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)/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.

Human trafficking shall mean the same as is set forth in F.S. § 787.06.

Labor trafficking 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 18 years old.

(2)

Photographic identification ("ID") required. Rentals shall only be permitted to those persons over the age of 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 F.S. § 509.101. The log shall be kept for inspection by the hotel/motel for two calendar years as required by state 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 30-day memory and a camera that is a minimum of 1080 HD with a frame rate of 15 frames per second.

a.

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.

b.

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 general 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 F.S. ch. 933.

(6)

Minimum hours of room rentals. Hotel/motel rooms must be rented for a minimum time of four consecutive hours. This is the minimum stay period. No room may be rented more than six times in a 24-hour period.

(7)

Advertising, signage.

a.

No advertising or signage of fractional room rentals is permitted on premises.

b.

The hotel/motel shall post a human trafficking public awareness sign in a conspicuous area as specified and required in F.S. § 509.096, 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 F.S. § 509.096.

(9)

Reporting of human trafficking. The hotel/motel shall be responsible to report all human trafficking as required by F.S. § 509.096, and the Miami Human Trafficking Hotline with the Miami-Dade State Attorney'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:

a.

Each employee has complied as required by the State of Florida with the annual human traffic awareness training set forth in F.S. § 509.096, or the employee is currently undergoing such training and provide proof of such compliance;

b.

Hotels/motels shall have a duty to report any illegal activity observed on the premises to the Miami Police Department; and

c.

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 full time security guard or off-duty city certified law enforcement officer to patrol the premises from 9:00 p.m. to 5:00 a.m. seven days a week.

(14)

Installation of lighting and CCTV. Installation or upgrading of lighting or CCTV as required by this article shall be required to be completed within six months of the date of the article's adoption unless the hotel/motel is found in violation of any other requirement of this article, in which case, compliance shall be immediate.

(c)

Remedies; penalties. Hotels/motels violating this article will be subject to one 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.

(1)

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.

(2)

Denial, suspension, or revocation of a BTR in accordance with applicable provisions of the City Code.

(3)

Denial, suspension, or revocation of a CU in accordance with chapter 2 of the City Code.

(4)

Proceedings before the city's nuisance abatement board and all remedies available under such proceedings.

(5)

Remedies under the Florida Contraband Forfeiture Act as provided in F.S. §§ 932.701—932.7062.

(6)

Code enforcement proceedings pursuant to chapter 2, article X of the City Code:

a.

First violation shall be punishable with a $1,000.00 per diem fine.

b.

Second violation shall be punishable with a $2,500.00 per diem fine.

c.

Third and subsequent violations shall be punishable with a $5,000.00 per diem fine.

d.

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.

(Ord. No. 14014, § 2, 7-22-21)

Secs. 31-95—31-99. - Reserved.

ARTICLE VI. - MASSAGE ESTABLISHMENTS