| 1 | Representative Burgin offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 210 and 211, insert: |
| 5 | Section 1. Section 480.0465, Florida Statutes, is amended |
| 6 | to read: |
| 7 | 480.0465 License number in advertisement.--Each massage |
| 8 | therapist or massage establishment licensed under the provisions |
| 9 | of this act shall include the number of the license in any |
| 10 | advertisement of massage services appearing in any newspaper, |
| 11 | airwave transmission, telephone directory, or other advertising |
| 12 | medium. Pending licensure of a new massage establishment |
| 13 | pursuant to the provisions of s. 480.043(6), the license number |
| 14 | of a licensed massage therapist who is an owner or principal |
| 15 | officer of the establishment may be used in lieu of the license |
| 16 | number for the establishment. |
| 17 | Section 2. Section 480.067, Florida Statutes, is created |
| 18 | to read: |
| 19 | 480.067 Advertising implying services other than massage |
| 20 | or licensed services without a license.-- |
| 21 | (1) Any direct or indirect publication, dissemination, or |
| 22 | display, whether by hire, contract, or otherwise, by any massage |
| 23 | therapist, establishment, or board-approved massage school or |
| 24 | escort bureau or any owner, manager, or employee of an |
| 25 | establishment or board-approved massage school within the scope |
| 26 | of this chapter in any newspaper, magazine, or other publication |
| 27 | or through any radio, television, telephone, Internet, |
| 28 | pictorial, or other advertising medium that explicitly states, |
| 29 | or would suggest to a reasonable, prudent person, that any |
| 30 | service other than that of massage is provided is prohibited. |
| 31 | (2) Any word, phrase, or combination of words used in any |
| 32 | advertisement that implies the provision of a service other than |
| 33 | that of massage, or that gives the public a basis to believe |
| 34 | that sexual stimulation, sexual gratification, or any form of |
| 35 | sex service is provided, is prohibited within the intent of this |
| 36 | section. Terms and words that may, depending upon the context, |
| 37 | be used to convey that sexual stimulation or sexual |
| 38 | gratification is offered include, but are not limited to, |
| 39 | "actresses," "all our escorts have health certificates," "all |
| 40 | our models have health certificates," "bodies beautiful," "girls |
| 41 | galore," "call us and make your point," "call us, we come to |
| 42 | you," "climax," "couples and swingers," "desires," "direct to |
| 43 | your room," "do you want a swinger," "dominance," "double |
| 44 | delight," "erotic," "erotic encounters," "exciter," "fantasies," |
| 45 | "fetishes," "for adults only," "fox hunting," "fulfill," "girls |
| 46 | to go," "happy endings," "hard core," "hot," "it's legal in |
| 47 | Florida," "love," "maid," "maids," "maid service," "make your |
| 48 | point," "massages," "models," "models, girls, or escorts in the |
| 49 | privacy of your hotel or motel room," "models, girls, or escorts |
| 50 | to act out your fantasies," "no need to leave your hotel," "no |
| 51 | need to leave your hotel room," "nude models," "open 24 hours |
| 52 | for your desires," "open 24 hours for your pleasure," "outcall," |
| 53 | "rooms provided," "satisfy," "seductive," "sensuous," "sexy," |
| 54 | "showers," "showgirls," "showguys," "so good," "someone to |
| 55 | enjoy," "special services," "spend some time with me," "spice," |
| 56 | "spicy," "submit to pleasure," "swingers and couples," |
| 57 | "swinging," "tantalizing," "the pleasure is yours," "the utmost |
| 58 | in discretion," "two for one," "warm," "we come direct to you," |
| 59 | "we deliver," "we deliver the goods," "we go out," "we have a |
| 60 | model, escort, or girl for your every need," "we respond |
| 61 | immediately," "you always win," and "you won't be disappointed." |
| 62 | (3) Any photograph, picture, drawing, sketch, pictorial |
| 63 | representation, or verbal or written description used in an |
| 64 | advertisement of any massage, massage therapist, or board- |
| 65 | approved massage school or escort bureau in any medium is |
| 66 | prohibited and presumed to advertise the availability or |
| 67 | provision of sexual stimulation or sexual gratification or sex |
| 68 | services if it shows or depicts a massage therapist, or a |
| 69 | representation of a massage therapist, in an unclothed state or |
| 70 | attired in clothing that shows: |
| 71 | (a) The human male or female genitals, pubic area, or |
| 72 | buttocks with less than a fully opaque covering; |
| 73 | (b) Any portion of the female breast below the top of the |
| 74 | nipple with less than a fully opaque covering; or |
| 75 | (c) Covered male genitals in a discernibly turgid state. |
| 76 | (4)(a) A person may not: |
| 77 | 1. Knowingly sell, lend, give away, distribute, transmit, |
| 78 | show, or transmute, or offer to sell, lend, give away, |
| 79 | distribute, transmit, show, or transmute, or have in his or her |
| 80 | possession, custody, or control with intent to sell, lend, give |
| 81 | away, distribute, transmit, show, transmute, or advertise in any |
| 82 | manner, the availability of a massage therapist, massage, or |
| 83 | board-approved massage school without obtaining a license |
| 84 | therefor as provided in this chapter, regardless of whether the |
| 85 | actual business of massage as defined in this chapter is |
| 86 | performed; |
| 87 | 2. Knowingly design, copy, draw, photograph, pose for, |
| 88 | write, print, publish, or in any manner whatsoever manufacture |
| 89 | or prepare any material, matter, article, or thing prohibited |
| 90 | pursuant to subsection (1), subsection (2), or subsection (3); |
| 91 | 3. Knowingly write, print, publish, or utter, or cause to |
| 92 | be written, printed, published, or uttered, any advertisement or |
| 93 | notice of any kind, giving information, directly or indirectly, |
| 94 | stating, or purporting to state, where, how, of whom, or by what |
| 95 | means any, or what purports to be any, such material, matter, |
| 96 | article, or thing of any such character can be purchased, |
| 97 | obtained, or had; or |
| 98 | 4. In any manner knowingly hire, employ, use, or permit |
| 99 | any person to do or assist in doing any act or thing prohibited |
| 100 | in subparagraphs 1.-3. |
| 101 | (b) A person who violates any provision of paragraph (a) |
| 102 | commits a misdemeanor of the first degree, punishable as |
| 103 | provided in s. 775.082 or s. 775.083. A person who, after having |
| 104 | been convicted of a violation of this subsection, thereafter |
| 105 | violates any of its provisions commits a felony of the third |
| 106 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 107 | 775.084. |
| 108 | (c) The knowing possession by any person of three or more |
| 109 | identical or similar materials, matters, articles, or things |
| 110 | prohibited in paragraph (a) is prima facie evidence of a |
| 111 | violation of paragraph (a). |
| 112 | (5) A person may not, as a condition of the sale, |
| 113 | allocation, consignment, or delivery for resale of any paper, |
| 114 | magazine, book, periodical, or publication, require that the |
| 115 | purchaser or consignee receive for resale any other article, |
| 116 | paper, magazine, book, periodical, or publication reasonably |
| 117 | believed by the purchaser or consignee to be obscene, and a |
| 118 | person may not deny or threaten to deny or revoke any franchise |
| 119 | or impose or threaten to impose any penalty, financial or |
| 120 | otherwise, by reason of the failure of any person to accept any |
| 121 | such article, paper, magazine, book, periodical, or publication, |
| 122 | or by reason of the return thereof. A person who violates this |
| 123 | subsection commits a felony of the third degree, punishable as |
| 124 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 125 | (6) Each act, thing, or transaction forbidden by this |
| 126 | section is punishable as a separate offense. |
| 127 | (7) Proof that a defendant knowingly committed any act, or |
| 128 | engaged in any conduct, referred to in this section may be made |
| 129 | by showing that, at the time such act was committed, or conduct |
| 130 | engaged in, the defendant had actual knowledge of the contents |
| 131 | or character of the material, matter, article, advertisement, or |
| 132 | thing possessed or otherwise dealt with, by showing facts and |
| 133 | circumstances from which it may fairly be inferred that he or |
| 134 | she had such knowledge, or by showing that he or she had |
| 135 | knowledge of such facts and circumstances as would put a person |
| 136 | of ordinary intelligence and caution on inquiry as to such |
| 137 | contents or character. |
| 138 | (8) There is no right of property in any of the materials, |
| 139 | matters, articles, or things possessed or otherwise dealt with |
| 140 | in violation of this section. Upon their seizure by any |
| 141 | authorized law enforcement officer, such items shall be held by |
| 142 | the arresting agency. If such items are no longer required as |
| 143 | evidence, the prosecuting officer or any claimant may move the |
| 144 | court in writing for the disposition of the items and, after |
| 145 | notice and hearing, the court, if it finds the items to have |
| 146 | been possessed or otherwise dealt with in violation of this |
| 147 | section, shall order the sheriff to destroy such items in the |
| 148 | presence of the clerk; otherwise, the court shall order the |
| 149 | items returned to the claimant if the claimant shows that he or |
| 150 | she is entitled to possession. If destruction is ordered, the |
| 151 | sheriff and clerk shall file a certificate of compliance. |
| 152 | (9)(a) The circuit court has jurisdiction to enjoin a |
| 153 | threatened violation of this section upon complaint filed by the |
| 154 | state attorney or attorney for a municipality in the name of the |
| 155 | state upon the relation of such state attorney or attorney for a |
| 156 | municipality. |
| 157 | (b) After the filing of such a complaint, the judge to |
| 158 | whom the complaint is presented may grant an order restraining |
| 159 | the person complained of until final hearing or further order of |
| 160 | the court. Whenever the relator state attorney or attorney for a |
| 161 | municipality requests a judge of such court to set a hearing |
| 162 | upon an application for such a restraining order, such judge |
| 163 | shall set such hearing for a time within 3 days after the making |
| 164 | of such request. No such order shall be made unless such judge |
| 165 | is satisfied that sufficient notice of the application therefor |
| 166 | has been given to the party restrained of the time when and |
| 167 | place where the application for such restraining order is to be |
| 168 | made; however, such notice shall be dispensed with when it is |
| 169 | manifest to such judge, from the sworn allegations of the |
| 170 | complaint or the affidavit of the plaintiff or other competent |
| 171 | person, that the apprehended violation will be committed if an |
| 172 | immediate remedy is not afforded. |
| 173 | (c) The person sought to be enjoined shall be entitled to |
| 174 | a trial of the issues within 1 day after joinder of issue, and a |
| 175 | decision shall be rendered by the court within 2 days after the |
| 176 | conclusion of the trial. |
| 177 | (d) In any action brought as provided in this subsection, |
| 178 | no bond or undertaking shall be required of the state attorney |
| 179 | or the municipality or its attorney before the issuance of a |
| 180 | restraining order provided for by paragraph (b), and there shall |
| 181 | be no liability on the part of the state or the state attorney |
| 182 | or the municipality or its attorney for costs or for damages |
| 183 | sustained by reason of such restraining order in any case if a |
| 184 | final decree is rendered in favor of the person sought to be |
| 185 | enjoined. |
| 186 | (e) Every person who has possession, custody, or control |
| 187 | of, or otherwise deals with, any of the materials, matters, |
| 188 | articles, or things described in this section, after the service |
| 189 | upon him or her of a summons and complaint in an action for |
| 190 | injunction brought under this subsection, is chargeable with |
| 191 | knowledge of the contents and character thereof. |
| 192 | (10) The sheriffs and state attorneys of this state shall |
| 193 | vigorously enforce this section within their respective |
| 194 | jurisdictions. |
| 195 | (11) This section does not apply to the exhibition of |
| 196 | motion pictures permitted by s. 847.013. |
| 197 | (12) Any store, shop, warehouse, building, vehicle, ship, |
| 198 | boat, vessel, aircraft, or any place whatsoever, which is |
| 199 | visited by persons for the purpose of unlawfully purchasing or |
| 200 | viewing any obscene material or performance as described in this |
| 201 | chapter, or which is used for the illegal keeping, selling, or |
| 202 | delivering of such obscene materials or performances, shall be |
| 203 | deemed a public nuisance. A person may not keep or maintain such |
| 204 | public nuisance or aid and abet another in keeping or |
| 205 | maintaining such public nuisance. |
| 206 | (13) The terms defined in s. 847.001 are applicable to |
| 207 | this section. |
| 208 |
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| 209 | ----------------------------------------------------- |
| 210 | T I T L E A M E N D M E N T |
| 211 | Remove lines 2-3 and insert: |
| 212 | An act relating to the regulation of professions; amending |
| 213 | s. 480.0465, F.S.; revising provisions relating to |
| 214 | advertising by massage therapist and massage establishment |
| 215 | licensees; creating s. 480.067, F.S.; prohibiting |
| 216 | advertisements that imply services other than licensed |
| 217 | massage; prohibiting advertising that gives the public a |
| 218 | basis to believe that sexual stimulation, sexual |
| 219 | gratification, or any form of sex service is provided; |
| 220 | providing examples of terms that may convey that sexual |
| 221 | stimulation, sexual gratification, or any form of sex |
| 222 | service is offered; prohibiting certain images in |
| 223 | advertising; prohibiting certain acts relating to massage |
| 224 | therapy and obscene materials; providing penalties; |
| 225 | providing for the seizure and destruction of certain |
| 226 | obscene materials; providing for the return of such |
| 227 | materials under certain circumstances; authorizing |
| 228 | injunctive relief for threats of certain violations of the |
| 229 | act; providing for enforcement; providing an exemption; |
| 230 | declaring certain places at which obscene materials or |
| 231 | performances are unlawfully purchased or viewed to be |
| 232 | public nuisances; prohibiting a person from maintaining |
| 233 | such a public nuisance; providing definitions; amending s. |
| 234 | 455.213, F.S.; |