Ken Shelin

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 others 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 Citys reputation as a growing, vibrant and
diverse community
Contributes to quality of life so important to location
of businesses
Relevant Data
2000 US census date documented 380,000 households
identified as unmarried couples. 90% were identified
as opposite sex couples
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 major
increase over 2000
In the City of Tampa, census data documents that
there are over 9000 such households
Since Sarasotas DPR went into effect October of 2012,
240 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 Floridas
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
Gainesville
Key West
Miami Beach
Miami-Dade County
Also Orlando, St. Petersburg, South Beach, Tampa, West
Palm Beach, City of Sarasota, Venice, Palm Beach County
,Clearwater, Gulfport, Volusia County, Sarasota County,
North Port, Punta Gorda
Over half Floridas population lives in cities and counties
covered by domestic partnership registries
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 Asst City Clerk, 4/20/2012
Sarasota Domestic Partnership
Registry Ordinance
Approved 10/15/2012
Registrations started 11/6/2012
Provides for recognition of domestic partners
registered in other jurisdictions and reciprocity
Provides that if Sarasota County establishes a similar
domestic partner registry the City will collaborate with
County on possible creation of a joint registration
system
Provides for filing of registrations with the Sarasota
County Clerk of the Circuit Court
Whats Next?
Were requesting that the Cape Coral City Council
direct the City Attorney to draft an ordinance and
schedule it for public hearings. We then ask the City
Council to adopt the draft ordinance after due
consideration in order to create these simple,
effective and inexpensive mechanisms for couples in
a committed and loving relationship to provide for
and protect one another during lifes difficult times.
Kcs 6/22/2014