Loading...
Item O07BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 16, 2015 (KL) Department: County Attorney's Office Bulk Item: Yes X No _ Staff Contact /Phone #: Lisa Granger, (305) 292-3470 AGENDA ITEM WORDING: Approval to advertise a public hearing for an ordinance requiring the posting of Human Trafficking Public Awareness Signs at specified locations. ITEM BACKGROUND: Chapter 2015-172, Laws of Florida (creates a new statute, F.S. 787.29 effective January 1, 2016) authorized Counties to adopt Ordinances requiring adult entertainment establishments to post human trafficking public awareness signs. On July 15 2015, the Board of County Commissioners discussed proposed ideas for the adoption of a County Ordinance to comply with the new law. Direction was given to staff to draft an Ordinance requiring the posting of such signs to comply with the new law and aid in the prevention of human trafficking. PREVIOUS RELEVANT BOCC ACTION: On July 15, 2015 the Board of County Commissioners discussed the new law and provided direction to staff to draft a proposed Ordinance. CONTRACT/AGREEMENT CHANGES: Not applicable. STAFF RECOMMENDATIONS: Approval TOTAL COST: Advertising costs INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: Advertising costs SOURCE OF FUNDS: REVENUE PRODUCING: Yes —No X AMOUNT PER MONTH Year APPROVED BY: County Attorneyw OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 6/15 ORDINANCE NO. - 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 imprisomnent 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 establislunents 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 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 entertaimnent 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 Wit, 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 terns used in the ordinance shall have the same meaning as the terns 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. 0 (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 16th of September, 2015. Mayor Danny L. Kolhage Mayor Pro Tern Heather Carruthers Commissioner George Neugent Commissioner David Rice Commissioner Sylvia Murphy (SEAL) ATTEST: AMY HEAVILIN, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Danny L. Kolhage 11 ADDITIONALBACK-UP: Chapter 2015-172, Laws of Florida, Human trafficking public awareness signs. CHAPTER 2015-172 Committee Substitute for Committee Substitute for House Bill No. 369 An act relating to human trafficking; creating s. 787.29, F.S.; requiring the Department of Transportation, the Department of Health, and certain employers to display human trafficking public awareness signs at specified locations; providing public awareness sign requirements; authorizing a county commission to adopt an enforcement ordinance; providing a penalty; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 787.29, Florida Statutes, is created to read: 787.29 Human trafficking public awareness signs.— (1) The De artment of Trans ortation shall dis la a_ _ublic awareness sigm developed under subsection 4 in eve __rest area turn ike service plaza weigh station primary airport. passenger rail station, and welcome center in the state which is open to the public. (2) Emer ency rooms shall display a public awareness sign developed under subsection (4) in the emergency rooms at general acute care hospitals (3) The employer at each of the following establishments shall display a public awareness sign developed under subsection (4) in a conspicuous location that is clearly visible to the public and employees of the establish- ment: (a) A strip club or other adult entertainment establishment (b) 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 and defined ins.456.001. (4) 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 We. and must state substantially the following in English and Spanish "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." 1 CODING: Words str-iel£en are deletions; words underlined are additions. Ch. 2015-172 LAWS OF FLORIDA Ch. 2015-172 (5) The county commission may adopt an ordinance to enforce subsection (3). A violation of subsection (3) is a noncriminal violation and punishable by a fine only as provided in s. 775.083. Section 2. This act shall take effect January 1, 2016. Approved by the Governor June 16, 2015. Filed in Office Secretary of State June 16, 2015. 2 CODING: Words s#r-iel£en are deletions; words underlined are additions.