Ordinance 027-2015ORDINANCE NO. 027 - 2015
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
PERTAINING TO HUMAN TRAFFICKING; REQUIRING
THAT ADULT ENTERTAINMENT WORKERS OBTAIN
WORKER IDENTIFICATION CARDS AFTER PROVIDING
AGE VERTIFICATION; PROVIDING FOR DEFINITIONS;
PROVIDING FOR GENERAL REQUIREMENTS;
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, 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, except within the territorial jurisdiction
of a municipality which has adopted an ordinance in conflict; 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 require adult entertainment
performers to obtain a worker identification card after providing age verification; 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 ensure that minors are not
employed in the adult entertainment establishments in Monroe County: and,
WHEREAS, Board of County Commissioners finds that requiring worker's
identification cards will in the prohibition of human trafficking in Monroe County;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
Section 1. Definitions
The following words, phrases, or terms when used in this Ordinance shall, unless the content
otherwise indicates, have the meanings provided below:
A. Adult means a person 18 years of age or older.
B. To the extent permitted by Florida law, the term Adult Entertainment Establishment shall
have the same meaning as that term is defined in F.S. 847.001.
C. Bodywork Services means services involving therapeutic touching or manipulation of the
body using specialized techniques.
D. Business or establishment means any place of business or any club, organization, person,
firm, corporation or partnership, wherein massage or bodywork services are provided and such
establishment is not owned by a health care profession regulated pursuant to Chapter 456,
Florida Statutes, and defined in F.S. 456.001.
E. Human trafficking means transporting, soliciting, recruiting, harboring, providing, enticing,
maintaining, or obtaining another person for the purpose of exploitation of that person regulated
pursuant to Chapter 787, Florida Statutes, and defined in F.S. 787.06.
F. Manager means an adult whom the owner or operator has placed in charge of the business or
establishment for daily and routine operations.
G. Massage services means the manipulation of the soft tissues of the human body with the
hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy, including
colonic irrigation, or thermal therapy; any electrical or mechanical device; or the application to
the human body of a chemical or herbal preparation.
H. Performer means any adult who provides services designed to appeal to erotic or sexual
appetites or inclinations at an adult entertainment establishment in pursuance of a trade, calling,
business or occupation.
Section 2. Worker Identification Card
A. Worker identification card required. No adult shall act as a performer in an adult
entertainment establishment without having previously obtained a worker identification card
from the Monroe County Tax Collector.
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B. Application for worker identification card. An application for worker identification card
shall be submitted to the Monroe County Tax Collector on a form created by the Tax
Collector which contains the following information:
(1) The applicant's full name;
(2) Any other names including "stage" names or aliases used by the applicant;
(3) The applicant's date of birth;
(4) The applicant's height and weight;
(5) A photograph of the applicant, provided by the applicant of a size
approximating a passport picture size;
(6)The applicant's present residence address and telephone number;
(7) Proof that the applicant is at least eighteen (18) years old by submittal of two
(2) of the following:
a. Original birth certificate;
b. Original passport or visa which includes date of birth;
c. Original driver's license;
d. Original Florida ID Card;
e. Any other original photo ID, which includes the applicant's date of birth.
C. False statement or false information in applying for a worker identification card. It
shall be unlawful for any person applying for a worker identification card to make a false
statement or otherwise provide false information which is intended to facilitate the issuance
of same.
D. Fees. The applicant shall pay an annual worker's identification card fee of $225.00 with
each new request for a worker identification card. The fee is payable each year starting July
1. The fee becomes delinquent on October 1 if not paid of every year. If the fee is not paid
on or before October 1 then penalty fees as set forth by the Tax Collector shall apply.
E. Issuance of worker identification card. The Tax Collector is responsible for verifying all
information contained on an application for a worker identification card. Upon determining
that the worker identification card should be issued, the Tax Collector shall immediately
render a work identification card to the applicant. Said worker identification card shall
include the applicant's name, photograph, which was provided by the applicant, and card
number. Should the Tax Collector determine that the proof submitted with the application
for the worker identification card as required hereinabove is not satisfactory; the Tax
Collector shall deny issuance of said worker identification card and shall provide written
notification to the applicant stating the reason(s) for any such denial. The issuance of the
Tax Collector's written notification shall be the final administrative action of the County.
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F. Retention of worker identification card. All persons required pursuant to this Code to
obtain a work identification card shall keep same on their person or with their personal
belongings at all times while performing at an adult entertainment establishment. The adult
entertainment establishment shall retain a photocopy of all worker identification cards issued
to performers performing at said establishment. Worker identification cards and photocopies
of worker identification cards shall be made available to law enforcement officers or code
compliance officers for inspection upon reasonable notice and at reasonable times.
G. Appeal. In the event that an applicant for a worker identification card is denied, said
applicant may request emergency injunctive relief from the Circuit Court of the Sixteenth
Judicial Circuit of the State of Florida. Due to the overriding public interest in not having
minors perform in adult entertainment establishments and to prohibit human trafficking, no
provisional worker identification cards shall be issued by the Tax Collector.
H. Transfer of worker identification card prohibited. A worker identification card shall not
be transferred from one person to another; however, the person to whom the worker
identification card was issued may utilize that card in any and all licensed adult
entertainment establishments.
I. Alteration of worker identification card prohibited. It shall be unlawful for any person to
alter or otherwise change the contents of a worker identification card without the written
permission of the Tax Collector.
J. Requirement of managers, owners, and operators to verify worker identification cards
of performers. Persons managing, owning, or operating an adult entertainment
establishment may not allow performers to perform in said establishment without a worker
identification card. Any person managing, owning or operating an adult entertainment
establishment shall verify that any performer performing in said adult entertainment
establishment is eighteen (18) years of age or older.
K. Enforcement. Any state, county or municipal law enforcement officer is authorized to
enforce this ordinance pursuant to F.S. 901.15(1).
L. Penalties and Remedies.
(1) Any person who violates this ordinance shall, upon conviction, be punished by a
maximum of 60 days in jail and /or $500 fine. If the person convicted is an owner, manager,
and /or operator of an adult entertainment establishment, the Clerk shall notify the Tax
Collector, the County Attorney, and the City Attorney for the municipality in which the
establishment is located, if any.
(2) In addition to any penalty imposed upon a person found in violation of this ordinance,
the County Attorney and /or the City Attorney for the municipality where the establishment
in which the violation is alleged to have occurred may seek injunctive relief against the
establishment.
M. Juveniles. It is the intention of the Board that all adults found in violation be punished
pursuant to the penalties set forth in this ordinance but that any juvenile determined to be in
violation be treated as a victim and not be punished.
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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.
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 Monroe County except within a municipality which has
enacted an ordinance in conflict with this ordinance.
Section 8. Effective Date
This Ordinance shall take effect upon filing with the Department of State by the Clerk.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting of said board held on the 17` day of November,
2015.
Mayor Heather Carruthers
Yes
Mayor Pro Tem George Neugent
Absent
Commissioner Danny L. Kolhage
Yes
Commissioner David Rice
Yes
Commissioner Sylvia Murphy
Yes
BOARD OF COUN Y COMMISSIONERS
OF MONROE CO T RI
BY:
Mayo .
Heather Carruthers
�w
5
DANISE D. HENRIQUEZ, CFC
Monroe County Tax Collector
1200 Truman Ave. Ste. 101 Key West, FL 33040
P.O. Box 1129, Key West, FL 33041(305)x95 -5063 or (305)295 -5061 Fax (305)295 -5020
WORKER IDENTIFICATION CARD
Date:
Full Name:
(First, muddle, last)
Stage name or aliases:
Current Address:
City: State: Zip
Current Mailing Address:
City: State: Zip:
Telephone # Email address:
Date of Birth:
Sex:
Height:
Weight:
Hair Color: Eye Color
IT SHALL BE UNLAWFUL FOR ANY PERSON APPLYING FOR A WORKER IDENTIFICATION CARD TO
MAKE A FALSE STATEMENT OR OTHERWISE PROVIDE FALSE INFORMATION WHICH IS INTENDED
To FACILITATE THE ISSUANCE OF SAME.
Applicant's Signature:
STAFF USE ONLY
APPROVED ISSUE DATE: PROOF OF AGE:
DENIED ACCOUNT # DRIVERS LICENSE #
STAFF INITIALS: OTHER H) (typd#)
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNT`! ORDINANCE
NOTICE IS HEREBY' GIVEN
TO WHOM IT MAY CONCERN
that on November 17, 2015 at
3:00 P.M., or as soon
thereafter as may be heard, in
the Commission Chambers
located in the Harvey
Government Center, 1200
Truman Avenue, Key West,
Monroe County, Florida, the
Board of County
Commissioners of Monroe
County, Florida, intends to
consider the adoption of the
following County ordinance:
ZEN STATE OF FLORIDA
,par, Est. 1878 COUNTY OF MONROE
LLC
AN ORDINANCE OF THE M
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY,
FLORIDA, PERTAINING TO
HUMAN TRAFFICKING;
REQUIRING THAT ADULT
ENTERTAINMENT WORKERS
OBTAIN WORKER
IDENTIFICATION CARDS
AFTER PROVIDING AGE
VERTIFICATION; PROVIDING
FOR DEFINITIONS;
PROVIDING FOR GENERAL
REQUIREMENTS;
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.
Pursuant to Section 286.0105,
Florida Statutes, notice is given
that it a person 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
ensure that a verbatim record of
the proceedings is made, which
record includes the testimony
and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you are a
person with a disability who
needs special accommodations
in order to participate in this
proceeding, please contact the
County Administrator's Office,
by phoning (305) 292 -4441,
between the hours of 8:30 a.m.
-5 ' 00 p.m., no later than five (5)
calndar days prior to the
scheduled meeting; if you are
hearing or voice impaired, call
"711 ".
Dated at Key West, Florida, this
23rd day of October, 2015.
AMY HEAVILIN,
Clerk of the Circuit Court
and ex officio Clerk of the Board
of \'ounty Cr- alQissioners of
Monroe County, - Iorida
Before the undersigned authority personally appeared Tommy Todd, who on
oath says that he is Advertising Director of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the
attached copy of advertisement, being a legal notice in the matter of
1(,
- I - ) bu
was published in said newspaper in the issue(s) of
�6 Z`7. Zo;1r
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, and has been entered as second -class mail matter at the post office in Key
West, in said Monroe County, Florida, for a period of 1 year next preceding
the first publication of the c e y of adv ement; d affiant further
says that he has neither aid nor promis d person, firm or c rporation any
discount, rebate, co ission or refu for the purpose of ecuring this
advertisement for Du lication in the s d n wsiwer.
of
V
Sworn and subscribed before me this ?7 day of A X 2015
Notary Public:
DAWN KAWZINSKY
NOTARY PUBLIC
STATE OF FLORIDA
(b Comm# EE157233
J JJJ s E 1 Expires 1/4/2016
Dawn Kawzinsky
Expires: 1/4/16
Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
October 27, 2015
Kev West Citizen
Ad# 2055969
NOTICE OF INTENTION TO
F L O R I DA K E Y S CONSIDER ADOPTION OF
KEYNOTER COUNTY ORDINANCE
NOTICE IS HEREBY
Published Twice Weekly TO WHOM T MAY
CON-
Marathon, Monroe County, Florida CERN that on November 17,
2015 at 3:00 P.M., or as soon
thereafter as may be heard,
ion Cham-
PROOF OF PUBLICATION berslo the Harvey
Government Center, 1200
Truman Avenue, Key West,
STATE OF FLORIDA Monroe County, Florida, the
of County COUNTY OF MONROE Board
Before the undersigned authority personally intends to consider the adop-
appeared RICHARD TAMBORRINO who on o r di of the following County
ordinance:
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice weekly AN ORDINANCE OF THE
newspaper published in Marathon, in Monroe BOARD OF COUNTY COM-
Florida: that the attached co of COUN FL ORIDA, OF MONROE
County, PY COUNTY, FL PER -
advertisement was published In said TAINING TO HUMAN TRAF-
newspaper in the issues of: (date(s) of FICKING; REQUIRING THAT
ADULT ENTERTAINMENT
publication) WORKERS OBTAIN WORK-
ER IDENTIFICATION CARDS
AFTER PROVIDING AGE
i VERTIFICATION; PROVIDING
FOR DEFINITIONS; PROVID-
ING FOR GENERAL RE-
QUIREMENTS; PROVIDING
FOR ENFORCEMENT; PRO -
Affiant further says that the said FLORIDA VIDING FOR SEVERABILITY;
KEYS KEYNOTER is a newspaper published at PROVIDING FOR REPEAL
Marathon in said Monroe County, Florida, and PR LAWS CONFLICT;
Marathon, PROVIDING FOR INCLUSION
that the said newspaper has heretofore been IN THE CODE OF LAWS AND
continuously published in said Monroe County, ORDINANCES; PROVIDING
on Wednesday and FOR CAPTIONS; PROVIDING
Florida, twice each week
( Y FOR APPLICABILITY; AND
Saturday) and has been entered as a second PROVIDING FOR AN EFFEC-
class mail matter at the post office in TIVE DATE.
Marathon, in Monroe County, Florida, for a
Pursuant to Section 286.0105,
period of one year next preceding the first Florida Statutes, notice is giv-
publication of the attached copy of en that if a person decides to
advertisement. The affiant further says that appeal any decision made by
he has neither paid nor promised any person the Board with respect to any
matter considered at such
firm, or corporation any discount, rebate, hearings or meetings, he will
commission or refund for the purpose of need a record of the proceed -
securing this advertisement for publication in p and that, for such
pose, he may need to ensure
the said newspaper(s) and that The Florida that a verbatim record of the
Keys Keynoter is in full compliance with proceedings is made, which
Chapter 50 of the Florida State Statutes on record includes the testimony
and evidence upon which the
Lega vertisements. appeal is to be based.
ADA ASSISTANCE: If you
f are a person with a disability
who needs special accom-
RIC and Ta borrino Publish r modations in order to partici-
pate in this proceeding,
please contact the County
Sworn to and subscribed before me this Administrator's Office, by
� phoning (305) 292 -4441, be-
tween the hours of 8:30 a.m.
6X0 Day of ' 201 S - 5:00 p.m., no later than five
(5) calendar days prior to the
Z, scheduled meeting; if you
r are hearing or voice
--7 �� impaired, call "711 ".
Notary ` Dated at Key West, Florida,
(SEAL) this 23rd day of October, 2015.
AMY HEAVILIN, Clerk of the
Circuit Court and ex officio
Clerk of the Board of County
M TRAEGER Commissioners of Monroe
ION # FF 108704 y, Count Florida
p u�U dUerw,#., (SEAL)
Published October 28, 2015
Florida Keys Keynoter
Ad# 2055970
THE REPORTER
Published Weekly
Tavernier, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally
appeared RICHARD TAMBORRINO who on
oath, says that he is PUBLISHER of THE
REPORTER, a weekly newspaper published in
Tavernier, in Monroe County, Florida: that the
attached copy of advertisement was published in
said newspaper in the issues of: (date(s) of
pubh ation) 7 J,
Affiant further says that the said THE
REPORTER is a newspaper published at
Tavernier, in said Monroe County, Florida, and
that the said newspaper has heretofore been
continuously published in said Monroe County,
Florida, each week (on Friday) and has been
entered as a second class mail matter at the
post office in Tavernier, in Monroe County,
Florida, for a period of one year next preceding
the first publication of the attached copy of
advertisement. The affiant further says that he
has neither paid nor promised any person, firm,
or corporation any discount, rebate, commission
or refund for the purpose of securing this
advertisement for publication in the said
newspaper(s) and that The THE REPORTER is
in full compliance with Chapter 50 of the Florida
State Statutes on Leaal and Official
Advertis ts. V
Richard Tam orrino, Publisher
Sworn to and subscribed before me this
Day of G�T`�w 2015
Notary (�-
(SEAL)
BMRLYTRAEGER
:.: MY COMMISSION # FF 108704
a•- EXPIRES: April 18, 2018
"•` Bonded Thru Notary Pubk Underwriters
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CON-
CERN that on November 17,
2015 at 3:00 P.M., or as soon
thereafter as may be heard,
in the Commission Cham-
bers located in the Harvey
Government Center, 1200
Truman Avenue, Key West,
Monroe County, Florida, the
Board of County Commission-
ers of Monroe County, Florida,
intends to consider the adop-
tion of the following County
ordinance:
AN ORDINANCE OF THE
BOARD OF COUNTY COM-
MISSIONERS OF MONROE
COUNTY, FLORIDA, PER-
TAINING TO HUMAN TRAF-
FICKING; REQUIRING THAT
ADULT ENTERTAINMENT
WORKERS OBTAIN WORK-
ER IDENTIFICATION CARDS
AFTER PROVIDING AGE
VERTIFICATION; PROVIDING
FOR DEFINITIONS; PROVID-
ING FOR GENERAL RE-
QUIREMENTS; PROVIDING
FOR ENFORCEMENT; PRO-
VIDING 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 EFFEC-
TIVE DATE.
Pursuant to Section 286.0105,
Florida Statutes, notice is giv-
en that if a person 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 proceed-
ings, and that, for such pur-
pose, he may need to ensure
that a verbatim record of the
proceedings is made, which
record includes the testimony
and evidence upon which the
appeal is to be based.
ADA ASSISTANCE: If you
are a person with a disability
who needs special accom-
modations in order to partici-
pate in this proceeding,
please contact the County
Administrator's Office, by
phoning (305) 292 -4441, be-
tween the hours of 8:30 a.m.
- 5:00 p.m., no later than five
(5) calendar days prior to the
scheduled meeting; if you
are hearing or voice
impaired, call "711 ".
Dated at Key West, Florida,
this 23rd day of October, 2015.
AMY HEAVILIN, Clerk of the
Circuit Court and ex officio
Clerk of the Board of County
Commissioners of Monroe
County, Florida
(SEAL)
Published October 30, 2015
The Reporter
Tavernier, FL 33070
RICK SCOTT
Governor
December 17, 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. 027 -2015, which was filed in this office on December
17, 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.fl.us