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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 1 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