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.
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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:
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(Sponsored by Commissioner John E " h Ale =n ner Micky Steinberg)
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F:\ATTO\BOKA\Ordinances\Amending Chapter 18 by Creating Sec 18-3 Signs for Human Trafficking Public Awareness.docx
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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 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