any other arrangements necessary to provide for the safety and well-being of
an employee subject to domestic or repeat violence.

(2) Domestic leave under this section may be taken by an employee intermittently or
on a reduced leave schedule. However, if an employee requests intermittent leave
or reduced leave that is foreseeable based on a planned schedule, the employer
may require such employee to transfer temporarily to an available alternative
position for which the employee is qualified and that has equivalent pay and
benefits, and better accommodates recurring periods of leave.

(3) Domestic leave may be taken in addition to the family leave allowed under Article V
of this Chapter.

(4) Prior to requesting domestic leave, an employee must exhaust all paid vacation
leave and/or personal leave.

(Ord. No. 99-05, §1, 1-21-99)

Sec. 11A-62. - Certification and confidentiality.

(a) An employer may require that a request for leave under Section 11A-61 be
supported by certification issued by an authorized person from a health care
provider, attorney of record, counselor, law enforcement agency, clergy, domestic
violence advocacy agency, domestic violence center, or domestic violence shelter.
The certification shall be sufficient if it indicates that the employee is being
subjected to domestic or repeat violence and needs time off to attend to one (1) of
the matters described in 11A-61(a)through (e).

2 of 5 7/11/2019. 3:24 PM
Miami - Dade County, FL Code of Ordinances about:blank

(b) To the extent allowed by law, employers shall maintain the confidentiality of any
employee requesting domestic leave under this article.

(Ord. No. 99-05, §1, 1-21-99)

Sec. 11A-63. - Employment and benefits protection.

(1) Any eligible employee who takes domestic leave, shall on return from leave, be
entitled to:

(a) Restoration by the employer to the position of employment held by the

employee when leave commenced; or

(b) Restoration to an equivalent position with equivalent employment benefits,

pay and other terms and conditions of employment.

(2) The taking of leave shall not result in the loss of any employment benefits accrued
prior to the date on which the leave commenced.

(3) Nothing in this article shall be construed to entitle any restored employee to:

(a) The accrual of any seniority or employment benefits during any period of
leave; or

(b) Any right, benefit, or position of employment other than any right, benefit or
position to which the employee would have been entitled had the employee
not taken the leave.

(4) Nothing in this section shall be construed to prohibit any employer from requiring
any employee on leave to report periodically to the employer on the status and
intention of the employee to return to work.

(5) During any period when the eligible employee takes leave, the employer shall
maintain coverage under any group health plan for the duration of such leave at
the level and under the conditions coverage that would have been provided if the
employee had continued in employment continuously for the duration of such
leave. However, the employer may recover the premium that the employer paid for
maintaining coverage for the employee under such group health plan during any
period of unpaid leave if:

(a) The employee fails to return from leave after the period of leave to which the
employee is entitled has expired; and

(b) The employees fails to return to work for a reason other than continuance or
recurrence of domestic or repeat violence or other circumstances beyond the

3 of 5 7/11/2019. 3:24 PM
Miami - Dade County. FL Code of Ordinances about:blan

control of the employee.

(Ord. No. 99-05, §1, 1-21-99)

Sec. 11A-64. - Prohibited acts.

(1) It shall be unlawful for any employer to interfere with, restrain, or deny the
exercise of any right provided under this article.

(2) It shall be unlawful for any employer to discharge or in any other manner
discriminate against any individual for opposing any practice made unlawful under
this section.

(Ord. No. 99-05, §1, 1-21-99)

Sec. 11A-65. - Procedures for domestic leave complaint.

The procedures for a domestic leave complaint shall be the same as the procedures outlined
in Section 11A-28.

(Ord. No. 99-05, §1, 1-21-99)

Sec. 11A-66. - Domestic leave for County and Public Health Trust employees.

The Miami-Dade County employee leave manual and the Public Health Trust employee leave
manual shall include provisions consistent with the requirements of this article for domestic
leave.

(Ord. No. 99-05, §1, 1-21-99)

Sec. 11A-67. - Clerk of the Court to report perpetrators.

(1) Upon a final conviction for a domestic violence related crime, the Clerk of the Court
shall forward a copy of such final conviction to the employer of record of the
perpetrator.

(2) For purposes of this section, "employer" shall mean any person, entity,
corporation, partnership that employees any employee regardless of length of
time or whether full or part-time.

(Ord. No. 99-05, §1, 1-21-99)

4 of 5 7111/2019, 3:24 PM
Miami - Dade County, Fl Code of Ordinance:- about:blank

Chapter 22 - WAGETHEFT

Sec. 22-1. - Declaration of policy.

It is hereby declared to be the policy of Miami-Dade County in the exercise of its police power
for the public safety, health and general welfare, to eliminate and prevent wage theft. Eliminating
the underpayment or nonpayment of wages earned by persons working in the County serves the
public purpose by promoting economic security and dignity for those working in the County; by
promoting business and economic development through the elimination of unfair economic
competition by unscrupulous businesses that do not pay or that underpay their employees; and
by relieving the burden on the public that subsidize unscrupulous employers whose employees
are forced to rely on public assistance because of unpaid or underpaid wages.

(Ord. No. 10-16, § 1, 2-18-10)

Sec. 22-2. - Definitions.

(a) Employee shall mean a natural person who performs work within the geographic
boundaries of Miami-Dade County while being employed by an employer, but shall
not include any bona fide independent contractor.

(b) Employer shall include any person who, acting either individually or as an officer,
agent, or employee of another person, acts directly or indirectly in the interest of a
person or entity employing an employee; but such term does not include:

(1) The United States or a corporation wholly owned by the government of the
United States;

(2) The State of Florida;

(3) Miami-Dade County;

(4) The Public Health Trust of Miami-Dade County; or

(5) An Indian Tribe.

(c) [Employ.]The meaning of "employ", including as used in the term employment,

shall include to suffer or permit to work.

(d) Independent contractor shall have the same meaning as in the Internal Revenue
Code and implementing federal regulations.

(e) Wage rate shall mean any form of monetary compensation which the employee

I of 11 7/11/2019. 3:46 PM
Miami - Dade County. FL Code of Ordinances about:blank

agreed to accept in exchange for performing work for the employer, whether daily,
hourly, or by piece but in all cases shall be equal to no less than the highest
applicable rate established by operation of any federal, state or local law.

(f) Reasonable time shall be presumed to be no later than fourteen calendar days
from the date on which the work is performed unless the employer has
established, by policy or practice, a pay schedule whereby employees earn and are
consistently paid wages according to regularly recurring pay periods in which case
such pay schedule shall govern.

(g) Jurisdictional threshold amount shall mean at least sixty dollars ($60.00), and
jurisdictional limit shall mean no more than fifteen thousand dollars ($15,000.00),
in unpaid or underpaid wages alone not including any other amounts such as
sanctions, penalties, liquidated damages, fees or costs.

(h) Liquidated damages shall mean twice the amount a respondent employer is found
to have unlawfully failed to pay the complainant employee. Where an employee is
awarded treble damages for wage theft violations, liquidated damages are
awarded in addition to back wages in order to compensate for the economic losses
suffered by reason of the employee not receiving their wage at the time it was due.

(Ord. No.10-16, § 1, 2-18-10; Ord. No. 10-37, § 1, 6-3-10; Ord. No.17-71, § 1, 10-3-17)

Sec. 22-3. - Wage theft violations.

For any employer to fail to pay any portion of wages due to an employee, according to the
wage rate applicable to that employee, within a reasonable time from the date on which that
employee performed the work for which those wages were compensation, shall be wage theft;
and such a violation shall entitle an employee, upon a finding by a hearing examiner appointed by
Miami-Dade County or by a court of competent jurisdiction that an employer is found to have
unlawfully failed to pay wages, to receive back wages in addition to liquidated damages from that
employer.

(Ord. No. 10-16, § 1, 2-18-10)

Sec. 22-4. - Procedures for wage theft complaints.

(1) Filing wage theft complaints.

(a) Jurisdictional threshold amount and jurisdictional limit. In order for a

complaint to be submitted to and not summarily dismissed by the County by,

2 of 11 7/11/2019, 3:46 PM
Miami - Dade ounty. FL Code of Ordinances about:blank

or on behalf of, an aggrieved employee, that employee must allege a wage

theft violation in which the unpaid wages are equal to no less than the
jurisdictional threshold amount and no greater than the jurisdictional limit.

(b) Either of the following may file a written, signed complaint with the County
using the procedures set forth in an Implementing Order:

(i) An employee aggrieved by a wage theft action prohibited by this article;

or

(ii) Any entity a member of which is aggrieved by a violation of this article.

(c) A signed complaint for wage theft must be filed with the County in the
manner prescribed by Implementing Order no later than one (1) year after
the last date upon which the complainant employee performed the work for a
respondent employer with regard to which the employee alleges a violation
of this article has occurred ("filing deadline"); however, with respect to alleged
ongoing violations, once a complaint has been made in compliance with the
filing deadline, the County's enforcement capacity is limited only by the
applicable statute(s) of limitations.

(d) The complaint shall set forth the facts upon which it is based with sufficient
specificity to identify the respondent or respondents and for the County to
determine both that an allegation of wage theft has been made and that the
threshold amount has been met.

(2) Respondent.

(a) Upon the filing of any complaint, the County shall promptly determine that
the wage theft complaint alleges wage theft, names at least one respondent
and meets the jurisdictional threshold amount and does not exceed the
jurisdictional limit. Any wage theft complaint that is submitted that does not
meet the requirements of section 22-4, including a failure to meet the
jurisdictional threshold amount or exceeding the jurisdictional limit, shall be
dismissed by appropriate County staff by providing written notice of such
dismissal to the complainant. A complainant may appeal a dismissal to a
Hearing Examiner by submitting a written notice of appeal of such dismissal
to the County within 20 days of the date of the County's written dismissal. If
timely requested, a Hearing Examiner shall be assigned who shall only
consider written submissions to evaluate whether the dismissal was an abuse
of discretion.

3 of 11 7/11/2019. 3:46 PM
Miami - Dade County, FL Code of Ordinances about:blank

(b) Upon making such determination that the complaint meets the requirements
of section 22-4 and is not subject to dismissal, or if such dismissal is
overturned by a Hearing Examiner, the County shall serve the complaint and
a written notice on the respondent or person charged with the commission of
a wage theft practice, setting forth the allegations, rights and obligations of
the parties including, but not limited to, the right to a due process hearing on
the matter before a Hearing Examiner and that the respondent may be
responsible for the costs of the Hearing Examiner and other enforcement
costs. Such service shall be by certified mail.

(c) Each respondent shall file an answer to the complaint with the County not
later than twenty (20) days after receipt of the complaint and notice from the
Director.

(3) Subpoenas.

(a) If a Hearing Examiner is appointed, any party may request that a subpoena
be issued by the Hearing Examiner. Witnesses summoned by subpoena of
the Hearing Examiner shall be entitled to the same witness and mileage fees
as are witnesses in proceedings in the County Court of Miami-Dade County,
Florida. Fees payable to a witness summoned by subpoena issued at the
request of a party shall be paid by the party.

(b) Within ten (10) days after service of a subpoena upon any person, such
person may petition the Hearing Examiner to revoke or modify the subpoena.
The Hearing Examiner shall grant the petition if it finds that the subpoena
requires appearance or attendance at an unreasonable time or place, that it
requires production of evidence which does not relate to the matter, that it
does not describe with sufficient particularity the evidence to be produced,
that compliance would be unduly onerous, or for other good reason.

(c) In the case of the contumacy or refusal to obey a subpoena, the Hearing
Examiner or any party may seek enforcement of a subpoena issued under the
authority of this chapter by filing a petition for enforcement in the County
Court of Miami-Dade County, Florida.

(d) In any enforcement proceedings authorized by this chapter, the court may
award to the prevailing party all or part of the costs and Attorney's fees
incurred in obtaining the court order as authorized by the Florida Rules of
Civil Procedures.

4 of 11 7/11/2019, 3:46 PM
Miami - Dade County, FL ode of Ordinances about:blank

(e} Any person who willfully fails or neglects to attend and testify or to answer
any lawful inquiry or to produce records, documents or other evidence, if in
his or her power to do so, may be fined by the County Court of Miami-Dade
County, Florida, not more than five hundred dollars ($500.00) or imprisoned
not more than sixty (60} days or both.

(f) Any person who, makes or causes to be made any false entry or false
statement of fact in any report, account, record or other document submitted
to the Hearing Examiner pursuant to its subpoena or other order, or shall
willfully mutilate, alter or by any other means falsify any documentary
evidence, may be fined by the County Court of Miami-Dade County, Florida,
not more than five hundred dollars ($500.00) or imprisoned not more than
sixty (60} days or both.

(4) Applicability of Florida Rules of Civil Procedure.

(a} The provisions of Rule 1.090, Florida Rules of Civil Procedure, shall govern the
computation of any period of time prescribed or allowed by this chapter or by
rules, regulations, or orders adopted pursuant to this chapter.

(b} All papers or pleadings required by this chapter to be served may be served
by certified mail or in accordance with Rule 1.080, Florida Rules of Civil
Procedure.

(5) Standards for Resolving Factual Disputes.

(a) Adequate Records. When the following three conditions are met:

(i) Where by operation of some other statute or regulation, a respondent

employer has an obligation to keep records of an employee's hours
worked and/or records of compensation provided to an employee; and

(ii} Where such records are imprecise, inadequate or do not exist; and

(iii) Where a complainant employee presents sufficient evidence to show, as

a matter of just and reasonable inference, the amount of work done or
the extent of work done or what compensation is due for the work
done;

(b) Then the burden of imprecision falls on the respondent whose obligation it
was to keep accurate records and the respondent must come forward with
evidence of the precise amount of work performed or with evidence to
negate the reasonableness of the inference to be drawn from the

5 of 11 7/11/2019, 3:46 PM
Miami - Dade County. fL Code of Ordinance!- about:blank

complainant's evidence; if the respondent fails to meet this burden, the

Hearing Examiner or any court, whichever is applicable, may award
approximate damages based on the complainant's evidence.

(6) Conciliation.

(a) It is the policy of the County to encourage conciliation of charges. The County
will work with the parties in an attempt to conciliate the agreement. If
possible, a written conciliation agreement resolving the dispute between the
complainant and the respondent shall be executed prior to the referral of the
matter to a Hearing Examiner.

(b) A conciliation agreement arising out of such conciliation shall be an

agreement between the respondent and the complainant.

(c) Whenever a party believes that the other party has breached a conciliation
agreement, the aggrieved party may file a civil action in a court of competent
jurisdiction for enforcement of such agreement.

(d) Nothing said or done in the course of attempting conciliation under this
chapter may be used as evidence in any subsequent proceeding under this
chapter or otherwise without the written consent of the parties to the
underlying charge of violation.

(7) Hearing before Hearing Examiner.

(a) Within fifteen (15) days after the service of the Complaint on the respondent,
and after determination that the complaint meets the jurisdictional threshold
amount and does not exceed the jurisdictional limit and meets the other
requirements of section 22-4, any party may submit a written request for a
hearing before a Hearing Examiner. The County shall appoint a Hearing
Examiner that it deems to be qualified to hear wage theft matters. In
conducting any hearing to determine whether a violation of this chapter has
occurred, the Hearing Examiner shall have the authority to administer oaths,
issue subpoenas, compel the production of and receive evidence. The
Hearing Examiner shall have the authority to consolidate two or more
complaints into a single hearing where such complaints name the same
respondent(s) and involve sufficiently similar allegations of fact to justify
consolidation. The final determination of the Hearing Examiner in wage theft
matters is subject to appeal in a court of competent jurisdiction.

(b) In any hearing before the Hearing Examiner pursuant to this section, the

6 of 11 7/11/2019. 3:46 PM
Miami - Dade County, FL Code of Ordinances about:blank

respondent may file a written answer to the complaint. All parties shall
appear at the hearing in person, with or without counsel, and may submit
evidence, cross-examine witnesses, obtain issuance of subpoenas and
otherwise be heard. Testimony taken at the hearing shall be under oath and a
transcript shall be made available at cost to any interested party.

(c) Discovery shall be permitted upon motion of any party and shall proceed in
the manner provided by the Florida Rules of Civil Procedure.

(d) The Hearing Examiner may direct that the parties submit a pre-hearing
statement addressing the issues of law and fact that will be involved in such
hearing, identify the witnesses that will testify, and provide a list of all
documents or other types of exhibits that will be submitted.

(e) Upon the conclusion of the hearing, an adjudicative final order shall be issued
and served upon the parties setting forth written findings of fact and
conclusions of law.

(f} In any proceeding under this article, the burden of proof by a preponderance
of the evidence rests upon the complainant.

(8) Representation by Non-lawyer Advocate. Any person may be represented by

counsel in any proceeding herein. Any party, including corporate entities, as an
alternative to counsel, may be represented by a non-lawyer advocate authorized
by that party in any proceeding herein unless specifically disallowed by the Hearing
Examiner for good cause.

(9) Enforcement by private persons or by the State of Florida.

(a) Enforcement by private persons.

(i) This chapter does not, and was never intended to, create a private right
of action for enforcement of this chapter in court provided, however,
that final orders are enforceable as judgments in court. To the extent
there may be available remedies under state or federal laws to
complainants under this chapter that may provide relief under state or
federal law in courts or other administrative proceedings, it is not in the
public interest to also provide the administrative procedures and
remedies available under this chapter if during the pendency of a wage
theft complaint a complainant employee initiates or seeks available
administrative or court remedies under state or federal law. Accordingly,
if during the pendency of a wage theft violation complaint but prior to

7 of 11 7/11/2019. 3:46 PM
Miami - Dade County. FL Code of Ordmances about:blank

the issuance of a final decision by a Hearing Examiner, a complainant

employee brings a private action in their own right, whether under state
law, federal law, or both, in any state or federal court to seek unpaid
wages based upon the same facts and allegations as the complainant
employee's complaint to the County under this chapter, or affirmatively
or by consent opts to participate in any such litigation, that complainant
employee's complaint of wage theft shall be deemed withdrawn with
respect to any respondent employer named as a defendant in such
court action. This section shall be interpreted narrowly so as to leave
unaffected any cumulative rights which were not the subject of a
complainant employee's complaint.

(ii) The County, upon becoming aware of any private action described
herein shall advise the complainant and any respondent subject to the
private action in writing within fifteen (15) days of this provision and its
effect on the complaint. Within thirty (30) days of the issuance of such
notice, the County will dismiss, with prejudice, the complainant's
complaint only with respect to the respondent or respondents who are
named as a defendant to the private action.

(b) Enforcement by the State of Florida. If at any time during the pend ency of a
complaint of wage theft, the County becomes aware of an enforcement action
by the Florida Attorney General or other body of the State of Florida based on
wage violations involving the same facts as the complainant employee's
complaint to the County, the County will dismiss, either with or without
prejudice, the complainant employee's complaint with respect to the
respondent or respondents named in such State enforcement action. The
County shall advise the complainant and any respondent of such dismissal.

(Ord. No. 10-16, § 1, 2-18-10; Ord. No. 17-71, § 2, 10-3-17)

Sec. 22-5. - Enforcement of wage theft violations.

(1) Order Issued. At the conclusion of a hearing and upon a finding of a wage violation,
the Hearing Examiner shall issue a written order as follows:

(a) If the preponderance of the evidence demonstrates a wage theft violation,

the Hearing Examiner shall order the employer to pay wage restitution to the
affected employee in an amount equal to three times the amount of back

8 of I I 7/11/2019. 3:46 PM
 liami - Dade County. FL Code of Ordinances about:blank

wages that the respondent employer is found to have unlawfully failed to pay
the complainant employee; this treble amount shall include the back wages in
addition to liquidated damages as compensation for the economic losses
suffered by reason of the employee not receiving their wage at the time it
was due; and

(b) The County shall order the employer to pay to the Board of County
Commissioners an assessment of costs in an amount not to exceed actual
administrative processing costs and costs of the hearing.

(c) If the respondent has previously been found to have engaged in wage theft in
the last 5 years, then in addition to the other remedies available under this
chapter, the Hearing Examiner may assess additional penalties against the
respondent in the amount of 20 percent above the under payment found in
the current proceeding, an additional amount of 40 percent above the
underpayment amount if it is a third offense, and an additional 60 percent
above the underpayment amount if it is a fourth offense. Revenue received
from payment of these penalties for multiple offenses imposed hereunder
shall be deposited in a separate account and shall be utilized to defray costs
of administering the Wage Theft provisions of Chapter 22.

(2) Failure to Comply with Final Order. If the County finds that any respondent
employer has failed to comply with the Hearing Examiner's order within forty-five
(45) days after written notice from the County, the County shall issue a further
written order on the respondent employer as follows:

(a) The County may, upon request of the respondent, grant the respondent an
additional forty-five (45) days to comply with any portion of the order, unless
such an extension has previously been granted; and

(b} The County shall order the employer, in addition to wage restitution ordered,
to pay the prevailing complainant employee an amount equal to the
applicable interest rate which accrues on the full amount of treble damages
from the date upon which the finding of wage violation was made until the
date upon which the amount is paid in full; and

(c) The County shall order the employer, in addition to assessment of costs
ordered, to pay to the Board of County Commissioners an amount equal to
the applicable interest rate which accrues on the assessment of costs from
the date upon which the Hearing Examiner's order is issued until the date

9 of 11 7/11/2019. 3:46 PM
Miami - Dade County, FL Codi! of Ordinances about:blank

upon which the amount is paid in full.

(d) A County vendor or contractor (including a lessee or concessionaire of County

property or a permittee to conduct private business on County property)
which has not paid an amount due under a Final Order issued pursuant to
this chapter, in whole or in part, and its officers, directors, principals, owners,
and shareholders owning a controlling interest in the vendor or contractor,
shall be presumed not to be responsible to receive a County contract award,
lease of County property, a concession on County property, or a permit to
conduct private business on County property. Additionally, the failure of a
County vendor or contractor to satisfy a Final Order issued pursuant to this
chapter may be cause for debarment under section 10-38 of this Code.

(e) All Final Orders and additional orders issued by a Hearing Examiner pursuant
to this chapter shall be recordable and enforceable as judgments in court.

(f) Respondents that fail to comply with and satisfy in full the obligations of a
Final Order within 45 days of its issuance or that fail to comply with and
satisfy in full the obligations of any subsequent order, shall be liable for the
assessment of reasonable attorney's fees and costs incurred to collect any
amounts under the Final Order and any subsequent order upon a request for
payment of such attorney's fees and costs by a claimant pursuant to this
Section.

(3) Joint and Severable Liability. In any order issued by the Hearing Examiner, the
County may specify two or more respondents as jointly and severally liable for any
amount payable to the complainant or the County or both; however, the total
amount the complainant or the County may receive from jointly and severally
liable respondents shall not exceed the total amount for which respondents are
jointly and severally liable.

(4) Cumulative Rights Preserved. Nothing in this article shall be construed to limit,
preclude or in any way abrogate the cumulative rights or remedies available to
employees at common law or by other statute which were not the subject of a
complainant employee's complaint or the County's enforcement actions; such
cumulative rights which shall be unaffected by the provisions of this article unless
they are made the subject of a complaint or the County's enforcement action, shall
include, but shall not be limited to, rights related to the violation of overtime,
minimum wage, living wage, prevailing wage, or equal pay laws.

I0ofll 7/11/20 I 9, 3:46 PM

Miami • Dade County. Fl Code of Ordinanct:s about:blank

(Ord. No. 10-16, § 1, 2-18-10; Ord. No. 17-14, § 1, 3-7-17; Ord. No. 17-71, § 1, 10-3-17}

Sec. 22-6. - Severability and construction.

If any section, subdivision, sentence, clause, phrase or other portion of this local law, or the
application of this amendment to any person or circumstance, is for any reason, declared
unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such
portion shall be deemed severable and such unconstitutionality or invalidity shall not affect the
validity of the remaining portions of the local law that added this subchapter, which remaining
portions shall remain in full force and effect.

(Ord. No. 10-16, § 1, 2-18-10}

Sec. 22-7. - Reporting.

A fiscal report regarding the administrative cost associated with the implementation of the
Ordinance shall be submitted to the applicable BCCCommittee within six months of its effective
date and one year after its effective date. Thereafter, such fiscal report shall be submitted
annually. The fiscal report should provide quarterly statistical data about the number of inquiries,
number of petitions for hearings, number of hearings scheduled, the cost of the hearings, and the
results of the hearings.

(Ord. No. 10-16, § 1, 2-18-10}

Sec. 22-8. - Sunset review.

This article shall, subject to a sunset review by this Board, stand repealed ten (10} years from
its effective date.

(Ord. No. 10-16, § 1, 2-18-10; Ord. No. 15-05, § 1, 2-3-15)

11 of 11 7/11/2019. 1:46 PM
Miami - Dade Coun1y,FL ode ofOrdinanc~~ about:blank

ARTICLEXIX.- GENDERPRICEDISCRIMINATIONORDINANCE

Sec. SA-400.- Intent and scope.

(a) It is hereby declared to be the intent of Miami-Dade County, in the exercise of its
police power for the public safety, health, and general welfare, to eliminate and
prevent price discrimination based on gender in the provision of goods and
services in Miami-Dade County, Florida.

(b) This article shall be effective in both the incorporate and unincorporated Miami-
Dade County.

(c) The provisions of this article shall be cumulative and in addition to and not in
derogation of any and all other provisions or laws prohibiting price discrimination
based on gender in the provision of goods and services. In the event of a conflict
between any of the provisions of this article and any provision of any county or
municipal ordinance, the provision which establishes the most stringent standard
shall prevail.

(Ord. No. 97-53, § 1, 5-20-97)

Sec. SA-401.- Definitions.

Customer shall mean an individual who inquires about, makes a request for, or purchases a
good or service.

Department shall mean Miami-Dade County's Consumer Services Department or its

successor department.

Directorshall mean the Director of Miami-Dade County's Consumer Services Department or

its successor department.

Seller shall mean any individual, business, company, corporation, partnership, sole
proprietorship, association, professional association, firm, store, shop, establishment, service,
place or building which offers, sells or otherwise makes available to the public any good or
service.

(Ord. No. 97-53, § 1, 5-20-97)

Sec. BA-402.- Price discrimination prohibited; exemptions.

I of3 7/11/2019, 3:54 PM

Miami - Dade County, FL Code ofOrdinancl!s about:blank

(a) No seller of a good or service shall charge a customer a different price for a good
or service based solely on the customer's gender or the gender of the beneficiary
of the good or service.

(b) Nothing in this section prohibits price differences in goods and services based
specifically upon the amount of time, difficulty or cost of providing the good or
service.

(c) Nothing in this section prohibits bona fide discount programs based on gender
classifications so long as such programs are not designed, intended or used to
deny any individual or group access to the premises or the right to patronize the
premises and such program is for a limited period of time.

(d) Nothing in this section shall alter or affect the Insurance Code of the State of
Florida or any other law or provision of the State, County or municipalities which
governs health care service plans or insurer underwriting or rating practices.

(Ord. No. 97-53, § 1, 5-20-97)

Sec. BA-403.- Procedures for filing a complaint.

Any customer aggrieved by a violation of this article may file a written complaint with the
Department. The Department shall act upon the complaint in accordance with the Department's
established complaint procedures.

(Ord. No. 97-53, § 1, 5-20-97)

Sec. BA-404.- Acceptance of assurances of compliance; enforcement procedures; remedies; attorney's

fees; costs.

(a) The procedures for accepting assurances of compliance that are set out in Section
8A-82.1 of the Code of Miami-Dade County, as amended, are incorporated herein
and shall be the procedures for accepting assurances of compliance for this article.

(b) The enforcement procedures, remedies, attorney's fees and costs, that are set out
in Section BA-124 of the Code of Miami-Dade County, as amended, are
incorporated herein and shall be the enforcement procedures, remedies,
attorney's fees and costs for this article.

(Ord. No. 97-53, § 1, 5-20-97)

2 of3 7/11/2019, 3:54 PM

Miami - Dade County, FL ode of Ordinances about:blank

Sec. BA-405.- Private cause of action.

(a) Any person who suffers a loss as result of a violation of any provision of this article
may, in addition to any other available remedy, recover compensatory damages,
attorney's fees and court costs from the person committing the violation.

(b) Any person who proves the violation of any provision of this article occurred
willfully or in bad faith shall recover from the person committing the violation as
compensatory damages threefold the actual damages sustained or two hundred
dollars ($200.00), whichever is greater, in addition to any other recovery available
under law or this article.

(Ord. No. 97-53, § 1, 5-20-97)

Secs. SA-406-SA-410. - Reserved.

3 ofJ 7/11/2019. 3:54 PM