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File ID: #9240
Ordinance
Second Reading
Sponsored by: Manolo Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS
BUSINESS REGULATIONS," BY CREATING ARTICLE V, TITLED "HOTEL / MOTEL
REGULATIONS," TO ADDRESS HUMAN TRAFFICKING VIOLATIONS AND BY
CREATING AND PROVIDING DEFINITIONS, MINIMUM REQUIREMENTS,
REMEDIES, AND PENALTIES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 9240 (Revision: 8) Printed On: 8/5/2021
File Number: 9240
City of Miami
Legislation
Ordinance
Enactment Number: 14014
Final Action Date: 7/22/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS
BUSINESS REGULATIONS," BY CREATING ARTICLE V, TITLED "HOTEL / MOTEL
REGULATIONS," TO ADDRESS HUMAN TRAFFICKING VIOLATIONS AND BY
CREATING AND PROVIDING DEFINITIONS, MINIMUM REQUIREMENTS,
REMEDIES, AND PENALTIES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is well established that the City of Miami ("City") has a robust and
abundant lodging industry due to the City being a premier travel destination; and
WHEREAS, each year, millions of people visit the City to discover the City's world-
famous attractions, beaches, parks, entertainment district, and many dining and hospitality
venues; and
WHEREAS, these attractions have made the City a prime target for human traffickers;
and
WHEREAS, the United States Department of State ("State") has identified human
trafficking to be a global issue affecting every nation in the world; and
WHEREAS, the National Human Trafficking Hotline ("Hotline") has identified human
trafficking as affecting every state in the nation; and
WHEREAS, the State estimates that as many as 600,000 to 800,000 individuals are
trafficked across our nation's borders every year, with Florida receiving a high percentage of
those victims; and
WHEREAS, the Hotline has identified Florida as having the third highest report of human
trafficking in the nation with Miami -Dade County ranked as number one (1) in Florida; and
WHEREAS, it is well known that traffickers use lodging establishments such as Hotels /
Motels to house their victims while in transit or to sell their victims' forced services; and
WHEREAS, it is recognized that human traffickers do not limit their criminal activities to
only human trafficking violations and engage in a multitude of criminal ventures in order to
maximize their profits such as drugging and robbing unsuspicious target clientele, drug sales,
drug trafficking, identity theft, and gun related crimes; and
WHEREAS, human traffickers present great risks for the safety and security of Hotels /
Motels as well as legitimate customers of the Hotels / Motels; and
City of Miami File ID: 9240 (Revision: 8) Printed On: 8/5/2021
WHEREAS, victims of human trafficking are often subjected to serious mental and
physical abuse and health risks, including extreme violence, sexually transmitted diseases, drug
and alcohol addiction, memory loss, miscarriages or forced abortions, Post -Traumatic Stress
Disorder, anxiety, fear, and lifelong psychological trauma; and
WHEREAS, individuals engaged in prostitution, a closely related crime, are exposed to
similar physical and psychological trauma and are at a higher risk of becoming victims of human
trafficking; and
WHEREAS, the Florida Legislature has promulgated statutes regulating Hotels / Motels
to address this global crisis within the nation; and
WHEREAS, the Hotline has identified Hotels / Motels as having a unique role in the fight
against human trafficking; and
WHEREAS, deterring human trafficking and reducing crime protects the health, safety,
and welfare of the general public; and
WHEREAS, the City Commission finds, based on the record before it, that it is in the
best interests of the City, the community, affected persons, and the stakeholders to enact this
Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, Chapter 31 of the Code of the City of
Miami, Florida, as amended, titled "Local Business Taxes and Miscellaneous Business
Regulations," is further amended in the following particulars:'
"CHAPTER 31
LOCAL BUSINESS TAXES AND MISCELLANEOUS BUSINESS REGULATIONS
ARTICLE V. HOTEL / MOTEL REGULATIONS.
Section 31-89 — 31-93. Reserved
Sec. 31-94. Hotel / Motel Rentals -Prohibition of Human Trafficking; Definitions: Required
Minimum Requirements and Standards, Violations, and Penalties.
(a) Definitions. As used in this Section, the following words will have the following definitions:
Hotel(s) I Motel(s) shall mean hotels, motels, inns, bed and breakfasts, and all other Lodging
Uses as set forth in Article 1 of Ordinance No. 13114, the Zoning Ordinance for the City of
Miami, Florida, as amended ("Miami 21"), and the Laws of the State of Florida, regardless of
size and number of units.
' Words/and or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanaed material.
City of Miami File ID: 9240 (Revision: 8) Printed On: 8/5/2021
Human Traffickina shall mean the same as is set forth in Section 787.06. Florida Statutes.
Labor Traffickinq shall mean the recruitment, harboring, transportation, provision, or obtaining of
a person for labor or services through the use of force, fraud, or coercion pursuant 22 United
States Code Section ("USC") 7102.
Sex Trafficking shall mean the recruitment, harboring, transportation, provision, obtaining,
patronizing, or soliciting of a person for the purposes of a commercial sex act in which the
commercial sex act is induced by force, fraud, or coercion pursuant to 22 USC Section 7102.
(b) Minimum Requirements, Standards. To eradicate the scourge of Human Trafficking, Hotels /
Motels in the City will adhere to and comply with the following minimum requirements and
standards.
(1) Rental. No rentals to minors. Room rentals shall be limited to persons over the age of
eiahteen (18) vears old.
(2) Photographic identification CID') required. Rentals shall only be permitted to those persons
over the age of eighteen (18) with a government issued photographic identification that
establishes the name, age, and address of the person registering.
(3) Check in and check out procedure, information, and Hotel / Motel log. Hotels / Motels shall
keep the information provided in the ID of the party registering for the room(s) referenced above
along with the following information in a log to be kept on the premises: number of person(s)
occupying the room(s); automobile tag number, if applicable; dates when room will be occupied;
rate charged; and any other information as required by Section 509.101, Florida Statutes. The
log shall be kept for inspection by the Hotel / Motel for two (2) calendar years as required by
Florida Statute and for inspection by the Miami Police Department.
(4) CCTV. Hotels / Motels shall install and maintain a Closed -Circuit TV or cloud -based video
surveillance system ("CCTV") which films the front entrance or any other entry or exit, the
check -in desk area, any open-air breezeways, and any parking area of the Hotel / Motel. The
CCTV shall have at least a thirty (30) day memory and a camera that is a minimum of 1080 HD
with a frame rate of fifteen (15) frames per second.
(i) City Access to CCTV. Each Hotel / Motel shall have the option to voluntarily participate with
and allow access to the stored video based upon a mutually agreed upon process or a lawful
request from the Miami Police Department. This access shall not be construed as the Miami
Police Department providing any surveillance, security, or any other manner of assistance with
security and safety on the premises.
(ii) CCTV Warning: Every Hotel / Motel shall provide warning notices prominently displayed at
all entrances and exits that CCTV cameras are operational and recording the check -in area,
entrances, exits, parking areas, and open-air breezeways. No CCTV camera shall be
specifically set to record a Hotel / Motel room door but rather general entry, exit, check -in desk
area, parking area, and open-air breezeway views. CCTV cameras set in any area where there
may be Hotel / Motel room entry door shall not be in violation of this Article so long as the
camera focus is the aeneral area as described herein.
(5) Cause for Warrants. Probable cause for criminal search warrants and cause for civil
inspection warrants to search any Hotel / Motel believed to be in violation of Federal, State, or
Local law shall be done in accordance with Chapter 933, Florida Statutes.
(6) Minimum Hours of Room Rentals. Hotel / Motel rooms must be rented for a minimum time of
four (4) consecutive hours. This is the minimum stay period. No room may be rented more than
six (6) times in a twenty-four (24) hour period.
City of Miami File ID: 9240 (Revision: 8) Printed On: 8/5/2021
(7) Advertising, Signage. (i) No advertising or signage of fractional room rentals is permitted on
premises. (ii) The Hotel / Motel shall post a Human Trafficking public awareness sign in a
conspicuous area as specified and required in Section 509.906, Florida Statutes, including the
National Human Trafficking Hotline Number and the Miami Human Trafficking Hotline with the
Miami -Dade State Attorney's Office 305-FIX-STOP (305-349-7867).
(8) Annual Human Trafficking Awareness Training. The Hotel / Motel shall provide annual
Human Trafficking Awareness Training to its employees as is specified and required in Section
509.906, Florida Statutes.
(9) Reporting of Human Trafficking. The Hotel / Motel shall be responsible to report all Human
Trafficking as required by Section 509.906, Florida Statutes, and the Miami Human Trafficking
Hotline with the Miami -Dade State Attornev's Office 305-FIX-STOP (305-349-7867).
(10) Fire -Rescue, Building, and City Code Compliance. At the time the Hotel / Motel applies for
the annual Business Tax Receipt ("BTR") or Certificate of Use (CU") including the renewal of the
BTR or the CU, the Hotel / Motel shall allow inspection by the Fire -Rescue and Building
Departments to assure compliance with all Fire, Building, and City Codes, as applicable.
(11) Crime Mitigation Plan. At the time a Hotel / Motel applies for its annual BTR or CU from the
City, each Hotel / Motel shall include a crime mitigation plan, which shall be approved by the
Chief of Police and shall at minimum attest to the following: (i) each employee has complied as
required by the State of Florida with the annual Human Traffic Awareness Training set forth in
Section 509.096, Florida Statutes, or the employee is currently undergoing such training and
provide proof of such compliance; (ii) Hotels / Motels shall have a duty to report any illegal
activity observed on the premises to the Miami Police Department; and (iii) Hotels / Motels shall
fully cooperate with the Miami Police Department and the prosecuting agency or agencies
regarding any investigation or subsequent arrest made on the premises.
(12) Lighting. Hotels / Motels shall install and maintain lighting as required by Chapter 10, Article
XI of the City Code in good operational condition in the main entrance and parking area.
(13) Security. Hotels / Motels shall hire at least one (1) full time security guard or off -duty City
certified law enforcement officer to patrol the premises from 9:00 PM to 5:00 AM seven (7) days
a week.
(14) Installation of Lighting and CCTV. Installation or upgrading of lighting or CCTV as required
by this Ordinance shall be required to be completed within six (6) months of the date of the
Ordinance's adoption unless the Hotel / Motel is found in violation of any other requirement of
this Ordinance, in which case, compliance shall be immediate.
(c) Remedies. Penalties.
Hotels / Motels violating this Ordinance will be subject to one (1) or more of the remedies
provided for in this Section as decided by the City and/or any other public agency having
jurisdiction over the premises. All remedies are cumulative and do not preclude or impede in
any way a law enforcement officer to investigate and effectuate an arrest for related criminal
conduct or activity on the premises.
Legal action in a court of competent jurisdiction for violation of the City Code as provided
for in Section 1-13 of the City Code and/or other civil action deemed to be in the City's
best interests.
Denial, suspension, or revocation of a BTR in accordance with applicable provisions of
the City Code.
City of Miami File ID: 9240 (Revision: 8) Printed On: 8/5/2021
Denial, suspension, or revocation of a CU in accordance with Chapter 2 of the City
Code.
Proceedings before the City's Nuisance Abatement Board and all remedies available
under such proceedings.
Remedies under the Florida Contraband Forfeiture Act as provided in Section 932.701-
932.7062, Florida Statutes.
Code Enforcement Proceedings pursuant to Chapter 2, Article X of the City Code:
First violation shall be punishable with a $1,000.00 per diem fine.
ii Second violation shall be punishable with a $2,500.00 per diem fine.
LiL Third and subsequent violations shall be punishable with a $5,000.00 per diem fine.
iv Any Hotel / Motel found to have facilitated prostitution, Human Trafficking, or other illegal
criminal acts is subject to a fine of up to $15,000.00 as a Code Enforcement matter if
the Code Enforcement Board or Special Master finds the violation to be irreparable
or irreversible in nature in accordance with the criteria set forth in Section 2-817 of
the City Code.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. The City Manager is directed to report back to the City Commission on the
effectiveness of this Ordinance in eradicating illegal activities at Hotels / Motels at the first City
Commission meeting in January 2022.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS
1 1
i ria i ende` z, City Attor iey 6/1512021 i ria i ndez, Cify Attor ey 6/2912021
1
i • ria i ndez, City Attor iey 7/1312021
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 9240 (Revision: 8) Printed On: 8/5/2021