Ordinance 022-2015ORDINANCE NO. 022 - 2015
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
PERTAINING TO HUMAN TRAFFICKING; REQUIRING
THE POSTING OF HUMAN TRAFFICKING PUBLIC
AWARENESS SIGNS AT SPECIFIED LOCATIONS;
PROVIDING FOR DEFINITIONS; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF LAWS IN CONFLICT;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR CAPTIONS;
PROVIDING FOR APPLICABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, human trafficking is a form of modern -day slavery, which involves the
exploitation of persons for commercial sex or forced labor and often subjects victims to force,
fraud and coercion; and
WHEREAS, while many victims of human trafficking are forced to work in prostitution
or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such
as domestic servitude and restaurant, janitorial, sweatshop factory and agricultural work; and
WHEREAS, traffickers use various techniques to instill fear in victims to keep them
enslaved such as isolation, threats of imprisonment and deportation, confiscation of passports,
visas or other identification documents and threats of violence toward victims or their families;
and
WHEREAS, Chapter 2015 -172, Laws of Florida ( "LOF "), creates a new statute, F.S.
787.29, effective January 1, 2016, which authorizes counties to adopt ordinances requiring adult
entertainment establishments to post human trafficking public awareness signs in conspicuous
locations within such establishments; and
WHEREAS, victims of human trafficking are often foreign born nationals whose native
language is not English; and
WHEREAS, Spanish and Haitian Creole are two of the most predominant languages
spoken in Monroe County other than English; and
WHEREAS, Chapter 2015 -179, LOF establishes a maximum penalty for failing to post
such a sign as a noncriminal violation punishable by a fine only as provided in F.S. 775.083; and
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WHEREAS, the County is preempted by ch. 2015 -179, LOF, from imposing penalties
that are more severe than a $500 fine, see, City of Hollywood v. Mulligan, 934 So.2d 1238, 1247
(Fla. 2006); and
WHEREAS, ch. 2015 -179, LOF vests counties as the local government with the
exclusive authority to adopt an ordinance that requires adult entertainment establishments to post
human trafficking awareness signs,
WHEREAS, it is the intention of the County Commission that this ordinance shall be
effective countywide; and
WHEREAS, under Article VIII, Section 1(f) of the Florida Constitution, the Board of
County Commissioners has the authority to legislate on the an issue that impacts the health,
safety and welfare of its citizens on a county -wide basis; and,
WHEREAS, the Board of County Commissioners finds that it will serve the public
health, safety and welfare of the citizens of Monroe County to inform the public as to the
existence of human trafficking and the reporting thereof through the placement of signs in certain
establishments;
WHEREAS, since this ordinance is intended to implement ch. 2015 -179, LOF, that for
purposes of consistency, the terms used in the ordinance shall have the same meaning as the
terms defined in chapter 847, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
Section 1. Definitions
To the extent allowed by Florida law, all terms used in this ordinance shall have the same
meaning as those terms are defined in F.S. 847.001.
Section 2. Awareness Signs
A. Required Sign Location. The employer at each of the following establishments shall display
public awareness signs in a conspicuous location that is clearly visible to the public and
employees of the establishment:
(1) A strip club or other adult entertainment establishment.
AN
(2) A business or establishment that offers massage or bodywork services for compensation
that is not owned by a health care profession regulated pursuant to Chapter 456, Florida
Statutes, and defined in F.S. 456.001.
B. Sign Dimensions. The required public awareness sign must be at least 8.5 inches by 11 inches
in size, must be printed in at least a 16 -point type, and must state substantially the following
in English, Spanish, and Haitian Creole:
"If you or someone you know is being forced to engage in an
activity and cannot leave- whether it is prostitution, housework,
farm work, factory work, retail work, restaurant work, or any
other activity -call the National Human Trafficking Resource
Center at 1- 888 -373 -7888 or text INFO or HELP to 233 -733 to
access help and services. Victims of slavery and human
trafficking are protected under United States and Florida law."
Posted Pursuant to F.S. 787.29 and Monroe County Code §
(Insert section #)
C. Enforcement.
(1) It is unlawful to violate any provisions this Ordinance. Any violation of this ordinance
shall be a noncriminal violation, punishable by a fine only as provided in Section 775.083,
Florida Statutes.
(2) Any state, county, or municipal law enforcement or code enforcement office may issue a
civil citation for a violation of this ordinance.
(3) The County Court shall have jurisdiction to hear violations of this ordinance.
Section 3. Severability
If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason
held by a Court of competent jurisdiction to be unconstitutional, inoperative, or void, such
holding shall not affect the remainder of this Ordinance.
Section 4. Repeal of Laws in Conflict
All local laws and ordinances in conflict with any provisions of this Ordinance are hereby
repealed to the extent of such conflict.
Section 5. Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Monroe County Code.
The sections of this Ordinance may be renumbered or re- lettered to accomplish such, and the
word "ordinance" may be changed to "chapter ", "section," "article," or other appropriate word.
3
Section 6. Captions
The captions, section headings, and section designations used in this Ordinance are for
convenience only and shall have no effect on the interpretation of the provisions of this
Ordinance.
Section 7. Applicability
This Ordinance shall apply throughout the county including the incorporated areas to the extent
authorized by ch. 2015 -179, Laws of Florida.
Section 8. Effective Date
This Ordinance shall become effective on January 1, 2016. This Ordinance shall be filed with the
Department of State by the County Clerk.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting of said board held on the 21st day of October, 2015.
Mayor Danny L. Kolhage
Mayor Pro Tern Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Commissioner Sylvia Murphy
Yes
Yes
Yes
Not Present
V--
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Danny L. Kolhage
ZK MONFPFR COUNTY ATTORNEY
4
NOTICE OF INTENTION TO
• CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS hbi EBY GIVEN
TO WHOM IT MAY CONCERN
th3:00 onP. October 1,2015 at krt" "''ST STATE OF FLORIDA
thereafter P.M.,or as soon
Comas may bh heard,in E COUNTY OF MONROE
the Commission Chambers eper,Est.1876
located in the Marathon s, LLC
Government Center,2798
Overseas Highway,Marathon, Before the undersigned authoritypersonallyappeared TommyTodd, who on
Monroe County,Florida,the g pp
Board of County oath says that he is Advertising Director of the Key West Citizen, a daily
Commissioners of Monroe
County,Florida,intends to 7 newspaper published in Key West, in Monroe County, Florida; that the
consider the adoption of the attached copy of advertisement, being a legal notice in the matter of
following County ordinance:
AN ORDINANCE OF THE ,m
n l f AOri-
BOARD OF COUNTY (-� )
COMMISSIONERS OF
MONROE COUNTY, R ` 1 Pc� e ` l Avin
FLORIDA,PERTAINING TO v 1 � A)
HUMAN TRAFFICKING;
REQUIRING THE POSTING
OF HUMAN AWARENESSTRAFFICSIGG waspublished in said newspaper in the issues of
PUBLIC SIGNS issue(s)
AT SPECIFIED LOCATIONS;
PROVIDING FOR
DEFINITIONS; PROVIDING Q f AS/YAYeA,
FOR ENFORCEMENT;
PROVIDING FOR
SEVERABILITY; PROVIDING Affiant further says that the Key West Citizen is a newspaper published in
FOR REPEAL OF LAWS IN
CONFLICT; PROVIDING FOR Key West, in said Monroe County, Florida and that the said newspaper has
INCLUSION LAWS AND OTD CODDES E OF
heretofore been continuously published in said Monroe County, Florida every
PROVIDING FOR CAPTIONS; day, and has been entered as second-class mail matter at the post office in Key
PROVIDING FOR APPLICABILITY;AND West, in said Monroe County, Florida, for a period of 1 year next preceding
PROVIDING FOR AN the first publication . • - attached copy of advertisement; and affiant further
EFFECTIVE DATE.
says that he has - ther pai s 'r promised any p- -: , , corporation any
Pursuant to Section discount, rebate commission • refund : thethis
286.0105,Florida Statutes, purpose o securing
notice is given that if a person .i advertisement 'or publication in the said - -wspaper.
decides to appeal any decision
made by the Board with respect
to any matter considered at
such hearings or meetings, he
will need a record of the # /
proceedings.and that.for such _
purpose,he may need to nature of Affiant
ensure that a verbatim record of
the proceedings is made,which
record includes the testimony
and evidence upon which the Sworn and subscribed beforethis
me
appeal is to be based. -Z.3 day of September,2015
ADA ASSISTANCE: If you
are a person with a disability DAWN KAWZINSKY
who needs special 4% NOTARY PUBLIC
accommodations in order to Notary Public: EP
s STATE OF FLORIDA
participate in this proceeding,
please contact the County
Comm#EE157233
Administrator's Office,by 4t E 10 Expires 1/4/2016
phoning(305)292-4441,
between the hours of 8:30 a.m. N.
-5:00 p.m., no later than five(5)
calendar days prior to the
scheduled meeting;if you are Dawn Kawzinsky
hearing or voice impaired,call
"711". Expires: 1/4/16 Notary Seal
Dated at Key West, Florida,this
16th day of September,2015.
AMY HEAVILIN,
Clerk of the Circuit Court Personally Known x Produced Identification
and ex officio Clerk of the
Board of County Type of Identification Produced
Commissioners of Monroe
County, Florida
September 23,2015
Key West Citizen
Ad#1981222
F L O R I D A KEYS NOTICE OF INTENTION TO
KEYNOTERCONSIDER COUNTY ORDINANCE
OF
Published Twice Weekly NOTICE IS HEREBY GIVEN
Marathon, Monroe County, Florida TO WHOM IT MAY CON-
CERN that on October 21,
2015 at 3:00 P.M.,or as soon
thereafter as may be heard,
PROOF OF PUBLICATION in the Commission Cham-
bers located in the Marathon
Government Center,
STATE OF FLORIDA 2798 Overseas Highway,
Marathon,Monroe County,
COUNTY OF MONROE Florida, the Board of County
Commissioners of Monroe
Before the undersigned authority personally County, Florida,intends to
appeared RICHARD TAMBORRINO who on consider the adoption of the
oath, says that he is PUBLISHER of the following County ordinance:
FLORIDA KEYS KEYNOTER, a twice weekly AN ORDINANCE OF THE
newspaper published in Marathon, in Monroe BOARD OF COUNTY COM-
County, Florida: that the attached copy of MISSIONERS OF MONROE
COUNTY,FLORIDA,PER-
advertisement was published in said TAINING TO HUMAN TRAF-
newspaper in the issues of: (date(s) of FICKING;REQUIRING THE
POSTING OF HUMAN TRAF-
publication) FICKING PUBLIC AWARE-
pu1 tom( <37 (2 LONECS ASIGNS AT SPECIFIEDDING
i l LOCATIONS; PROVIDING
FOR DEFINITIONS;PROVID-
ING FOR ENFORCEMENT;
PROVIDING FOR
SEVERABILITY; PROVIDING
FOR REPEAL OF LAWS IN
Affiant further says that the said FLORIDA CONFLICT; PROVIDING FOR
INCLUSION IN THE CODE OF
KEYS KEYNOTER is a newspaper published at LAWS AND ORDINANCES;
Marathon, in said Monroe County, Florida, and PROVIDING FOR CAPTIONS;
PROVIDING FOR APPLICA-
that the said newspaper has heretofore been BILITY;AND PROVIDING
continuously published in said Monroe County, FOR AN EFFECTIVE DATE.
Florida, twice each week (on Wednesday and Pursuant to Section 286.0105,
Saturday) and has been entered as a second Florida Statutes,notice is giv-
class mail matter at the post office in en that if a person decides to
Marathon, in Monroe County, Florida, for a appeal any decision made by
the Board with respect to any
period of one year next preceding the first matter considered at such
publication of the attached copy of hearings or meetings,he will
advertisement. The affiant further says that need a record of the proceed-
he has neither paid nor promised any person, proceed-
ings, that,feed tooh nsur
pose,he may need ensure
firm, or corporation any discount, rebate, that a verbatim record of the
commission or refund for the purpose of proceedings is made,which
record includes the testimony
securing this advertisement for publication in and evidence upon which the
the said newspaper(s) and that The Florida appeal is to be based.
Keys Keynoter is in full compliance with ADA ASSISTANCE:If you
Chapter 50 of the Florida State Statutes on are a person with a disability
Legal fficia Advertisements. who needs special accom-
modations in order to partici-
pate in this proceeding,
f please contact the County
// Administrator's Office,by
/�` phoning(305)292-4441,
Ric and Ta borrino, Publish r between the hours of 8:30
a.m.-5:00 p.m.,no later than
five(5)calendar days prior
Sworn to and subscribed before me this to the scheduled meeting;
if you are hearing or voice
J impaired,call"711".
Day of /��/7�`�(�, 2015 Dated at Key West,Florida,
this 16th day of September,
4t.er(6y/ (eV,6'y2015.
AMY HEAVILIN,Clerk of the
'Notary Circuit Court and ex officio
Clerk of the Board of County
(SEAL) Commissioners of Monroe
County,Florida
'at y'•• Published September 23,2015
41 MY COMMISSION N FFE108704 Florida Keys Keynoter
fr,;. .'71 EXPIRES:April 18,2018
',„oF.m Bonded Thru Notary Public Underwriters
Ad#1981224
THE REPORTER CE OF INTENTION TO
CONISIDER ADOPTION OF
COUNTY ORDINANCE
Published Weekly NOTICE IS HEREBY GIVEN
WTavernier, Monroe County, Florida CERNIiONt that on MAYIT beOr 21,
2015 at 3:00 P.M.,or as soon
ard,
PROOF OF PUBLICATION thereafter mabeha
in the Commission Cham-
bers located in the Marathon
Government Center,
STATE OF FLORIDA 2798 Overseas Highway,
Marathon,Monroe County,
COUNTY OF M O N RO E Florida, the Board of County
Before the undersigned authoritypersonally Commissionerss of intendsMonr to
9 p Y County,Florida, to
appeared RICHARD TAMBORRINO who on consider the adoption of the
oath, says that he is PUBLISHER of THE following County ordinance:
REPORTER, a weekly newspaper published in AN ORDINANCE OF THE
Tavernier, in Monroe County, Florida: that the BOARD OF COUNTY COM-
MISOF
attached copy of advertisement was published in NOTY,FLORIDA,PER-E
said newspaper in the issues of: (date(s) of TAINING TO HUMAN TRAF-
publication) FICKING; REQUIRING THE
POSTING OF HUMAN TRAF-
FICKING PUBLIC AWARE-
NESS SIGNS AT SPECIFIED
��� �/ 2LOCATIONS;PROVIDING
FOR DEFINITIONS;PROVID-
ING FOR ENFORCEMENT;
PROVIDING FOR
SEVERABILITY; PROVIDING
FIN
Affiant further says that the said THE CONFLICT;OR REPEAL OO LAWS FOR
� PROVIDING FOR
REPORTER is a newspaper published at INCLUSION IN THE CODE OF
Tavernier, in said Monroe County, Florida, and LAWS AND ORDINANCES;
PROVIDING FOR CAPTIONS;
that the said newspaper has heretofore been PROVIDING FOR APPLICA-
continuously published in said Monroe County, BILITY;AND PROVIDING
Florida, each week (on Friday) and has been FOR AN EFFECTIVE DATE.
entered as a second class mail matter at the Pursuant to Section 286.0105,
post office in Tavernier, in Monroe County, Florida Statutes,notice is giv-
en that if a person decides to
Florida, for a period of one year next preceding appeal any decision made by
the first publication of the attached copy of the Board with respect to any
that he matters r considered at such
advertisement. The affiant further says
� hearings or meetings,he will
has neither paid nor promised any person, firm, need a record of the proceed-
or corporation any discount, rebate, commission trigs,and that,for such ns
pose,he may need to ensure
or refund for the purpose of securing this , that a verbatim record of the
advertisement for publication in the said proceedings is made,which
mony
newspaper(s) and that The THE REPORTER is record includes the whitestch the
and evidence upon which the
in full compliance with Chapter 50 of the Florida appeal is to be based.
State Statutes on Legal and Official ADA ASSISTANCE: If you
Advertis epts. j are a person with a disability
/ who needs special accom-
4 /!' / __ _1 modations in order to partici-
i. /, pate in this proceeding,
/ ' . ,i . �� please contact the County
Administrator's Office,by
Richard Tam orrino, Publisher phoning(305)292-4441,
between the hours of 8:30
Sworn to and subscribed before me this a.m.-) 00 calendarp.m. no later than
five(5) days prior
�J� to the scheduled meeting;
' - Day of t , 2015 if you are hearing or voice
impaired,call"711".
Dated at Key West,Florida,
(;,/,--‘1' ,6r.v
this 16th day of September,
2015.
jp&
ry AMY HEAVILIN,Clerk of the
Circuit Court and ex officio
(SEAL) Clerk of the Board of County
Commissioners of Monroe
County,Florida
.ig4f(Ys�, BEVERLYTRAEGER
p i MY COMMISSION#FF 108704 Published September 25,2015
°t ifri,i 4 + EXPIRES:April 18,2018 The Reporter
� J2f 4 Bonded rnruNotaryPubi Undenvrders Tavernier,FL 33070
w
FLORIDA DE PARTMENT Of STA
RICK SCOTT
Governor
November 5, 2015
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 022 -2015, which was filed in this office on November 4,
2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.tl.us