§ 23-115. [Requirements to enforce the prohibition of human trafficking.]

(a)

Definitions. The following words, phrases, or terms when used in this section shall, unless the content otherwise indicates, have the meanings provided below:

Adult means a person 18 years of age or older.

Adult entertainment establishment , to the extent permitted by Florida law, shall have the same meaning as that term is defined in F.S. § 847.001.

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 F.S. Ch. 456, and defined in F.S. § 456.001.

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 F.S. Ch. 787, and defined in F.S. § 787.06.

Manager means an adult whom the owner or operator has placed in charge of the business or establishment for daily and routine operations.

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.

Performer means any adult who provides services designed to appeal to erotic or sexual appetites or inclinations at an adult entertainment establishment in pursuance of a trade, calling, business or occupation.

(b)

Worker identification card.

(1)

Worker identification card required. No adult shall act as a performer in an adult entertainment establishment without having previously obtained a worker identification card from the Monroe County Tax Collector.

(2)

Application for worker identification card. An application for worker identification card shall be submitted to the Monroe County Tax Collector on a form created by the tax collector which contains the following information:

a.

The applicant's full name;

b.

Any other names including "stage" names or aliases used by the applicant;

c.

The applicant's date of birth;

d.

The applicant's height and weight;

e.

A photograph of the applicant, provided by the applicant of a size approximating a passport picture size;

f.

The applicant's present residence address and telephone number;

g.

Proof that the applicant is at least 18 years old by submittal of two of the following:

1.

Original birth certificate;

2.

Original passport or visa which includes date of birth;

3.

Original driver's license;

4.

Original Florida ID Card;

5.

Any other original photo ID, which includes the applicant's date of birth.

(3)

False statement or false information in applying for a worker identification card. It shall be unlawful for any person applying for a worker identification card to make a false statement or otherwise provide false information which is intended to facilitate the issuance of same.

(4)

Fees. The applicant shall pay an annual worker's identification card fee of $225.00 with each new request for a worker identification card. The fee is payable each year starting July 1. The fee becomes delinquent on October 1 if not paid of every year. If the fee is not paid on or before October 1 then penalty fees as set forth by the tax collector shall apply.

(5)

Issuance of worker identification card. The tax collector is responsible for verifying all information contained on an application for a worker identification card. Upon determining that the worker identification card should be issued, the tax collector shall immediately render a work identification card to the applicant. Said worker identification card shall include the applicant's name, photograph, which was provided by the applicant, and card number. Should the tax collector determine that the proof submitted with the application for the worker identification card as required hereinabove is not satisfactory; the tax collector shall deny issuance of said worker identification card and shall provide written notification to the applicant stating the reason(s) for any such denial. The issuance of the tax collector's written notification shall be the final administrative action of the county.

(6)

Retention of worker identification card. All persons required pursuant to this Code to obtain a work identification card shall keep same on their person or with their personal belongings at all times while performing at an adult entertainment establishment. The adult entertainment establishment shall retain a photocopy of all worker identification cards issued to performers performing at said establishment. Worker identification cards and photocopies of worker identification cards shall be made available to law enforcement officers or code compliance officers for inspection upon reasonable notice and at reasonable times.

(7)

Appeal. In the event that an applicant for a worker identification card is denied, said applicant may request emergency injunctive relief from the Circuit Court of the Sixteenth Judicial Circuit of the State of Florida. Due to the overriding public interest in not having minors perform in adult entertainment establishments and to prohibit human trafficking, no provisional worker identification cards shall be issued by the tax collector.

(8)

Transfer of worker identification card prohibited. A worker identification card shall not be transferred from one person to another; however, the person to whom the worker identification card was issued may utilize that card in any and all licensed adult entertainment establishments.

(9)

Alteration of worker identification card prohibited. It shall be unlawful for any person to alter or otherwise change the contents of a worker identification card without the written permission of the tax collector.

(10)

Requirement of managers, owners, and operators to verify worker identification cards of performers. Persons managing, owning, or operating an adult entertainment establishment may not allow performers to perform in said establishment without a worker identification card. Any person managing, owning or operating an adult entertainment establishment shall verify that any performer performing in said adult entertainment establishment is 18 years of age or older.

(11)

Enforcement. Any state, county or municipal law enforcement officer is authorized to enforce this section pursuant to F.S. § 901.15(1).

(12)

Penalties and remedies.

a.

Any person who violates this section shall, upon conviction, be punished by a maximum of 60 days in jail and/or $500.00 fine. If the person convicted is an owner, manager, and/or operator of an adult entertainment establishment, the clerk shall notify the tax collector, the county attorney, and the city attorney for the municipality in which the establishment is located, if any.

b.

In addition to any penalty imposed upon a person found in violation of this section, the county attorney and/or the city attorney for the municipality where the establishment in which the violation is alleged to have occurred may seek injunctive relief against the establishment.

(13)

Juveniles. It is the intention of the board that all adults found in violation be punished pursuant to the penalties set forth in this section but that any juvenile determined to be in violation be treated as a victim and not be punished.

( Ord. No. 027-2015 , §§ 1, 2)

Editor's note

Ord. No. 027-2015 , §§ 1, 2, adopted Nov. 17, 2015, did not specify manner of inclusion; hence, codification as § 23-115 was at the request of the county.