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Ordinance 2015-52 ORDINANCE NO.2015- 5 9 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ENFORCE THE POSTING OF HUMAN TRAFFICKING PUBLIC AWARENESS SIGNS IN THE BUSINESS ESTABLISHMENTS DEFINED HEREIN; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL REQUIREMENTS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1,2016. 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 imprisonment and deportation, confiscation of passports, visas or other identification documents and threats of violence toward victims or their families; and WHEREAS, effective January 1, 2016, Section 787.29, Florida Statutes, authorizes counties to enforce the posting of human trafficking public awareness signs in certain establishments; and WHEREAS, the Board of County Commissioners finds that it will serve the public health, safety and welfare of the citizens of Collier County to inform the public as to the existence of human trafficking and the reporting thereof. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,THAT: SECTION ONE: DEFINITIONS The following words, phrases, or terms when used in this Ordinance shall, unless the content otherwise indicates, have the meanings provided below. 1 1. Adult Entertainment Establishment means adult bookstores and theaters, special cabarets and unlicensed massage establishments regulated pursuant to Chapter 847, Florida Statutes and defined in Section 847.001, Florida Statutes, as may be amended and strip clubs. 2. Bodywork Services means services involving therapeutic touching or manipulation of the body using specialized techniques. 3. Business or establishment means any place of business or any club, organization, person, firm, corporation or partnership, wherein massage or bodywork services are provided and such establishment is not owned by a health care profession regulated pursuant to Chapter 456, Florida Statutes, and defined in Section 456.001, Florida Statutes, as may be amended. 4. Human trafficking means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person regulated pursuant to Chapter 787, Florida Statutes, and defined in Section 787.06, Florida Statutes, as may be amended. 5. Massage services means the manipulation of the soft tissues of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy, including colonic irrigation, or thermal therapy; any electrical or mechanical device; or the application to the human body of a chemical or herbal preparation. SECTION TWO: GENERAL REQUIREMENTS. A. 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. (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 Section 456.001, Florida Statutes. 2 B. 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." Posted Pursuant to Section 787.29, Florida Statutes and Collier County Code of Laws and Ordinance Section SECTION THREE: ENFORCEMENT. It is unlawful to violate any provisions of this Ordinance and any violation hereof shall be deemed a noncriminal violation, punishable by a fine only as provided in Section 775.083, Florida Statutes. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 3 SECTION SIX: EFFECTIVE DATE. This Ordinance shall take effect on January 1,2016. PASSED AND DULY ADOPTED by a vote of a majority of the Board of County Commissioners of Collier County,Florida,thisZz {day of cir\beY,-2015. ATTEST':-` '''•.:1 �, BOARD OF COUNTY COMMISSIONERS DWIGHT E:*OtK,CLERK COLLIER COUNTY,FLORIDA :�.J, By:/ eva...�. 7. ties(as Yu " :11 puty Clerk TIM NANCE, CHAIRMAN 5ignafur&oniy. Ap,' ,v- o form and legality: i ,' Jet -7. . atzkow Coun ., A ■rney f This ordinance filed with thn StstAtory of State's Office t!: day of and acknowled,enhe t,Qf thc;f fiiir. receiv d this 01`l day of __ _ - -_./S- �k♦ . •■ r 4 te fAltF 4- 0 lth h FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State September 24, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Teresa L. Cannon, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2015-52, which was filed in this office on September 24, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us