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2017-4113 Ordinance ORDINANCE NO. 2017-4113 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI BEACH CITY CODE, ENTITLED "BUSINESSES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL"; BY CREATING A NEW SECTION 18-3, TO BE ENTITLED, "HUMAN TRAFFICKING PUBLIC AWARENESS SIGNS," WHICH ESTABLISHES THE REQUIREMENT FOR THE PLACEMENT OF HUMAN TRAFFICKING PUBLIC AWARENESS SIGNS IN THOSE DESIGNATED ESTABLISHMENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, human trafficking has been determined to be a modern-day form of slavery, which involves the exploitation of persons for commercial sex or forced labor, and often subjects victims to force, fraud and coercion; and WHEREAS, the victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, and human trafficking has resulted in forms of labor exploitation, that includes domestic servitude, janitorial, sweatshop factory and agricultural work; and WHEREAS, human traffickers utilize various techniques to instill fear in victims in order to keep them enslaved through isolation, threats of imprisonment and deportation, confiscation of passports or visas and threats of violence toward victims or their families; and WHEREAS, the Florida Legislature created Section 787.29, Florida Statutes, which requires the placement of human trafficking awareness signs at: (1) transportation centers, such as rest areas, turnpike service plazas, weigh stations, airports, passenger rail stations, and welcome centers; (2) strip clubs or other adult entertainment establishments, and (3) any business that provides massage or bodywork services for compensation that is not operated and regulated as a health care profession; and WHEREAS, these awareness signs include contact information for the National Human Trafficking Resource Center ("NHTRC"), a national hotline funded by the United States Department of Health and Human Services, which provide referral services to victims of human trafficking, tips to law enforcement and information to raise public awareness; and WHEREAS, the Mayor and City Commission has determined that there is an essential need for these signs to be posted in other locations throughout the City, and this additional requirement will serve the public interest by helping to combat human trafficking, and increasing the likelihood that victims will be informed of who to contact to get necessary help; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Article I of Chapter 18 of the Code of the City Miami Beach is hereby amended as follows: CHAPTER 18 BUSINESSES * * ARTICLE I. IN GENERAL * * * Sec. 18-3. Human Trafficking Public Awareness Signs. ,(1l The employer at each of the following establishments shall display a human trafficking public awareness sign in a conspicuous location (the conspicuous location should be where other labor and employment signs are displayed), which is clearly visible to the employees of these businesses or establishments: (a) Restaurants, alcoholic beverage establishments, night clubs and any other entertainment or food service establishments; and j Public lodging establishments, classified as a hotel, motel, nontransient apartment, transient apartment, bed and breakfast inn, timeshare prosect, or vacation rental; and Urgent care centers, facilities or clinics that provide urgent care medicine or services, and may be commonly referenced as urgent care, convenient care, walk-in care or immediate care centers, whether operated by brand name corporations or non-brand name corporations, or other business entities. .j The required human trafficking public awareness sign must be printed in a size consistent with, and must substantially state in English, Spanish and Russian the language set forth in Section 787.29(4) of the Florida Statutes. j The Code Compliance Department, in conjunction with the Police Department, shall enforce the provisions of this section and upon conviction of such offense, be punished by a fine not to exceed five hundred dollars ($500.00) provided in Section 775.083 of the Florida Statutes, which may be amended from time to time, in the discretion of the Special Master. A continued violation for each day shall be considered a separate offense. The violation issued for this offense, will be consistent with those violation notices issued by the City pursuant to Section 21-31.5 of the Code of Miami-Dade County. Secs. 18-34-18-30. Reserved. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 2 SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the tenth (10th) day following its adoption. PASSED AND ADOPTED this ,4 day of -/If/ , 2017. ATTEST: Frfs 7)(if e'M1y c /7 in PHILIP LEVI ''• RAFAEL E. GRANADO, CITY CLERK �.�����vommul,41 (Sponsored by Commissioner John E " h Ale =n ner Micky Steinberg) � ; Underline denotes additions ' ,.►.. *- Strike through denotes deletions 0 *Ay:4 ROVED AS TO ,NCORP �Rp�ED � '�,2 ` M&LANGUA E9'j .... 41--FOR EXECUTION A.• O ( ( 7 citY mom,iNp3 o."--"T've F:\ATTO\BOKA\Ordinances\Amending Chapter 18 by Creating Sec 18-3 Signs for Human Trafficking Public Awareness.docx 3 Ordinances- R5 E MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: July 26, 2017 10:00 a.m. Second Reading Public Hearing SUBJECT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE MIAMI BEACH CITY CODE, ENTITLED "BUSINESSES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL"; BY CREATING A NEW SECTION 18-3, TO BE ENTITLED, "HUMAN TRAFFICKING PUBLIC AWARENESS SIGNS," WHICH ESTABLISHES THE REQUIREMENT FOR THE PLACEMENT OF HUMAN TRAFFICKING PUBLIC AWARENESS SIGNS IN THOSE DESIGNATED ESTABLISHMENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. RECOMMENDATION Pursuant to the request of Commissioner John Elizabeth Aleman and Commissioner Micky Steinberg, the above-referenced Ordinance is submitted for consideration by the Mayor and City Commission at the June 7, 2017 Commission Meeting for First Reading. Legislative Tracking Office of the City Attorney Sponsor Commissioners Micky Steinberg and John Elizabeth Aleman ATTACHMENTS: Description ❑ Ordinance on Human Trafficking Public Awareness Signs Page 1229 of 2495