Ordinance 2019-4283 ORDINANCE NO. 2019-4283
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "HUMAN
RELATIONS," BY AMENDING ARTICLE VI, ENTITLED "PROTECTION
OF HOSPITALITY EMPLOYEES," BY AMENDING SECTION 62-206
THEREOF, ENTITLED "REQUIREMENT TO PROVIDE SAFETY BUTTON
OR NOTIFICATION DEVICE TO CERTAIN EMPLOYEES," BY
EXTENDING THE EFFECTIVE DATE FOR COMPLIANCE WITH THE
PROVISIONS OF SECTION 62-206, WHICH IS CURRENTLY AUGUST 1,
2019; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, on July 25, 2018, the Mayor and the City Commission of City of Miami
Beach adopted Ordinance No. 2018-4207, amending Chapter 62 of the City Code to provide for
regulations regarding the personal safety of hospitality employees; and
WHEREAS, Ordinance No. 2018-4207 provided that the new regulations set forth in the
provisions of Section 62-206 would take effect on August 1, 2019; and
WHEREAS, pursuant to the request of Commissioner Michael Gongora, an ordinance
which would extend the effective date of the provisions from August 1, 2019, to August 1, 2020,
to allow hotel and hostel employers additional time to comply with the requirements imposed by
Ordinance No. 2918-4207 was submitted for the May 8, 2019 City Commission meeting; and
WHEREAS, after extensive discussion, no vote was taken, and the ordinance was
referred to the Neighborhood/Community Affairs Committee ("NCAC") for further discussion;
and
WHEREAS, at the May 20, 2019 NCAC meeting, Commissioner Gongora moved to
extend the effective date of the provisions of Section 62-206 by forty-five (45) days, which was
passed by acclamation; and
WHEREAS, in recognition that hotel and hostel employers might require additional time
to comply with the requirements imposed by Ordinance No. 2018-4207, the Mayor and City
Commission have determined that it is reasonable, and appropriate, to extend the effective date
of the provisions of Section 62-206, to September 15, 2019.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 62-206 of Article VI of Chapter 62 of the Code of the City Miami
Beach is hereby amended as follows, with additional provisions provided for references
purposes and amended for consistency:
CHAPTER 62
HUMAN RELATIONS
ARTICLE VI. Protection of Hospitality Employees From Assault and Sexual Harassment
Sec. 62-204. Legislative intent.
The legislative intent of this article is to protect certain hotel and hostel employees in the
hospitality industry from violent assault, including sexual assault, and sexual harassment. Hotel
and hostel employees often work alone (or alone with a guest) in a guest room or restroom,
placing the employees at risk of violent assault, including sexual assault, and sexual
harassment.
Sec. 62-205. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Guest means any invitee to a hotel or hostel, including registered guests, persons
occupying guest rooms with registered guests, visitors invited to guest rooms by a registered
guest or other occupant of a guest room, persons patronizing food or beverage facilities
provided by the hotel or hostel, or any other person whose presence at the hotel or hostel is
permitted by the hotel or hostel employer. The term "guest" does not include employees.
Guest room means any room made available by a hotel or hostel for overnight occupancy
by guests.
Hotel or hostel employer means any person, including a corporate officer or executive, who
directly or indirectly or through an agent or any other person, including through the services of a
temporary service or staffing agency or similar entity, employs or exercises control over the
wages, hours, or working conditions of any employee, and who owns, controls, and/or operates
a hotel or hostel in the City of Miami Beach; or a person who employs or exercises control over
the wages, hours, or working conditions of any person employed in conjunction with a hotel or
hostel employer in furtherance of the provision of lodging and other related services for the
public.
Hotel or hostel employee or employee means any natural person who works full-time or
part-time at a hotel or hostel for or under the direction of the hotel or hostel employer, or any
subcontractor of the hotel or hostel employer, for wages or salary or remuneration of any type
under a contract or subcontract of employment, whether express or implied.
Person means an individual, corporation, partnership, limited partnership, limited liability
partnership, limited liability company, business trust, estate, trust, association, joint venture,
agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
Restroom means any room equipped with toilets.
Safety button or notification device means a portable emergency contact device that is
designed so that an employee can quickly and easily activate such button or device to
effectively summon prompt assistance to the employee's location by a hotel or hostel security
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officer, manager or other appropriate hotel or hostel staff member designated by the hotel or
hostel employer.
Sexual harassment means unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature, when submission to or rejection of this
conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with
an individual's work performance, or creates an intimidating, hostile, or offensive work
environment.
Sec. 62-206. Requirement to provide safety button or notification device to certain
employees.
Each hotel or hostel employer shall:
(a) Provide a safety button or notification device to each hotel or hostel employee that is a
room attendant, housekeeping attendant, minibar attendant, or room service server. An
employee may use the safety button or notification device if the employee reasonably
believes there is an ongoing crime, harassment, or other emergency in the employee's
presence. It is recognized that because of the varying size and physical layout of each
hotel, different devices may be appropriate for different hotels. Safety buttons and
notification devices shall be provided by the hotel or hostel employer at no cost to the
employee.
(b) Submit an affidavit, on a form prescribed by the city, with the annual renewal of the hotel's
or hostel's city business tax receipt, stating that the hotel or hostel employer is in
compliance with sections 62-206(a) and 62-207.
(c) The provisions in subsections 62-206(a) and (b) shall take effect August September 15,
2019.
Sec. 62-207. Determent of assaults by notifying guests of employee protections.
Beginning August September 15, 2019, each hotel and hostel shall place a plainly visible
sign inside of each guest room, written in a font size of no less than 14 points, that states
the following:
"For the protection of our employees, this establishment provides safety buttons or
notification devices to its room attendants, housekeeping attendants, minibar attendants,
and room service servers, in compliance with Chapter 62, article VI of the Code of the City
of Miami Beach."
Sec. 62-208. Enforcement; penalties; rights of violators.
(a) Enforcement. The code compliance department shall enforce this article. This shall not
preclude other law enforcement agencies from any action to assure compliance with this
article and all applicable laws. If a violation of this section is observed, the enforcement
officer will be authorized to issue a notice of violation. The notice shall inform the violator of
the nature of the violation, amount of fine for which the violator is liable, instructions and
due date for paying the fine, that the violation may be appealed by requesting an
administrative hearing before a special master within ten days after service of the notice of
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violation, and that the failure to appeal the violation within ten days of service shall
constitute an admission of the violation and a waiver of the right to a hearing.
(b) Penalties; fines. The following civil fines shall be imposed for violations of this article:
(1) If the violation is the first offense, a person shall receive a written warning;
(2) If the violation is the second violation within the preceding six months, a person shall
receive a civil fine of$500.00;
(3) If the violation is the third violation within the preceding six months, a person shall
receive a civil fine of$1,000.00; and
(4) If the violation is the fourth or subsequent violation within the preceding six months, a
person shall receive a civil fine of$2,000.00.
(c) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal;
appeals from decisions of the special master.
(1) A violator who has been served with a notice of violation must elect to either:
a. Pay the civil fine in the manner indicated on the notice of violation; or
b. Request an administrative hearing before a special master to appeal the notice of
violation, which must be requested within ten days of the service of the notice of
violation.
(2) The procedures for appeal by administrative hearing of the notice of violation shall be
as set forth in sections 30-72 and 30-73 of this Code. A request for the administrative
hearing must be accompanied by a fee as approved by a resolution of the city
commission, which shall be refunded if the named violator prevails in the appeal.
(3) If the named violator, after issuance of the notice of violation, fails to pay the civil fine,
or fails to timely request an administrative hearing before a special master, the special
master may be informed of such failure by the code enforcement officer. The failure of
the named violator to appeal the decision of the code enforcement officer within the
prescribed time period shall constitute a waiver of the violator's right to an
administrative hearing before the special master, and shall be treated as an admission
of the violation, for which fines and penalties shall be assessed accordingly.
(4) A certified copy of an order imposing a fine may be recorded in the public records, and
thereafter shall constitute a lien upon any real or personal property owned by the
violator, which may be enforced in the same manner as a court judgment by the
sheriffs of this state, including levy against the violator's real or personal property, but
shall not be deemed to be a court judgment except for enforcement purposes. On or
after the 61st day following the recording of any such lien that remains unpaid, the city
may foreclose or otherwise execute upon the lien.
(5) Any party aggrieved by a decision of a special master may appeal that decision to a
court of competent jurisdiction.
(6) The special master shall be prohibited from hearing the merits of the notice of violation
or considering the timeliness of a request for an administrative hearing if the violator
has failed to request an administrative hearing within ten days of the service of the
notice of violation.
(7) The special master shall not have discretion to alter the penalties prescribed in
subsection (c)(1) herein.
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SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith 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.
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 re-lettered 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 027 day of , 2019.
PASSED AND ADOPTED this /7 day of V,ty , 2019.
ATTEST:
Dan Gelber, Mayor
JvA: 1clt2cgq
Ra ael E. Granado, City Clerk
APPROVED AS TO
FORM& LANGUAGE
(Sponsored by Commissioner Michael Gongora) FO E ELUTION
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....� City Attorney Date
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Ordinances - R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: July 17, 2019
10:25 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 62 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "HUMAN RELATIONS," BY
AMENDING ARTICLE VI, ENTITLED "PROTECTION OF HOSPITALITY
EMPLOYEES," BY AMENDING SECTION 62-206 THEREOF, ENTITLED
"REQUIREMENT TO PROVIDE SAFETY BUTTON OR NOTIFICATION
DEVICE TO CERTAIN EMPLOYEES," BY EXTENDING THE EFFECTIVE
DATE FOR COMPLIANCE WITH THE PROVISIONS OF SECTION 62-206,
WHICH IS CURRENTLY AUGUST 1, 2019; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
Please see Memorandum attached.
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Michael Gongora
ATTACHMENTS:
Description
o Memorandum
❑ Ordinance
Page 450 of 1502
Ii
MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
RAUL AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR DAN GELBER
MEMBERS OF THE CITY COMMISSION SECOND READING
JIMMY L. MORALES, CITY MANAGER
' FROM: RAUL J. AGUILA, CITY ATTORNE
DATE: July 17, 2019
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 62 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "HUMAN RELATIONS," BY_
AMENDING ARTICLE VI, ENTITLED "PROTECTION OF HOSPITALITY
EMPLOYEES," BY AMENDING SECTION 62-206 THEREOF, ENTITLED
"REQUIREMENT TO PROVIDE SAFETY BUTTON OR NOTIFICATION
DEVICE TO CERTAIN EMPLOYEES," BY EXTENDING THE EFFECTIVE
DATE OF THE PROVISIONS OF SECTION 62-206 FROM AUGUST 1, 2019,
TO SEPTEMBER 15, 2019; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Michael Gongora, the above-referenced Ordinance is
submitted on Second Reading for consideration by the Mayor and City Commission at the July I
17, 2019 City Commission meeting. The above-referenced Ordinance was initiallysubmitted, and
adopted on First Reading, with no changes, at the June 5, 2019 City Commission meeting.
On July 25, 2018, the Mayor and the City Commission of City of Miami Beach adopted Ordinance
No. 2018-4207, which provides for regulations regarding the personal safety of hospitality
employees.The ordinance provided that the new regulations would take effect on August 1. 2019.
Pursuant to the request of Commissioner Michael Gongora, the above-referenced Ordinance was
submitted on First Reading for consideration by the Mayor and City Commission at the May 8,
2019 City Commission meeting. The Ordinance submitted for the May 8, 2019 City Commission
meeting extended the effective date of the provisions from August 1, 2019, to August 1, 2020, to
allow hotel and hostel employers additional time to comply with the requirements imposed by the
Ordinance.
After extensive discussion, no vote was taken, and the Ordinance was referred to the
Neighborhood/Community Affairs Committee for further discussion. At the May 20, 2019 NCAC
meeting, Commissioner Gongora moved to amend the existing ordinance to extend the effective
date of the provisions by forty-five (45) days, which was passed by acclamation. The Ordinance
adopted on First Reading on July 5, 2019 City Commission meeting and which is currently before
Page 451 of 1502
Commission Memorandum
July 17, 2019 Page 2 of 2
the Mayor and the City Commission, allows for a forty-five (45) day extension and extends the
effective date of the provisions from August 1, 2019 to September 15, 2019, to allow hotel and
hostel employers additional time to comply with the requirements imposed by Ordinance No.
2018-4207.
RA/FA/ag
1
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Page 452 of 1502