Item S04AGENDA ITEM SUMMARY
Meeting Date: July 15, 2015
Bulk Item: Yes No xx
Division: County Attorney
Staff Contact: Bob Shillinger 305-292-3470
AGENDA ITEM WORDING: Discussion and direction regarding a proposed ordinance aimed at
curtailing human trafficking.
ITEM BACKGROUND: The Keys Coalition, Inc., a local non-profit entity formed to raise the
awareness of domestic human trafficking, has requested that the County adopt ordinances aimed at
countering human trafficking. One proposal would require that all adult entertainment workers obtain
a worker identification card after providing age verification to a designated local official. Under a
similar ordinance that Palm Beach County enacted, violations are punished as a misdemeanor. A copy
of the Palm Beach County ordinance is attached as an example.
The second proposal would require that certain businesses post human trafficking public awareness
signs, printed in both English and Spanish, in conspicuous locations clearly visible to the public and
employees. This proposal implements chapter 2015-172, Laws of Florida which the Legislature just
enacted and which takes effect on January 1, 2016. That law authorizes counties to adopt ordinances
designed to enforce this new law, a copy of which is attached. The Keys Coalition has offered to help
produce the signs required by the new law in English and Spanish, as well as in Haitian Creole.
Even though virtually all of the affected businesses are located within the municipalities, the new
legislation on signage vests counties, not cities, with the authority to adopt enforcement ordinances. As
for a worker identification card ordinance, the County Commission has the authority under Art. VIII, §
I (f) of the Florida Constitution, to legislate on this issue on a county -wide basis but a municipality may
opt out by adopting an ordinance that is in conflict with the County's ordinance.
I W .11 OLTJ [11 MNFMMA
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval to draft an ordinance for further consideration by the
Board through the public hearing process.
TOTAIL COST: none INDIRECT COST: n/a BUDGETED: n/a
COST TO COUNTY: n/a SOURCE OF FUNDS: n/a
REVENUE PRODUCING: no AMOUNT PER MONTH Year
APPROVED BY: County Attyz!��MB/PurchasingManagement
F-110CUMENTATION: Included x Not Required _
I
Revised 1109
F-T"
ADDITIONAL BACK-UP:
• Sec. 17-152. —153. — Work Identification Card
Palm Beach County Code
• Chapter 2015-172, Laws of Florida
• HR Final Bill Summary Analysis HB-369
• Sample "Stop Human Trafficking" Poster
Palm Beach County Code of Ordinances
Sec. 17-152. -Appeals.
(a) Authorized. An aggrieved person has the right to immediately appeal denial of a work identification
card, denial of a license application, or revocation or suspension of a license to the Circuit Court in
the Fifteenth Judicial Circuit of the State of Florida in accordance with the procedure and within the
time provided by the Florida Rules of Appellate Procedure.
(b) Notice. Any notice required under this code shall be accomplished by sending a written notification
by certified mail, returned receipt requested, to the mailing address set forth on the application for
the work identification card or the application for the license, whichever is applicable. This mailing
address shall be considered the correct mailing address unless the occupational licensing
department of the county tax collector's office or the public safety department has been otherwise
notified of a new address in writing by certified mail, return receipt requested, by the licensee or
person requesting the work identification card. The licensee or person requesting the work
identification card shall have the burden of proving that the occupational licensing department or the
public safety department received the new address.
(c) Immunity from prosecution. The county or any department shall be immune from prosecution, civil or
criminal, for reasonable, good -faith trespass upon an adult entertainment establishment while acting
within the scope of its authority under this code.
(d) Powers of board. The board, sheriff or state attorney may bring suit in the circuit court to restrain,
enjoin or otherwise prevent the violation of divisions 3 and 4 of this article.
(Ord. No. 88-31, § 1.V.A, 11-15-88; Ord. No. 91-51, § 1, 12-17-91; Ord. No. 99-18, § 3, 7-26-
99; Ord. No. 04-046, pt. 1, 10-19-04)
Sec. 17-153. - Work identification card.
(a) Work identification card required. Any person desiring to perform in an adult entertainment
establishment must obtain a work identification card from the public safety department, and no
person shall act as a performer, as defined in this Code, in an adult entertainment establishment
without having previously obtained said work identification card. A featured performer, as defined in
section 17-147, is exempt from the provisions of this section.
(b) Penalty. Any performer, as defined in this Code, who violates this section shall be guilty of a
misdemeanor of the second degree.
(c) Application for work identification card. An application for work identification card shall be obtained
from and submitted to the public safety department. The applicant shall provide proof that the
applicant is at least eighteen (18) years of age to the public safety department. The public safety
department shall be responsible for the creation of an application form in which the applicant is to
provide verification of their identity and age. An application for work identification card shall be fully
completed according to the instructions on the application form.
(d) False statement or false information in applying for a work identification card. It shall be unlawful for
any person applying for a work identification card to make a false statement or otherwise provide
false information which is intended to facilitate the issuance of same.
(e) Fees. The applicant shall pay an application fee with each new request for a work identification card.
The applicant shall also pay a duplicate fee for each duplicate copy of an existing work identification
card. Both application and duplicate fees shall be established by the board by resolution.
(f) Issuance of work identification card. The public safety department is responsible for verifying all
information contained on an application for a work identification card. Upon determining that the work
identification card should be issued, the public safety department shall immediately render a work
Page 1
identification card to the applicant. Said work identification card shall include the applicant's name,
photograph, and card number. Should the public safety department determine that the proof
submitted with the application for the work identification card as required hereinabove is not
satisfactory, the public safety department shall deny issuance of said work identification card and
shall provide written notification to the applicant stating the reason(s) for any such denial.
(g) Retention of work 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 work identification cards issued to performers performing at said
establishment. Work identification cards and photocopies of work identification cards shall be made
available to the public safety department for inspection upon reasonable notice and at reasonable
times.
(h) Appeal. In the event that an applicant for a work identification card is denied, said applicant may
request emergency injunctive relief from the Circuit Court of the Fifteenth Judicial Circuit of the State
of Florida. Due to the overriding public interest in not having minors perform in adult entertainment
establishments, no provisional work identification cards shall be issued by the public safety
department.
(i) Transfer of work identification card prohibited. A work identification card shall not be transferred from
one person to another; however, the person to whom the work identification card was issued may
utilize same in any and all licensed adult entertainment establishments.
Q) Alteration of work identification card prohibited. It shall be unlawful for any person to alter or
otherwise change the contents of a work identification card without the written permission of the
public safety department.
(k) Requirement of managers, owners, and operators to verify work identification cards of performers.
No person managing, owning or operating an adult entertainment establishment shall permit,
employ, or otherwise allow any person to perform at said establishment unless such person has a
valid work identification card issued in accordance herewith.
(I) Requirement of managers, owners, and operators for featured performers. Persons managing,
owning, or operating an adult entertainment establishment may allow featured performers, as
defined hereinabove, to perform in said establishment without a work identification card. However,
any person managing, owning or operating an adult entertainment establishment shall verify that any
featured performer performing in said adult entertainment establishment is eighteen (18) years of
age or older. Upon discovery that a minor is performing as a featured performer in an adult
entertainment establishment, the person managing, owning or operating said adult entertainment
establishment shall be subject to criminal prosecution and may be prosecuted by the county attorney
or the state attorney and punished as provided by Florida Statutes, § 125.69. Upon conviction of
such violation, the prosecuting officials shall notify the occupational licensing department of said
conviction.
(m) Violations subject to criminal prosecution. Any performer who violates subsection (a) of this section
may be prosecuted by the state attorney and punished as provided by F.S. § 125.69. Upon
conviction of such violation, the prosecuting officials shall notify the public safety department and the
occupational licensing department, if applicable of said conviction.
(n) Violation subject to civil prosecution. Any owner, manager or operator of an adult entertainment
establishment who violates the provisions of subsections (g) and (k) of this section may be
prosecuted by the county attorney or the code enforcement division of the county's planning, zoning
and building department as provided in Palm Beach County Ordinance No. 90-45, as amended.
Upon conviction of such violation, the prosecuting officials shall notify the occupational licensing
department of said conviction.
(Ord. No. 99-18, § 4, 7-27-99; Ord. No. 08-059, pts. 1, 2, 12-16-08)
Page 2
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 Department of Transportation shall display a public awareness
sign developed under subsection (4) in every rest area, turnpike service
plaza, weigh station, primary airport, passenger rail station, and welcome
center in the state which is open to the public.
(2) Emergency 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 in s. 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 type, 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 strieken 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 strieken are deletions; words underlined are additions.
HOUSE OF REPRESENTATIVES
FINAL BILL ANALYSIS
BILL #: CS/CS/HB 369
SPONSOR(S): Economic Affairs Committee;
Transportation & Ports
Subcommittee; Kerner; Spano and
others.
COMPANION CS/SB 534
BILLS:
FINAL HOUSE FLOOR ACTION:
113 Y's
GOVERNOR'S ACTION:
SUMMARY ANALYSIS
0 N's
Approved
CS/CS/HB 369 passed the House on April 9, 2015. The bill was amended by the Senate on April 22, 2015.
The bill was returned to the House as amended, was amended and passed on April 24, 2015. The Senate
concurred in the House amendment and subsequently passed the bill as amended on April 29, 2015. The bill
provides that human trafficking public awareness signs are to be displayed by the Department of
Transportation in every rest area, turnpike service plaza, weigh station, primary airport, passenger rail station
and welcome center open to the public. The bill also requires human trafficking awareness signs in emergency
rooms at general acute care hospitals, strip clubs or other adult entertainment establishments, and businesses
or establishments offering massage or bodywork services not owned by a heath care profession.
The public awareness sign instructs anyone who is being forced to engage in an activity and is being held
against their will to call or text the National Human Trafficking Awareness Center.
The bill authorizes the county commission to adopt an ordinance to enforce provisions related to this bill, with a
violation being a noncriminal violation and punishable by a fine not to exceed $500.
The bill has a minimal negative, but indeterminate, fiscal impact on state and local governments, and
businesses required to display human trafficking awareness signs.
The bill was approved by the Governor on June 16, 2015, ch. 2015-172, L.O.F., and will become effective on
January 1, 2016.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0369zl.TPS
DATE: June 22, 2015
I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Current Situation
Florida law defines human trafficking as "soliciting, recruiting, harboring, providing, enticing,
maintaining, or obtaining another person for the purpose of exploitation of that person."' Human
trafficking is a form of modern-day slavery, which involves the exploitation of persons for commercial
sex or forced labor.2 Trafficking often subjects victims to force, fraud, and coercion.3
There are no definitive statistics on the extent of human trafficking. The U.S. Department of State
estimates that as many as 27 million victims are being trafficked worldwide at any given time. They also
estimate that there were approximately 40,000 victims being trafficked in the United States in 2012.4
Florida is estimated to have the third highest rate of human trafficking in the United States, following
New York and California.5 Victims of human trafficking are transported around the United States by a
variety of means -cars, buses, vans, trucks, or planes -and are often provided counterfeit identification to
use in the event of arrest.
The National Human Trafficking Resource Center (NHTRC) is a national hotline number funded by the
United States Department of Health and Human Services.6 It has been operated by Polaris since 2007.
Polaris is a non-profit, non -governmental organization, which works exclusively on the issue of human
trafficking. It is not a government entity, law enforcement agency, or an immigration authority.'
The NHTRC provides service referrals to victims of human trafficking, tips to law enforcement,
information to the public, training, and technical assistance. The NHTRC's "mission is to provide human
trafficking victims and survivors with access to critical support and services to get help and stay safe,
and to equip the anti -trafficking community with the tools to effectively combat all forms of human
trafficking."$
The toll -free hotline is available to answer calls from anywhere in the United States, 24 hours a day,
seven days a week, every day of the year. It has the capabilities to answer calls in more than 200
languages. In 2014, the hotline received 1,428 phone calls and reported 364 human trafficking cases in
Florida.9
Currently, 25 states require or encourage the NHTRC hotline number to be posted or promoted within
the state.10
Florida law currently does not require or encourage the posting of the hotline number.
Proposed Changes
' s. 787.06(2)(d), F.S.
2 s. 787.06(1)(a), F.S.
3 Id
4 U.S. Department of State, Tramseking in Persons Report 2013, htt ://www.state.lov/gip/rls/ti t/2013/ (last visited March 10,
2015).
5 Healthy Families Subcommittee Presentation by Professor Terry Coonan, FSU Human Rights Center, January 14, 2014.
6 Information on the National Human Trafficking Resource Center is available at http://traffickin resourcecenter.org/ (last visited
March 10, 2015).
'Polaris, NHTRC and BeFree Hotlines, http://www.polarisnro'ec1 t•or, /� what-we-do/national-human-trafflckin -hotline/the-
nhtrc/overview (last visited March 10, 2015).
' National Human Trafficking Resource Center, Mission, http://traffickingresourcecenter.org/mission (last visited March 10, 2015)
9 National Human trafficking Resource Center, Florida, http://trafflckingesourcecenter.or�/state/florida (last visited March 10, 2015).
io Polaris, Posting the National Human Tramseking Resource Center Hotline, h_ptt ://www. ob larisbro*ect.org/what-we-do/bolicy-
advocacy/assistini--victims/postin,--the-national-human-trafficking-resource-center-hotline (last visited March 10, 2015).
STORAGE NAME: h0369zl.TPS PAGE: 2
DATE: June 22, 2015
The bill creates s. 787.29, F.S. relating to human trafficking public awareness signs. The bill requires
the Department of Transportation to display human trafficking public awareness signs in every rest
area, turnpike service plaza, weigh station, primary airport, passenger rail station, and welcome center
open to the public.
The bill requires emergency rooms at general acute care hospitals to display human trafficking public
awareness signs.
The bill requires the employer at each of the following establishments to display human trafficking
public awareness signs in a conspicuous location that is clearly visible to the public and employees of
the establishment:
A strip club or other adult entertainment establishment.
A business or establishment that offers massage or bodywork services for compensation that is
not owned by a health care profession."
The bill requires public awareness signs to be at least 8.5 inches by 11 inches in size, must be printed
in at least 16-point type, 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 human trafficking are protected under United States
and Florida law.
The county commission may adopt an ordinance to enforce the posting of signs by strip clubs, adult
entertainment establishments, and businesses or establishments offering massage or bodywork
services. A violation is a noncriminal violation punishable by a fine not to exceed $500.12
The bill has an effective date of January 1, 2016.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
Revenues:
None.
2. Expenditures:
The Department of Transportation will incur expenses associated with displaying human trafficking
awareness signs. However, the total expense is indeterminate, but expected to be insignificant.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
" The bill provides that it must be a health care profession regulated pursuant to Ch. 456, F. S., and defined in s. 456.001.
12 S. 775.083, F.S.
STORAGE NAME: h0369zl.TPS PAGE: 3
DATE: June 22, 2015
Counties may see an increase in revenues due to noncriminal violations due to certain
establishments not displaying human trafficking awareness signs. The total revenue is
indeterminate, but expected to be insignificant.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Certain businesses will be required to incur expenses to display human trafficking awareness signs.
While indeterminate, the cost is expected to be minimal.
D. FISCAL COMMENTS:
None.
STORAGE NAME: h0369zl.TPS PAGE: 4
DATE: June 22, 2015