Sex Trafficking Bill

Substituted and Amended 2/25/20 Enacted 2/25/20 1 Introduced by Council Members Cumber and Hazouri, Co-Sponsored by 2 Council Members White, Morgan, Diamond, Boylan, DeFoor, Priestly 3 Jackson, Newby, Bowman, Carlucci, Salem, Gaffney, Pittman, Freeman, 4 Becton and Ferraro and substituted by the Neighborhoods, Community 5 Services, Public Health & Safety Committee and amended on the floor 6 of Council: 7 8 9 ORDINANCE 2020-74-E 10 AN ORDINANCE REGULATING CERTAIN BUSINESSES AND 11 OCCUPATIONS TO REDUCE OR PREVENT HUMAN AND SEX 12 TRAFFICKING 13 TRAFFICKING 14 AMENDING CHAPTER 150 (ADULT ENTERTAINMENT AND 15 SERVICES CODE), PART 1 (GENERAL PROVISIONS), 16 ORDINANCE 17 DANCE PERFORMANCE PERMIT; AMENDING CHAPTER 150 18 (ADULT 19 DELETE SECTION 150.224 (PERFORMER RECORDS) AND 20 REPLACE 21 (PERFORMER 22 ORDINANCE CODE, AND PART 2 (ADMINISTRATION), 23 ORDINANCE 24 SUSPENSION 25 ENTERTAINMENT LICENSE, TO REQUIRE A PERFORMER 26 WORK IDENTIFICATION CARD FOR ALL PERFORMERS IN 27 ADULT 28 PROHIBIT ADULT ENTERTAINMENT PERFORMERS UNDER 29 AGE TWENTY-ONE; AMENDING CHAPTER 151 (DANCING 30 ENTERTAINMENT AND ESTABLISHING SURVIVORS CODE, TO IT WITH CODE, OR AND A WORK LEADERSHIP AMEND ENTERTAINMENT THE THE COUNCIL; DEFINITION SERVICES NEW CODE), SECTION AMEND REVOCATION ENTERTAINMENT THE AN ESTABLISHMENTS ESTABLISHMENT CODE), TO CARD), PROCESS OF OF 150.224 IDENTIFICATION TO SEX FOR ADULT AND PARTS TO 1 1 (GENERAL PROVISIONS) 2 (ADMINISTRATION), ORDINANCE CODE, TO AMEND THE 3 DEFINITIONS OF VIOLATION AND DANCE PERFORMANCE 4 PERMIT AND TO AMEND THE PROCESS FOR SUSPENSION 5 OR 6 LICENSE; TO DELETE SECTION 151.214 (PERFORMER 7 RECORDS), ORDINANCE CODE AND REPLACE IT WITH A 8 NEW 9 IDENTIFICATION CARD), ORDINANCE CODE; DELETING REVOCATION OF SECTION A AND DANCING 151.214 150.423 AND PART 2 ENTERTAINMENT (PERFORMER 10 SECTIONS 11 (MISCELLANEOUS 12 ORDINANCE 13 250.125 14 TRAFFICKING PUBLIC AND EMPLOYEE AWARENESS) TO 15 REQUIRE THE POSTING OF PUBLIC AWARENESS SIGNS 16 INSIDE 17 ESTABLISHMENTS 18 EDUCATION 19 FEE 20 ENTERTAINMENT 21 CHAPTER 22 LEADERSHIP 23 ESTABLISH AN ADVISORY BOARD COMPRISED OF SEX 24 TRAFFICKING SURVIVORS FOR 25 DEVELOPING, EVALUATING AND 26 STATUS OF SEX TRAFFICKING PREVENTION MEASURES 27 IN 28 TRAINING 29 SHERIFF’S 30 EFFECTIVE DATE. TO (PUBLIC CREATE LODGING GUEST AND TO INCREASE FOR A OF (SEX JACKSONVILLE; CERTAIN OFFICE AND THE EMPLOYEES; - 2 - AND NEW SURVIVORS CODE, REPORTING CITY A PURPOSE HUMAN A DANCING CREATING ORDINANCE 31 EMPLOYEE AUTHORIZING ADULT REQUIRING HUMAN LODGING AN TRAFFICKING COUNCIL), SUBSECTION PUBLIC SAME; ESTABLISHMENTS; 96 NEW ESTABLISH FOR 250 REGULATIONS), ESTABLISHMENT ROOMS COMPONENT FOR AMENDING BUSINESS CODE ALL 151.413; WORK ON TO OF THE TRAFFICKING JACKSONVILLE PROVIDING AN 1 WHEREAS, Florida is ranked third nationally for reported cases 2 of human trafficking 3 trafficking; and abuses, many of which involved sex 4 WHEREAS, strip clubs and hotels/motels are widely recognized 5 as being a significant part of the sex trafficking network used by 6 traffickers to coerce and facilitate men, women and children into 7 performing 8 establishments in direct and frequent contact with the victims of 9 human trafficking; and sexual acts, which places the employees of these 10 WHEREAS, in 2019, the American Hotel & Lodging Association 11 (“AHLA”) launched its, “No Room for Trafficking” campaign, which 12 established the goal of training every hotel employee to spot and 13 stop trafficking; and 14 WHEREAS, on January 9, 2020, the AHLA, the Florida Restaurant 15 & Lodging Association, the Asian American Hotel Owners Association, 16 the National Football League, Florida Attorney General Ashley Moody 17 and various state and federal officials met to develop a prevention 18 and response campaign concerning use of Florida’s hotel industry 19 for sex trafficking during and around Super Bowl LIV in Miami; and 20 WHEREAS, hotels and a crucial facilitate piece human of the infrastructure 22 (particularly sex trafficking) in escort services – of the 3,596 23 cases of human trafficking reported to the National Hotline to be 24 occurring at a hotel, 2,920 or 81 percent of those involved sex 25 trafficking; and 27 to are 21 26 necessary motels trafficking WHEREAS, victims of sex trafficking are frequently recruited to work as performers or employees in strip clubs; and 28 WHEREAS, researchers have found that sex trafficking victims 29 are more likely to be trafficked by someone from within her or his 30 own community; and 31 WHEREAS, persons under the age of twenty-one are more likely - 3 - 1 to still remain within and dependent on the community in which they 2 were raised; and 3 WHEREAS, research studies have identified the average age at 4 which a person in the United States enters the sex trade for the 5 first time is age seventeen (17); and 6 WHEREAS, because among of Florida’s the prevalence youth of population, human on and sex 7 trafficking September 30, 8 2019, Florida’s State Board of Education voted unanimously to make 9 Florida the first state in the country to require child trafficking 10 prevention education for all public education students in grades K- 11 12; and 12 WHEREAS, on January 14, 2020, the U.S. Department of Justice 13 hosted the Summit on Combating Human Trafficking to focus attention 14 on and highlight the federal government’s efforts to address all 15 aspects of human trafficking; and 16 WHEREAS, on February 3, 2020, the Council conducted a Sex 17 Trafficking workshop at which representatives from the Jacksonville 18 Sheriff’s 19 Department of Homeland Security provided information and statistics 20 on 21 established in this legislation as appropriate and meaningful to 22 reduce or prevent these activities from occurring in Jacksonville; 23 and human Office, and sex the Federal trafficking, Bureau as of well Investigation as endorsing and the the means 24 WHEREAS, sex trade at strip clubs is a common occurrence in 25 Jacksonville, thereby subjecting performers at these strip clubs to 26 frequent 27 actions and sex trafficking from customers, as well as strip club 28 employees, managers and owners; and propositions and enticements to engage in sex trade 29 WHEREAS, on November 16, 2018, the federal Fifth Circuit Court 30 of Appeals, in the case of Jane Doe I v. Landry, reported at 909 31 F.3d 99 (5th Cir. 2018), upheld a regulation enacted by the State of - 4 - 1 Louisiana to prohibit persons under the age of twenty-one from nude 2 erotic dancing at establishments serving alcohol on the grounds 3 that such a regulation furthered the state’s interests in curbing 4 human trafficking and prostitution; now therefore 5 BE IT ORDAINED by the Council of the City of Jacksonville: 6 Section 1. Findings. The above-stated recitals, as well 7 as the supporting documentation, materials and media placed Revised 8 On File with the Office of Legislative Services and associated with 9 the subject matters addressed in this Ordinance, are hereby adopted 10 as findings of the Council with respect to this Ordinance. 11 Section 2. Intent and severability. The intent of this 12 legislation is to enact a scheme of uniform and non-discriminatory 13 time, 14 establishments 15 City. 16 interpreted 17 entertainment, but instead, to be narrowly tailored and limited to 18 combating negative secondary effects on a vulnerable segment of our 19 City’s 20 permitting to assist in reducing criminal activities occurring at 21 these facilities. 22 be 23 unenforceable by a court of competent jurisdiction, such provision 24 shall be severed and the remainder shall continue in full force and 25 effect with the Ordinance being deemed amended to the least degree 26 legally permissible. 27 Section 3. place It and manner and is dancing the and Code), and to to for entertainment Council’s applied population severable, regulations intent not that a entertainment establishments eliminate provide adult these all means in regulations forms of of the be adult licensing and The provisions of this Ordinance are intended to and if any provision is declared invalid or Amending Chapter 150 (Adult Entertainment and 28 Services Part 1 (General Provisions) to amend section 29 150.103 (Definitions) to amend the definition of Dance performance 30 permit. 31 1 (General Provisions), Ordinance Code, is hereby amended to amend Chapter 150 (Adult Entertainment and Services Code), Part - 5 - 1 section 150.103 (Definitions) to read as follows: 2 CHAPTER 150. ADULT ENTERTAINMENT AND SERVICES CODE. 3 * 4 * PART 1. GENERAL PROVISIONS 5 * 6 Sec. 150.103 * 8 (kk) Dance performance identification * * * * Definitions. 7 9 * card permit established means in the performer section work 150.224.an 10 identification card, issued by a commercial establishment that has 11 or requires a dancing entertainment establishment license, to each 12 performer, which shall contain at a minimum the name and photograph 13 of the performer. 14 Section 4. Amending Chapter 150 (Adult Entertainment and 15 Services Code), Part 2 (Administration) to amend section 150.212 16 (Suspension and revocation of license) to amend the requirements 17 for 18 license; to delete Section 150.224 (Performer records) and replace 19 it with a new section 150.224 (Performer work identification card), 20 Ordinance 21 Code), Part 2 (Administration), Ordinance Code, is hereby amended 22 to amend section 150.212 (Suspension and revocation of license) to 23 amend 24 entertainment 25 (Performer records), place a copy of the deleted language Revised 26 On File with the Office of Legislative Services, and replace it 27 with a new section 150.224 (Performer work identification card) to 28 read as follows: 29 30 31 suspending the or Code. revoking Chapter requirements 150 for establishment CHAPTER 150. an adult (Adult entertainment Entertainment suspending license; to or establishment and revoking delete Services an section ADULT ENTERTAINMENT AND SERVICES CODE. * * * PART 2. ADMINISTRATION - 6 - adult 150.224 1 * 2 Sec. 150.212. * * Suspension and revocation of license. 3 * * * 4 (b) 5 shall furnish the licensee a written statement, by certified 6 or registered mail or by personal service, of the cause for 7 suspension or revocation of the license and the length of time 8 of suspension. 9 Before the Sheriff shall suspend or revoke a license, he The Sheriff shall, within 20 days of notification, seek judicial 10 review of the 11 jurisdiction. The licensee may seek judicial review of the proposed 12 decision in a court of competent jurisdiction at anytime after 13 notification.refer the matter to a county court judge, who shall 14 hold a hearing for the sole purpose of determining whether just 15 cause exists for the suspension or revocation. 16 this subsection, a violation shall be deemed committed, by the 17 county 18 submitted at the hearing. A finding of violation at a suspension or 19 revocation hearing shall not establish precedent or be used in any 20 civil 21 revocation process is intended to apply retroactively to all adult 22 entertainment 23 prospectively issued hereinafter. 24 a license shall not become effective until the Sheriff obtains a 25 final order authorizing the suspension or revocation or the parties 26 stipulate otherwise. 27 brought by the applicant or the Sheriff, the Sheriff shall have the 28 burden of demonstrating the validity of the proposed suspension or 29 revocation. court or proposed judge, criminal 31 based upon penalty licenses 30 decision clear proceeding. currently a and court of competent For purposes of convincing This existing evidence suspension and to or those The suspension or revocation of In any judicial review, whether review is * Sec. 150.224. in * * Performer work identification card. - 7 - 1 (a) Performer Work Identification Card required. Any person 2 desiring 3 licensed under this Chapter must obtain a Work Identification Card 4 from the Sheriff. 5 entertainment establishment without having previously obtained said 6 Work 7 Period as set 8 holder or establishment 9 otherwise allow any performer to perform in an adult entertainment to perform an adult entertainment establishment No person shall act as a performer in an adult Identification Card, forth in this as section. manager shall possess Additionally, employ, a during valid the no contract and Grace license with effective or 11 Identification Card except as permitted during the Grace Period as 12 set forth in this section. Penalty. not permitted establishment (b) does except 10 13 who in Work Any performer, license holder, owner, operator 14 or manager who violates or knowingly permits a violation of this 15 section shall be guilty of a misdemeanor of the second degree. 16 (c) Application for Work Identification Card. An application 17 for a Work Identification Card shall be created by and obtained 18 from the Sheriff. The Sheriff is authorized to include whatever 19 information he or she deems relevant to the purposes established in 20 this 21 including fingerprinting and photographs and proof of a valid and 22 effective work permit or visa for non-U.S. citizens. Each applicant 23 shall demonstrate to the Sheriff that he or she has completed a sex 24 trafficking 25 include those 26 Lodging Association, 27 Ending Slavery & Trafficking and the U.S. Department of Homeland 28 Security. 29 Sheriff. The application 30 completed and submitted 31 nonrefundable application fee. Each applicant must submit proof of section for issuance education the program. developed Other of and the programs Work Acceptable presented Polaris not by be the - 8 - in training the Project, listed shall to Identification may American Hotel by signed, together & Business approved writing, Sheriff programs ECPAT-USA, be Card, with the fully the 1 identity and proof that applicant is at least twenty-one (21) years 2 of age. Work Identification Cards shall not be issued to any person 3 under the age of twenty one. 4 Card shall be issued to an applicant who has been convicted of 5 human trafficking or any human trafficking-related charge or who is 6 currently on probation for any violation listed under subsection 7 (l), below. 8 (1) year. All current performers shall obtain a Work Identification 9 Card Additionally, no Work Identification Work Identification Cards are valid for a term of one within ninety (90) days from the effective date of this 10 section (the "Grace Period"). Upon conclusion of the Grace Period, 11 no performer shall be permitted to perform until a current Work 12 Identification Card is obtained. 13 (d) False statement or false information in applying for a 14 Work 15 applying for a Work Identification Card to make a false statement 16 or 17 facilitate the issuance of same. 18 Identification otherwise (e) provide It false shall be unlawful information which for is any person intended to Fees. The applicant shall pay an application fee with 19 each 20 renewal 21 prorated. The applicant shall also pay a duplicate card fee for 22 each duplicate copy of an existing Work Identification Card. The 23 initial and renewal application fee shall be $150. 24 issuance of a duplicate Work Identification Card 25 Fees are non-refundable. 26 new Card. request of (f) a for Work a Work Identification Identification Card. Card The fees and with shall each not be The fee for shall be $50. Issuance of Work Identification Card. The Sheriff is 27 responsible 28 Identification 29 Identification Card should be issued, the Sheriff shall immediately 30 render 31 Identification Card shall, at a minimum, include the performer's a for Work verifying Card all information application. Identification Upon Card - 9 - to contained determining the on that applicant. a Work the Work Said Work 1 name, photograph, and a unique card number. Should the Sheriff 2 determine that the proof submitted with the application for the 3 Work 4 satisfactory, 5 Identification Card and shall provide written notification to the 6 applicant stating the reason(s) for any such denial. 7 Identification (g) the Card as Sheriff required shall deny hereinabove issuance of is not said Work Retention of Performer Roster and Work Identification 8 Card. All persons required pursuant to this Code to obtain a Work 9 Identification Card shall keep same on their person or with their 10 personal 11 entertainment establishment. The adult entertainment establishment 12 shall compile and retain a complete performer roster that includes 13 all performers performing at the establishment for a period of 14 thirty 15 date. 16 performer, including the performer's first and last name and stage 17 name. The adult entertainment establishment shall also maintain a 18 Work 19 performer's 20 Identification 21 establishment for a period of two (2) years from each performer's 22 most 23 during the Grace Period established in this section, no performer 24 shall perform until the performer roster is updated to include the 25 performer 26 Identification 27 performer roster and the Work Identification Card file shall be 28 made available to the Sheriff for inspection and/or copying upon 29 request. 30 (h) 31 belongings (30) The days at from Card name, Card performance information, Card Appeal. is In shall file, with of date. performing most organized Other on event that an by of performers photocopy as adult performance date required applicant and by the Work at said performing than file an alphabetically photocopies legible at recent organized performer the placed the be legible each and while performer's roster Identification recent times each performer last all performing of the herein. for a Work The Work Identification Card is denied, said applicant may request emergency - 10 - 1 injunctive relief from the Circuit Court of the Fourth Judicial 2 Circuit 3 interest in not having persons under the age of twenty-one or with 4 criminal convictions identified in paragraph (l) perform in adult 5 entertainment 6 Cards shall be issued by the Sheriff. 7 of (i) the State of Florida. establishments, no Due to the provisional overriding Work public Identification Transfer of Work Identification Card prohibited. A Work 8 Identification Card shall not be transferred from one person to 9 another; however, the person to whom the Work Identification Card 10 was 11 entertainment establishments in the City. 12 issued (j) may utilize Alteration of same in any and all licensed Work Identification Card adult prohibited. It 13 shall be unlawful for any person to alter or otherwise change the 14 contents 15 permission of the Sheriff. 16 (k) of a Work Requirement Identification of Managers, Card without License the Holders, written Owners and 17 Operators to Verify Work Identification Cards of Performers. No 18 person 19 operate an adult entertainment establishment shall permit, employ, 20 or otherwise allow any person 21 unless such person has a valid, current, Work Identification Card 22 issued in accordance herewith, unless such performer is performing 23 within the Grace Period established in this section. Each owner and 24 operator of the establishment shall have a separate and independent 25 duty to verify that all performers are in compliance with this 26 section. 27 and 28 compliance 29 working at the establishment. 30 the managers, owners and operators of the establishment for each 31 performer, and for each day that a performer does not have the managing, owning or operating or holding a license to to perform at said establishment Each manager of the establishment shall have a separate independent with duty this to verify section that during all all performers times the are in manager is Separate violations may be issued to - 11 - 1 required Work Identification Card. It shall be prima facie evidence 2 of a violation of this Chapter if the establishment does not have a 3 legible photocopy of a current Work Identification Card on file for 4 each performer as of the date of each performance, except during 5 the Grace Period. 6 (l) Violations subject to criminal prosecution. Either while 7 performing at or 8 establishment, any 9 prosecuted by while present performer the State who in any violates Attorney. adult this Upon entertainment section conviction may of be such 10 violation, the prosecuting officials shall notify the Sheriff of 11 said conviction. 12 following violations either while performing at or while present in 13 any 14 Identification Card shall be suspended as follows: adult Additionally, for any performer convicted of the entertainment establishment, the performer’s Work 15 i. Five (5) years for prostitution; 16 ii. Three (3) years for violent felonies; 17 iii. Three (3) years for narcotic sales or drug trafficking; 18 iv. One (1) year for lewd/obscene acts; and 19 v. One (1) year for possession of narcotics or narcotics 20 paraphernalia. 21 The suspensions authorized herein shall not be ordered as part of 22 any criminal penalties assessed in any criminal proceeding. 23 the Council’s intent that the remedies established herein are civil 24 in 25 contravention of those established in the Florida Statutes. nature 26 (m) and are Violation not intended Subject to to be Civil a criminal Prosecution. It is penalty Any in owners, 27 managers or operators of an adult entertainment establishment who 28 violates the provisions of subsections (g), (k) or (l) of this 29 section may be 30 adjudication of 31 shall notify prosecuted such the by civil Sheriff the Sheriff violation, of such - 12 - the or the City. prosecuting adjudication within Upon officials five (5) 1 business 2 offense, with each day upon which a violation occurs constituting a 3 separate civil offense. 4 (n) days. Violations shall be considered a Class F civil Violations Subject to All Legal Remedies. The violation 5 of any provision of this section may also be prosecuted pursuant to 6 the civil procedures and penalties of Chapter 609, Ordinance Code, 7 andor through the issuance of notices to appear, at the discretion 8 of the Sheriff or the City. In addition to the sanctions contained 9 hereinAdditionally, the City shall be authorized to take any 10 appropriate legal action, including, but not limited to, seeking 11 cease 12 injunctive relief. It is the intent and purpose of this section to 13 provide additional and cumulative remedies. 14 and desist Section orders, 5. and Amending (General (Dancing Entertainment (Administration) 17 section 151.208 (Suspension and revocation of license.), Ordinance 18 Code. 19 1 (General provisions) and Part 2 (Administration), Ordinance Code, 20 is hereby amended to read as follows: section Part (Definitions.) 2 and DANCING ENTERTAINMENT ESTABLISHMENT CODE. 22 * Sec. 151.103. * (k) * * * * Definitions. 24 25 151.103 and Chapter 151 (Dancing Entertainment Establishment Code), Part CHAPTER 151. 23 provisions) permanent 16 amend 1 151 or Establishment to Part Chapter temporary 15 21 Code), requesting Violation means any a judicial action determining either 26 a finding inconsistent with a determination of innocence, including 27 by but not limited to, a plea of guilty, a plea of no contest, 28 withhold of adjudication or guilt or paying court costs or, for 29 purposes of section 151.208, a positive finding based upon clear 30 and 31 revocation hearing. convincing evidence submitted - 13 - at a license suspension or 1 * Dance performance * * 2 (m) 3 identification 4 identification card, issued by a commercial establishment that has 5 or requires a dancing entertainment establishment license, to each 6 performer, which shall contain at a minimum the name and photograph 7 of the performer. card 8 permit means established the in performer section work 151.214.an PART 2. ADMINISTRATION 9 * 10 Sec. 151.208. * * Suspension and revocation of license. 11 * Prior to * * 12 (e) 13 entertainment 14 binding arbitration through the American Arbitration Association, 15 subject 16 procedures a county court judge, who shall hold a hearing for the 17 sole 18 suspension 19 violation shall be deemed committed, by the county court judge, 20 based upon clear and convincing evidence submitted at the hearing. 21 A finding of violation at a suspension or revocation hearing shall 22 not establish precedent or be used in any civil or criminal penalty 23 proceeding. 24 apply retroactively to all dancing entertainment licenses currently 25 existing 26 suspension or revocation of a license shall not become effective 27 until the Sheriff obtains a final order authorizing the suspension 28 or revocation or the parties stipulate otherwise. 29 review, whether review is brought by the applicant or the Sheriff, 30 the Sheriff shall have the burden of demonstrating the validity of 31 the proposed suspension or revocation. license, to the purpose of or and the suspension the American determining revocation. or Sheriff revocation shall Arbitration whether For the Association just purposes refer of cause of this any dancing matter rules exists for to and the subsection, a This suspension or revocation process is intended to to those prospectively - 14 - issued hereinafter. The In any judicial 1 (f) The suspension or revocation of a license shall not 2 become effective until the Sheriff obtains a binding arbitration 3 awarda final order authorizing the suspension or revocation or the 4 parties stipulate otherwise. 5 * 6 Section 6. Amending Code), Part * * Chapter 2 151 (Dancing (Administration) to Entertainment 7 Establishment delete section 8 151.214 (Performer records.), Ordinance Code, and replace it with a 9 new section 151.214 (Performer work identification card), Ordinance 10 Code. Chapter 151 (Dancing Entertainment Establishment Code), Part 11 2 (Administration), Ordinance Code, is hereby amended to delete 12 section 151.214 (Performer records.), place a copy of the deleted 13 language Revised On File with the Office of Legislative Services, 14 and 15 identification card) to read as follows: replace 16 it with CHAPTER 151. a new section 151.214 (Performer work DANCING ENTERTAINMENT ESTABLISHMENT CODE. 17 * 18 * * PART 2. ADMINISTRATION 19 * * * 20 Sec. 151.214. Performer work identification card. 21 (a) 22 desiring 23 licensed under this Chapter must obtain a Work Identification Card 24 from the Sheriff. 25 entertainment establishment without having previously obtained said 26 Work 27 Period as set 28 holder or establishment 29 otherwise allow any performer to perform in a dancing entertainment 30 establishment 31 Identification Card except as permitted during the Grace Period as Performer Work Identification Card required. Any person to perform a dancing entertainment establishment No person shall act as a performer in a dancing Identification forth who in Card, in does except this permitted section. manager not as shall possess - 15 - a during Additionally, employ, valid the no contract and Grace license with effective or Work 1 set forth in this section. 2 (b) Penalty. Any performer, license holder, owner, operator 3 or manager who violates or knowingly permits a violation of this 4 section shall be guilty of a misdemeanor of the second degree. 5 (c) Application for Work Identification Card. An application 6 for a Work Identification Card shall be created by and obtained 7 from the Sheriff. 8 information he or she deems relevant to the purposes established in 9 this section for The Sheriff is authorized to include whatever issuance of the Work Identification Card, 10 including fingerprinting and photographs and proof of a valid and 11 effective work permit or visa for non-U.S. citizens. Each applicant 12 shall demonstrate to the Sheriff that he or she has completed a sex 13 trafficking 14 include those 15 Lodging Association, 16 Ending Slavery & Trafficking and the U.S. Department of Homeland 17 Security. 18 Sheriff. The application 19 completed and submitted 20 nonrefundable application fee. Each applicant must submit proof of 21 identity and proof that applicant is at least twenty-one (21) years 22 of age. Work Identification Cards shall not be issued to any person 23 under the age of twenty-one. 24 Card shall be issued to an applicant who has been convicted of 25 human trafficking or any human trafficking-related charge or who is 26 currently on probation for any violation listed under subsection 27 (l), below. 28 (1) year. All current performers shall obtain a Work Identification 29 Card 30 section (the "Grace Period"). Upon conclusion of the Grace Period, 31 no performer shall be permitted to perform until a current Work education developed Other within program. and the Acceptable presented Polaris programs not the Project, listed shall to by be the in training may American Hotel ECPAT-USA, be by signed, together & Business approved writing, Sheriff programs with the fully the Additionally, no Work Identification Work Identification Cards are valid for a term of one ninety (90) days from - 16 - the effective date of this 1 Identification Card is obtained. 2 (d) False statement or false information in applying for a 3 Work 4 applying for a Work Identification Card to make a false statement 5 or 6 facilitate the issuance of same. 7 Identification otherwise (e) 8 each new 9 renewal Card. provide It false shall be unlawful information which for is any person intended to Fees. The applicant shall pay an application fee with request of a for Work a Work Identification Identification Card. Card The and fees with shall each not be 10 prorated. The applicant shall also pay a duplicate card fee for 11 each duplicate copy of an existing Work Identification Card. The 12 initial and renewal application fees shall be $150. 13 issuance of a duplicate Work Identification Card shall 14 Fees are non-refundable. 15 (f) The fee for be $50. Issuance of Work Identification Card. The Sheriff is 16 responsible 17 Identification 18 Identification Card should be issued, the Sheriff shall immediately 19 render 20 Identification Card shall, at a minimum, include the performer's 21 name, photograph, and a unique card number. Should the Sheriff 22 determine that the proof submitted with the application for the 23 Work 24 satisfactory, 25 Identification Card and shall provide written notification to the 26 applicant stating the reason(s) for any such denial. 27 a for Work verifying Card Identification the information application. Identification (g) all Card Sheriff Upon Card as determining to the required shall contained deny on that applicant. a Work the Work Said hereinabove issuance of Work is not said Work Retention of Performer Roster and Work Identification 28 Card. All persons required pursuant to this Code to obtain a Work 29 Identification Card shall keep same on their person or with their 30 personal belongings at all times while performing at a 31 entertainment establishment. The - 17 - dancing dancing entertainment 1 establishment shall compile and retain a complete performer roster 2 that includes all performers performing at the establishment for a 3 period 4 performance date. The performer roster shall be organized by date 5 and performer, including the performer's first and last name and 6 stage 7 maintain a Work Identification Card file, organized alphabetically 8 by performer's last name, with legible photocopies of the Work 9 Identification of thirty name. The (30) days dancing Card from each performer's entertainment of each most establishment performer recent shall performing at also said 10 establishment for a period of two (2) years from each performer's 11 most 12 during the Grace Period established in this section, no performer 13 shall perform until the performer roster is updated to include the 14 performer 15 Identification 16 performer roster and the Work Identification Card file shall be 17 made available to the Sheriff for inspection and/or copying upon 18 request. 19 (h) recent performance information, Card Appeal. and is In date. the placed the Other than legible on file event that performers photocopy as an performing of required applicant the herein. for a Work The Work 20 Identification Card is denied, said applicant may request emergency 21 injunctive relief from the Circuit Court of the Fourth Judicial 22 Circuit 23 interest in not having persons under the age of twenty-one or with 24 criminal convictions identified in paragraph (l) perform in adult 25 entertainment 26 Cards shall be issued by the Sheriff. 27 (i) of the State of Florida. establishments, no Due to the provisional overriding Work public Identification Transfer of Work Identification Card prohibited. A Work 28 Identification Card shall not be transferred from one person to 29 another; however, the person to whom the Work Identification Card 30 was 31 entertainment establishments in the City. issued may utilize same in any - 18 - and all licensed dancing 1 (j) Alteration of Work Identification Card prohibited. It 2 shall be unlawful for any person to alter or otherwise change the 3 contents 4 permission of the Sheriff. 5 (k) of a Work Identification Requirement of Managers, Card without License the Holders, written Owners and 6 Operators to Verify Work Identification Cards of Performers. No 7 person 8 operate a dancing entertainment establishment shall permit, employ, 9 or otherwise allow any person managing, owning or operating or holding a license to to perform at said establishment 10 unless such person has a valid, current, Work Identification Card 11 issued in accordance herewith, unless such performer is performing 12 within the Grace Period established in this section. Each owner and 13 operator of the establishment shall have a separate and independent 14 duty to verify that all performers are in compliance with this 15 section. 16 and 17 compliance 18 working at the establishment. 19 the managers, owners and operators of the establishment for each 20 performer, and for each day that a performer does not have the 21 required Work Identification Card. It shall be prima facie evidence 22 of a violation of this Chapter if the establishment does not have a 23 legible photocopy of a current Work Identification Card on file for 24 each performer as of the date of each performance, except during 25 the Grace Period. 26 Each manager of the establishment shall have a separate independent (l) with duty this to verify section that during all all performers times the are in manager is Separate violations may be issued to Violations subject to criminal prosecution. Either while 27 performing at or while present in any dancing entertainment 28 establishment, any performer who violates subsection (a) of this 29 section may be prosecuted by the State Attorney. Upon conviction of 30 such violation, the prosecuting officials shall notify the Sheriff 31 of said conviction. Additionally, for any performer convicted of - 19 - 1 the following violations either while performing at or while 2 present in any dancing entertainment establishment, the performer’s 3 Work Identification Card shall be suspended as follows: 4 i. Five (5) years for prostitution; 5 ii. Three (3) years for violent felonies; 6 iii. Three (3) years for narcotic sales or drug trafficking; 7 iv. One (1) year for lewd/obscene acts; and 8 v. One (1) year for possession of narcotics or narcotics 9 paraphernalia. 10 The suspensions authorized herein shall not be ordered as part of 11 any criminal penalties assessed in any criminal proceeding. 12 the Council’s intent that the remedies established herein are civil 13 in 14 contravention of those established in the Florida Statutes. nature 15 (m) and are not Violation intended Subject to to be Civil a criminal Prosecution. It is penalty Any in owners, 16 managers or operators of a dancing entertainment establishment who 17 violates the provisions of subsections (g), (k) or (l) of this 18 section may be 19 adjudication of 20 shall 21 business days. 22 offense, with each day upon which a violation occurs constituting a 23 separate civil offense. 24 notify (n) prosecuted such the by civil Sheriff the Sheriff violation, of such the or the City. prosecuting adjudication within Upon officials five (5) Violations shall be considered a Class F civil Violations Subject to All Legal Remedies. The violation 25 of any provision of this section may be prosecuted pursuant to the 26 civil procedures and penalties of Chapter 609, Ordinance Code or 27 through the issuance of notices to appear, at the discretion of the 28 City or the Sheriff. Additionally, the City shall be authorized to 29 take any appropriate legal action, including, but not limited to, 30 seeking 31 permanent injunctive relief. It is the intent and purpose of this cease and desist orders, - 20 - and requesting temporary or 1 section to provide additional and cumulative remedies. 2 Section 7. Deleting Sections 150.423 (Performer dancer 3 requirements) and 151.413 (Performer dancer requirements). Sections 4 150.423 5 dancer requirements) 6 copy of the deleted language is placed Revised On File with the 7 Office of Legislative Services. 8 9 (Performer Section 8. dancer requirements) and 151.413 (Performer are hereby deleted in their entireties. Amending Chapter 250 (Miscellaneous A Business Regulations), Part 1 (In General), Ordinance Code, to create a new 10 section 250.125 11 Public 12 Business 13 hereby amended to create a new section 250.125 (Public Lodging 14 Establishment Human Trafficking Public and Employee Awareness) to 15 read as follows: and (Public Employee Regulations), Lodging Establishment Awareness). Part 1 Chapter (In General), Human 250 Trafficking (Miscellaneous Ordinance 16 CHAPTER 250. MISCELLANEOUS BUSINESS REGULATIONS 17 PART 1. IN GENERAL 18 * 19 Sec. 250.125. 20 Store 21 Awareness. 22 Public Establishment (a) Pursuant to * section is * Lodging, Human Code, Gas Station Trafficking 509.096, and Public Florida Convenience and Employee Statutes, Public 23 Lodging Establishments regulated by Part I of chapter 509, Florida 24 Statutes 25 location that is clearly visible to the public and employees of the 26 establishment and must provide human trafficking training to all 27 housekeepers and front desk or reception employees. 28 the requirements of section 509.096, Public Lodging Establishments, 29 and all gas stations and convenience stores, shall also display 30 public awareness signs on the inside of the main access door of all 31 Guest rooms and public restrooms. must display public awareness signs in a conspicuous In addition to The term “Guest” shall have the - 21 - 1 meaning defined by section 509.013, Florida Statutes, as it may be 2 amended from time to time. 3 displaying the public awareness sign shall constitute a separate 4 violation. Any Guest room or public restroom not 5 The required public awareness signs located in the Guest rooms 6 and public restrooms must be at least 3 inches by 7 inches in size 7 and 8 substantially the following in English and Spanish or English and 9 such other language as determined by industry demographic: must be printed in at least 12-point type and must 10 If you or someone you know is being forced to engage in 11 an activity and cannot leave-whether it is prostitution 12 or sex work, housework, farm work, factory work, retail 13 work, restaurant work, or any other activity- call the 14 National Human Trafficking Resource Center at 1-888-373- 15 7888 or text INFO or HELP to 233-733 to access help and 16 services. Victims of slavery and human trafficking are 17 protected 18 notice 19 Jacksonville Ordinance Code. 20 (b) under is United posted Within six (6) all Public States and pursuant months law. to Section the effective 250.125, date of this ordinance, 22 convenience 23 spotting, reporting and preventing human trafficking. 24 training 25 presented by the American Hotel & Lodging Association, the Polaris 26 Project, ECPAT-USA, Business Ending Slavery & Trafficking and the 27 U.S. Department of Homeland Security. 28 may be approved by the Director of the Neighborhoods Department. 29 The manager or owner (or designated representative) must certify to 30 the Director of the Neighborhoods Department on a quarterly basis 31 the names of all employees who have received the required training literature shall and Establishments, This 21 stores Lodging of Florida state provide training programs - 22 - include to gas stations all employees those and on Acceptable developed and Other programs not listed 1 and identify the name of the program used for the training. 2 (c) This subsection shall be enforced by the Director of the 3 Neighborhoods Department, or his or her designee. 4 be 5 violation before enforcement is sought. 6 shall be considered a Class C offense, with each day and each 7 separate violation of the requirements of this subpart constituting 8 a separate and enforceable violation. provided 9 (d) a warning and reasonable Violators shall opportunity to correct a Violations of this subpart Within ninety (90) days of the effective date of this 10 ordinance, the Neighborhoods Department shall provide information 11 about or a link to the educational programs identified herein for 12 those businesses affected by this ordinance. In addition, the Tax 13 Collector 14 occupational licenses from affected businesses with an educational 15 statement explaining the requirements of the ordinance, which the 16 Neighborhoods Department shall provide. 17 (e) shall be encouraged to provide all applicants of Because it has been demonstrated that approximately 81% 18 of sex trafficking occurs in public lodging establishments, if any 19 requirement contained in this section is determined to be preempted 20 to the state, then rather than mandatory compliance with section 21 250.125, the City would strongly encourage those public lodging 22 establishments to voluntarily comply with these requirements. 23 Section 9. Authorizing Fee Increase. In order to more 24 accurately reflect the actual costs of administering the respective 25 licensing programs, the Sheriff is hereby authorized to increase 26 the license fee specified in sections 150.215 and 151.212,Ordinance 27 Code, 28 application 29 amount on its website: www.jaxsheriff.org/fees. 30 31 up to and per including year. Section 10. Survivors Leadership The Creating a maximum Sheriff a Council), new shall of $2500.00 per updated fee post the Chapter Ordinance - 23 - amount 96 Code. (Sex Trafficking Chapter 96 (Sex 1 Trafficking Survivors Leadership 2 hereby created to read as follows: Council), Ordinance Code, is 3 CHAPTER 96. SEX TRAFFICKING SURVIVORS LEADERSHIP COUNCIL. 4 Sec. 96.101. 5 It is the intent of this Chapter to create an advisory body to 6 the City Council to investigate the root causes of sex trafficking 7 in 8 trafficking, 9 associated the City Intent. and to develop enhance public with sex effective measures awareness trafficking of and to both to prevent the sex problems recognize the 10 characteristics of the sex trafficking trade and to advise the 11 Council on potential policies and programs to further the City’s 12 goal of eliminating the sex trafficking trade in the City. 13 Sec. 96.102. 14 There is hereby established an advisory body to be known as Sex Establishment. 15 the Trafficking Survivors Leadership Council, 16 referred to as the Survivors Council. 17 be subject to all applicable public meetings and public records 18 laws. The Survivors Council shall 19 Sec. 96.103. Membership; Terms; Composition. 20 The Council Survivors shall be hereinafter composed of seven members 21 selected by the Mayor and approved by the City Council. 22 member shall be a sex trafficking survivor, who shall reside in 23 Duval 24 interests in Duval County. In selecting potential Survivors Council 25 members, the Mayor shall consult with recognized sex trafficking 26 survivor organizations in Duval County. 27 shall be appointed by the City Council President and one employee 28 of the Jacksonville Sheriff’s Office shall be appointed by the 29 Sheriff to serve as liaisons to the Survivors Council. County or shall have significant business or Each financial One City Council member 30 The Survivors Council members shall serve for a term of two 31 years or until a successor has been appointed/confirmed by the City - 24 - 1 Council; provided that, of the initial appointments, three of the 2 Survivors Council members shall serve for a three-year term and the 3 remaining four members shall serve for a two-year term. Members of 4 the 5 consistent with general laws regulating service on City boards and 6 commissions. Any member appointed to the Survivors Council for two 7 consecutive 8 succeeding term. Survivors 9 Council full terms Sec. 96.104. 10 (a) may be appointed shall not be for consecutive eligible for terms the next Organization. The Survivors Council shall meet at least quarterly at 11 such times and places as are fixed by the rules of the Survivors 12 Council. 13 rules of the Survivors Council. At its first regularly scheduled 14 meeting held after each October 1st, the Survivors Council shall 15 elect from among its members a Chair and Vice Chair, who shall 16 assume their positions immediately upon election. 17 Special meetings shall be called in accordance with the (b) The Chair shall preside at all meetings of the Survivors 18 Council and shall appoint the members of the various committees, 19 task 20 Survivors Council in furtherance of its purposes. 21 forces, (c) study The groups, Survivors and Council other may bodies adopt, authorized amend, and by the rescind 22 procedural rules of the Survivors Council to aid in implementing 23 the 24 recommendations 25 Council shall be approved by the Survivors Council before the same 26 may be presented to the City Council. 27 provisions (d) of this made by chapter. or at All the reports, direction studies, of the and Survivors The Survivors Council may establish such committees from 28 among its 29 functions. 30 authorize 31 similar membership The the bodies as Survivors it Council establishment to carry deems out of may task necessary also, - 25 - from forces, specialized to and perform time study to its time, groups, detailed and projects 1 within the scope of its purposes. Any such body may include persons 2 who are not members of the Survivors Council, but the Chair thereof 3 shall be a Survivors Council member. The committee shall report on 4 its 5 Survivors 6 recommendation, 7 committee unless the matter is approved by the Survivors Council. progress to the Council Survivors shall favorable Council require. or at No adverse, such times report, may be made as the study, or by any such 8 Sec. 96.105. 9 The Survivors Council is established to accomplish the general 10 Purpose and Duties. purposes and duties as follows: 11 (a) To study and make recommendations to the City Council, Mayor’s 12 Office, City Staff, and community stakeholders with respect to 13 the root causes of sex trafficking in the City; developing 14 effective 15 public 16 trafficking and recognizing the characteristics of the sex 17 trafficking trade. measures awareness to of prevent the sex trafficking, problems associated enhancing with sex 18 (b) To act as a motivating and coordinating body to encourage 19 joint public and private participation in accomplishing the 20 Survivors Council’s goals and objectives. 21 (c) To review and make recommendations, if necessary, to the City 22 Council concerning potential policies and programs to further 23 the City’s goal of eliminating the sex trafficking trade in 24 the City. 25 (d) To provide the City Council with an annual report, due on 26 September 30th 27 trafficking in the City, including, but not limited to, the 28 status 29 efforts, 30 identified to the elimination of sex trafficking in the City. 31 Section 11. and of each year, effectiveness public awareness of regarding sex the state trafficking campaigns and any City and Sheriff employee training. - 26 - of sex prevention challenges The Mayor 1 and 2 inspectors, 3 employees, and any other personnel who regularly conduct property 4 inspections 5 reporting. 6 the Sheriff shall Fire or and visits Section 12. develop a Rescue regarding Effective Date. training personnel human This program and for all Sheriff’s trafficking ordinance office awareness shall City and become 7 effective upon signature by the Mayor or upon becoming effective 8 without the Mayor’s signature. 9 10 Form Approved: 11 12 /s/ Jason R. Teal 13 Office of General Counsel 14 Legislation prepared by: Jason R. Teal 15 GC-#1343820-v1-2020-74_-_FINAL.docx - 27 -