Agenda 09/08/2015 Item #16H39/8/2015 16. H .3.
EXECUTIVE SUMMARY
Request for authorization to advertise for future consideration an Ordinance, that effective
January 1, 2016, would allow the County to enforce the posting of public awareness signs at
adult entertainment and massage /bodywork establishments alerting employees and patrons
to remedies and protections related to human trafficking.
OBJECTIVE: To inform the public as to the existence of human trafficking and provide
contact information to report anyone who is being forced to engage in an activity against their
will.
CONSIDERATIONS: 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. Human trafficking also occurs in the form of labor exploitation, such as
domestic servitude and restaurant, janitorial, sweatshop factory and agricultural work.
Traffickers instill fear through the use of isolation, threats of imprisonment and deportation,
confiscation of passports, visas or other identification documents and even threats of violence
toward victims or their families to keep the victims enslaved.
On June 16, 2015, Governor Scott signed Chapter 2015 -172, which created Section 787.29,
Florida Statutes. The new law authorizes counties to enforce the posting of human trafficking
public awareness signs at adult entertainment and massage /bodywork establishments.
Employers at the following establishments must display these public awareness signs in a
conspicuous location that is clearly visible to the public and employees of the establishment:
(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 Section 456.001.
The signs are intended to alert employees and patrons to remedies and protections related to
human trafficking and provide contact information to report anyone who is being forced to
engage in an activity against their will. The law and the provisions of the proposed Ordinance
become effective on January 1, 2016. Violations to the County Ordinance are punishable only
by fine.
FISCAL IMPACT: Cost of advertising the proposed Ordinance is approximately $300.00.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The County Attorney drafted the proposed ordinance and
approved it as to form and legality. Majority support is required for approval. — JAK
RECOMMENDATION: That the Board of County Commissioners authorizes advertisement
of the attached Ordinance to enforce the posting of human trafficking public awareness sighs at
adult entertainment and massage /bodywork establishments as authorized by Ch. 2015 -172.
PREPARED BY: Commissioner Georgia Hiller, Esq., District 2
Attachments: Human Trafficking Bill, Proposed Ordinance
Packet Page -2846-
9/8/2015 16.H.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.H.16.H.3.
Item Summary: Request for authorization to advertise for future consideration an
Ordinance, that effective January 1, 2016, would allow the County to enforce the posting of
public awareness signs at adult entertainment and massage /bodywork establishments alerting
employees and patrons to remedies and protections related to human trafficking.
Meeting Date: 9/8/2015
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
9/1/2015 10:02:22 AM
Submitted by
Title: County Attorney,
Name: KlatzkowJeff
9/1/2015 10:02:23 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/1/2015 10:25:36 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/1/2015 10:32:08 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 9/1/2015 10:33:27 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/1/2015 12:04:59 PM
Packet Page -2847-
9/8/2015 16. H .3.
Packet Page -2848-
9/8/2015 16.H.3.
ORDINANCE NO. 2015-
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 modem -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 fmds 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
Packet Page -2849-
9/8/2015 16.H.3.
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
Packet Page -2850-
9/8/2015 16. H . 3.
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
Packet Page -2851-
9/8/2015 16. H . 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, this day of , 2015.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TIM NANCE, CHAIRMAN
4
Packet Page -2852-
9/8/2015 16. H .3.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
II IIIIIII IIIII III III I I II I III
ENROLLED
CS /CS /HB369, Engrossed 1
1
2015 Legislature
2 An act relating to human trafficking; creating s.
3 787.29, F.S.; requiring the Department of
4 Transportation, the Department of Health, and certain
5 employers to display human trafficking public
6 awareness signs at specified locations; providing
7 public awareness sign requirements; authorizing a
8 county commission to adopt an enforcement ordinance;
9 providing a penalty; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 787.29, Florida Statutes, is created to
14 read:
15 787.29 Human trafficking public awareness signs. -
16 (1) The Department of Transportation shall display a
17 public awareness sign developed under subsection (4) in every
18 rest area, turnpike service plaza, weigh station, primary
19 airport, passenger rail station, and welcome center in the state
20 which is open to the public.
21 (2) Emergency rooms shall display a public awareness sign
22 developed under subsection (4) in the emergency rooms at general
23 acute care hospitals.
24 (3) The employer at each of the following establishments
25 shall display a public awareness sign developed under subsection
26 (4) in a conspicuous location that is clearly visible to the
Page 1 of 2
CODING: Words etFisk-ee are deletions; words underlined are additions.
hb0369 -04 -er
Packet Page -2853-
9/8/2015 16. H . 3.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
I I IIIII�IIIIII IIII VIII IIII'IIIII
ENROLLED
CS /CS /HB 369, Engrossed 1
271 public and employees of the establishment:
2015 Legislature
28 (a) A strip club or other adult entertainment
29 establishment.
30 (b) A business or establishment that offers massage or
31 bodywork services for compensation that is not owned by a health
32 care profession regulated pursuant to chapter 456 and defined in
33 s. 456.001.
34 (4) The required public awareness sign must be at least
35 8.5 inches by 11 inches in size, must be printed in at least a
36 16 -point type, and must state substantially the following in
37 English and Spanish:
38 "If you or someone you know is being forced to engage in an
39 activity and cannot leave - whether it is prostitution,
40 housework, farm work, factory work, retail work, restaurant
41 work, or any other activity -call the National Human
42 Trafficking Resource Center at 1- 888 - 373 -7888 or text INFO
43 or HELP to 233 -733 to access help and services. Victims of
44 slavery and human trafficking are protected under United
4S States and Florida law."
46 (S) The county commission may adopt an ordinance to
47 enforce subsection (3). A violation of subsection (3) is a
48 noncriminal violation and punishable by a fine only as provided
49 in s. 775.083.
50 Section 2. This act shall take effect January 1, 2016.
Page 2 of 2
CODING: Wordsstrirkep are deletions; words underlined are additions.
hb0369 -04 -er
Packet Page -2854-