Subject:
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Authority to advertise a public hearing to be held on Tuesday, January 12, regarding a proposed ordinance relating to the health, peace, safety, and general welfare of the people of Pinellas County by establishing human trafficking signage display requirements and by establishing enforcement responsibilities and penalties.
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Recommended Action:
Recommended Action
Approve the authority to advertise the public hearing regarding the proposed ordinance.
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Strategic Plan:
Ensure Public Health, Safety, and Welfare
2.1 Provide planning, coordination, prevention, and protective services to ensure a safe and secure community
Summary:
The proposed ordinance implements Section 787.29 Florida Statutes, signed into law in June 2015. The ordinance requires public awareness signs to be displayed at all adult entertainment and massage/bodywork establishments to alert employees and the public about the existence, remedies and protections related to human trafficking. The proposed ordinance further requires the posting of awareness signs at state-registered specialty salons performing nail services, and authorizes the County to enforce the signage requirements. The recently enacted statute and the provisions of the proposed ordinance are to become effective March 1, 2016.
Background Information:
Human Trafficking typically exploits individuals for commercial sex or forced labor while subjecting victims to force, fraud, and coercion. In June 2015, the state enacted a new statute (Section 787.29 Fla. Stat.) that requires businesses and locations throughout Florida to display public awareness signage to inform the public about human trafficking and resources for assistance. The new law also authorizes counties to adopt ordinances to enforce the public awareness requirements.
On September 22, 2015, the Board directed staff to prepare an ordinance on human trafficking pursuant to the new law. At the meeting, nail salons were referenced for inclusion in the ordinance. To date, County Consumer Protection has not learned of human trafficking involving local nail salons. However, news reports from other states specifically reference the specialty of nail salons for their potential for human trafficking and wage theft based on workforce demographics. Nail services are considered specialty salons within the Florida licensing category of cosmetology. While many cosmetology locations do not perform nail services, notification and assessment will be performed for all locations defined as specialty salons.
The business types included in the ordinance and the number of locations within Pinellas County are as follows:
Adult Use: 24 locations (15 unincorporated; 9 municipalities)
Number of Massage/Bodyworks: 479 locations
Number of Specialty Salons: Up to 1236 locations for notification (288 with “nail” in name)
Consumer Protection is developing enforcement partnerships with local law enforcement, the Florida Department of Business and Professional Regulation, and the Florida Department of Health to effectively manage the ongoing workload of sign verification. Each of the partners has complementary responsibilities for visiting some of the locations.
Fiscal Impact:
Human Services anticipates that the coordination and regulatory activities prompted by this proposed ordinance will require .20 FTE staff for eight (8) hours per week at an estimated cost of $13,749.00 per year (includes fixed and variable fringe plus base salary). Funding for needed staff resources is available within Human Services’ Fiscal Year 2016 budget.
Staff Member Responsible:
Lourdes Benedict, Director, Human Services
Partners:
Florida Department of Business and Professional Regulation, Florida Department of Health, local law enforcement agencies
Attachments:
Proposed Ordinance-Revised
Section 787.29 Fla. Statutes
National Human Trafficking Resource Center Fact Sheet
Proposed Ordinance-1st Draft