Broward County Commission Regular Meeting

MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, RELATING TO THE PROHIBITION OF CONVERSION THERAPY ON MINORS; CREATING ARTICLE IX, OF CHAPTER 16½, ENTITLED "PROHIBITION OF CONVERSION THERAPY ON MINORS"; CREATING SECTIONS 16½-166 THROUGH 16½-169 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 8½-16 TO PROVIDE FOR INCLUSION OF PENALTIES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

ACTION:  (T-11:45 AM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.

VOTE:  8-0.  Commissioner Geller was not present.
 

(Sponsored by Commissioner Nan H. Rich, Mayor Beam Furr, Vice-Mayor Mark D. Bogen, and Commissioners Michael Udine, Steve Geller, Tim Ryan, Barbara Sharief, and Dale V.C. Holness)

A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of December 12, 2017.

Amends the Code to prohibit a Provider from engaging in conversion therapy with minors.

Conversion therapy or reparative therapy is counseling performed with the goal of changing an individual's sexual orientation or gender identity, including, but not limited to, efforts to change behaviors, gender identity, or gender expression, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender or sex. The overwhelming research demonstrates that sexual orientation and gender identity change efforts pose critical health risks to lesbian, gay, bisexual, transgender, gender nonconforming, or gender-questioning persons, and that being lesbian, gay, bisexual, transgender, gender nonconforming, or gender-questioning is not a mental disease, mental disorder, mental illness, deficiency, or shortcoming. Broward County has a compelling interest in protecting the physical and psychological well-being of minors, including but not limited to lesbian, gay, bisexual, transgender, gender nonconforming, and gender-questioning youth, and in protecting its minors against exposure to serious harms caused by sexual orientation and gender identity change efforts.

On November 14, 2017, the Board of County Commissioners (the "Board") directed the Office of the County Attorney to research an ordinance prohibiting conversion therapy on minors.

The Office of the County Attorney has evaluated ordinances related to prohibiting conversion therapy from multiple local and state jurisdictions throughout the United States. The proposed Ordinance prohibits a person licensed by the state of Florida to provide professional counseling, or who performs counseling as part of his or her professional training, from engaging in conversion or reparative therapy with a minor. A violation of the proposed Ordinance is a civil penalty of $250 for the first violation and $500 for each repeat violation. Violations are enforced through the alternate Code Enforcement procedure provided for in Chapter 8½ of the Code. The proposed Ordinance is not intended to prohibit licensed mental health professionals from engaging in expressive speech or religious counseling with minors if the professionals are acting in their pastoral or religious capacity as members of the clergy or as religious counselors.

Adam Katzman, Assistant County Attorney, (954) 357-7600