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Home My WebLink About16-014i JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4223766 08/25/2016 11:18:00 AM OR BOOK 3905 PAGE 1610 - 1613 Doc Type: ORDN RECORDING: $35.50 ORDINANCE NO. 16-0141 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CREATING ARTICLE VI (HUMAN TRAFFICKING) OF CHAPTER 12 (BUSINESSES); CREATING SECTION 12-139 (TITLE); CREATING SECTION 12-140 (AUTHORITY); CREATING SECTION 12-141 (DEFINITIONS); CREATING SECTION 12-142 (PUBLIC AWARENESS SIGNS); CREATING SECTION 12-143 (ENFORCEMENT); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. 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. 2. 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. 3. 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. 4. Section 125.66, Florida Statutes, authorizes counties to enforce posting of human trafficking public awareness signs in certain establishments. 5. It is in the best interests of the public health, safety and welfare of the citizens of Saint Lucie 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 SAINT LUCIE COUNTY, FLORIDA, that: Part A. Section VII, Human Trafficking, of Chapter 1-12, "Businesses", of the Code of Ordinances of St. Lucie County, Florida, is hereby created as follows: Underlined passages are added. 1 StFU .I, thr,,,,,,1, passages are deleted. Section 12-139. Title. This Ordinance shall be known and may be cited as the "Human Trafficking Ordinance." Section 12-140. Authority. This ordinance is enacted pursuant to Section 125.66 Florida Statutes, in the interest of the health safety, and welfare of the residents of St. Lucie County, Florida. Section 12-141. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning: 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. Bodywork services means services involving therapeutic touching or manipulation of the body using specialized techniques. 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. 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. 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 12-141. 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. (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: Underlined passages are added. StFUG'( thre ^" passages are deleted. "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 St. Lucie County Code Section 12-141. Section 12-141. 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. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. Underlined passages are added. StFU .I( thF9Ug4 passages are deleted. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Kim Johnson, Chairman AYE Commissioner Chris Dzadovsky, Vice Chairman AYE Commissioner Tod Mowery AYE Commissioner Paula A. Lewis AYE Commissioner Frannie Hutchinson AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this 16 day of August, 2016. ATTEST: 4 Underlined passages are added. BOARD OF C UNTY COM ISSIONERS ST. LUCRE —UNTI , LO,YfDA BY: Chai APPROVE"S TO FORM AND COR T E : BY: County Attor y StFuek thr„passages are deleted. RICK SCOTT KEN DETZNER Governor Secretary of State August 23, 2016 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Melissa Upton Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 16-014, which was filed in this office on August 23, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us