HB 633

1
A bill to be entitled
2An act relating to human trafficking; providing
3legislative findings and intent; creating s. 480.054,
4F.S.; requiring criminal history checks for certain
5persons applying for a massage establishment license or
6renewal of such a license; providing requirements for the
7criminal history checks; requiring certain new employees
8to notify the Department of Health when there is a change
9of employment and to submit information necessary to
10conduct a criminal history check; authorizing a new
11employee to serve in his or her capacity pending a report
12of the criminal history check from the Federal Bureau of
13Investigation under certain circumstances; authorizing the
14department to deny an application for a massage
15establishment license under certain circumstances;
16amending s. 477.025, F.S.; requiring any person, firm, or
17corporation that operates a cosmetology salon or specialty
18salon that provides massage services to obtain a massage
19establishment license; amending s. 480.033, F.S.; defining
20the term "convicted" or "conviction" for purposes of ch.
21480, F.S., relating to massage practice; amending s.
22480.035, F.S.; authorizing the Board of Massage Therapy to
23adopt rules that provide for the disapproval of a massage
24school under certain circumstances; providing a
25definition; amending s. 480.042, F.S.; requiring massage
26therapist licensing examinations to be conducted in the
27English language; requiring each applicant for licensure
28to demonstrate his or her ability to communicate in
29English; amending s. 480.043, F.S.; requiring a person,
30firm, or corporation to report to the board the license
31number of each massage therapist employed or otherwise
32engaged to provide massages services; requiring each
33massage therapist to report to the board the license
34number of any massage establishment in which he or she
35provides massage services; authorizing the board to adopt
36rules; amending s. 480.046, F.S.; providing that the
37failure of a massage therapist to report to the board the
38license number of a massage establishment before providing
39massages services is grounds for disciplinary action;
40revising grounds under which the board may revoke or
41suspend the license of a massage establishment; amending
42s. 501.015, F.S.; requiring health studios that provide
43massage services to obtain a massage establishment
44license; amending s. 509.241, F.S.; requiring public
45lodging establishments that provide massage services to
46obtain a massage establishment license; amending s.
47787.06, F.S.; revising legislative findings relating to
48the forms in which human trafficking occurs; providing an
49effective date.
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  The Legislature finds that many perpetrators of
54human trafficking are shielding this activity behind counterfeit
55or valid professional or occupational licenses issued by the
56state. It is the Legislature's intent to provide law enforcement
57agencies in this state and the Department of Health the means to
58investigate, arrest, and prosecute any person, firm, or
59corporation that engages in human trafficking and prostitution
60under the guise of providing massage services or as a massage
61establishment.
62     Section 2.  Section 480.054, Florida Statutes, is created
63to read:
64     480.054  Massage establishments; criminal history checks;
65prohibited offenses.-
66     (1)  Except for a person licensed as a health care provider
67by the department; a person, firm, or corporation licensed as a
68health care clinic under part X of chapter 400; a public lodging
69establishment licensed under chapter 509; or a cosmetology salon
70or specialty salon licensed under chapter 477, the following
71persons applying for a massage establishment license shall
72submit to the department a set of fingerprints on a form under
73procedures specified by the department, along with a payment in
74an amount equal to the costs incurred by the department for a
75criminal history check:
76     (a)  The applicant, if an individual.
77     (b)  The administrator or a similarly titled person who is
78responsible for the day-to-day operation of the massage
79establishment.
80     (c)  The financial officer or similarly titled individual
81who is responsible for the financial operation of the licensee
82or massage establishment.
83     (d)  Any person who has a controlling interest, if the
84department has reason to believe that such person has been
85convicted of any offense listed in subsection (3). For each
86person who has a controlling interest and has been convicted of
87any such offense, the applicant shall submit to the department a
88description and explanation of the conviction on his or her
89application for a license.
90     (2)(a)  The department shall submit the fingerprints
91provided by an applicant for initial licensure to the Department
92of Law Enforcement for a statewide criminal history check, and
93the Department of Law Enforcement shall forward the fingerprints
94to the Federal Bureau of Investigation for a national criminal
95history check of the applicant.
96     (b)  For the initial renewal of an applicant's license
97occurring on or after July 1, 2010, the department shall submit
98the fingerprints provided by an applicant to the Department of
99Law Enforcement for a statewide criminal history check, and the
100Department of Law Enforcement shall forward the fingerprints to
101the Federal Bureau of Investigation for a national criminal
102history check.
103     (3)  The criminal history check under this section must
104ensure that a person subject to this section has not been
105convicted of any offense prohibited under any of the following
106provisions of the Florida Statutes or under any similar statute
107of another jurisdiction:
108     (a)  Section 393.135, relating to sexual misconduct with
109certain developmentally disabled clients and reporting of such
110sexual misconduct.
111     (b)  Section 394.4593, relating to sexual misconduct with
112certain mental health patients and reporting of such sexual
113misconduct.
114     (c)  Section 415.111, relating to adult abuse, neglect, or
115exploitation of aged persons or disabled adults.
116     (d)  Section 782.04, relating to murder.
117     (e)  Section 782.07, relating to manslaughter, aggravated
118manslaughter of an elderly person or disabled adult, or
119aggravated manslaughter of a child.
120     (f)  Section 782.071, relating to vehicular homicide.
121     (g)  Section 782.09, relating to killing of an unborn quick
122child by injury to the mother.
123     (h)  Section 784.011, relating to assault, if the victim of
124the offense was a minor.
125     (i)  Section 784.021, relating to aggravated assault.
126     (j)  Section 784.03, relating to battery, if the victim of
127the offense was a minor.
128     (k)  Section 784.045, relating to aggravated battery.
129     (l)  Section 784.075, relating to battery on a detention or
130commitment facility staff.
131     (m)  Section 787.01, relating to kidnapping.
132     (n)  Section 787.02, relating to false imprisonment.
133     (o)  Section 790.115(1), relating to exhibiting firearms or
134weapons within 1,000 feet of a school.
135     (p)  Section 790.115(2)(b), relating to possessing an
136electric weapon or device, destructive device, or other weapon
137on school property.
138     (q)  Section 794.011, relating to sexual battery.
139     (r)  Former s. 794.041, relating to prohibited acts of
140persons in familial or custodial authority.
141     (s)  Chapter 796, relating to prostitution.
142     (t)  Section 798.02, relating to lewd and lascivious
143behavior.
144     (u)  Chapter 800, relating to lewdness and indecent
145exposure.
146     (v)  Section 806.01, relating to arson.
147     (w)  Section 810.02, relating to burglary, if the offense
148was a felony.
149     (x)  Chapter 812, relating to theft, robbery, and related
150crimes, if the offense was a felony.
151     (y)  Section 817.563, relating to the fraudulent sale of
152controlled substances, if the offense was a felony.
153     (z)  Section 825.102, relating to abuse, aggravated abuse,
154or neglect of an elderly person or disabled adult.
155     (aa)  Section 825.1025, relating to lewd or lascivious
156offenses committed upon or in the presence of an elderly person
157or disabled adult.
158     (bb)  Section 825.103, relating to exploitation of an
159elderly person or disabled adult, if the offense was a felony.
160     (cc)  Section 826.04, relating to incest.
161     (dd)  Section 827.03, relating to child abuse, aggravated
162child abuse, or neglect of a child.
163     (ee)  Section 827.04, relating to contributing to the
164delinquency or dependency of a child.
165     (ff)  Former s. 827.05, relating to negligent treatment of
166children.
167     (gg)  Section 827.071, relating to sexual performance by a
168child.
169     (hh)  Section 843.01, relating to resisting arrest with
170violence.
171     (ii)  Section 843.025, relating to depriving a law
172enforcement, correctional, or correctional probation officer of
173means of protection or communication.
174     (jj)  Section 843.12, relating to aiding in an escape.
175     (kk)  Section 843.13, relating to aiding in the escape of
176juvenile inmates in correctional institutions.
177     (ll)  Chapter 847, relating to obscene literature.
178     (mm)  Section 874.05(1), relating to encouraging or
179recruiting another to join a criminal gang.
180     (nn)  Chapter 893, relating to drug abuse prevention and
181control, if the offense was a felony or if any other person
182involved in the offense was a minor.
183     (oo)  Section 944.35(3), relating to inflicting cruel or
184inhuman treatment on an inmate resulting in great bodily harm.
185     (pp)  Section 944.46, relating to harboring, concealing, or
186aiding an escaped prisoner.
187     (qq)  Section 944.47, relating to introduction of
188contraband into a correctional facility.
189     (rr)  Section 985.701, relating to sexual misconduct in
190juvenile justice programs.
191     (ss)  Section 985.711, relating to contraband introduced
192into detention facilities.
193     (4)  A person who is newly employed in a capacity that
194requires a criminal history check under this section shall
195notify the department of his or her change in employment and
196submit to the department information necessary to conduct a
197criminal history check or provide evidence of compliance with
198the requirements for a criminal history check within 30 days
199after being employed. The person may serve in his or her
200capacity pending the department's receipt of the report from the
201Federal Bureau of Investigation if he or she has met the
202standards set forth in subsections (1) and (3) of the criminal
203history check from the Department of Law Enforcement. However,
204the person may not continue to serve in his or her capacity if
205the report indicates any violation of the standards set forth in
206subsections (1) and (3) of the criminal history check unless an
207exemption from disqualification has been granted by the
208Department of Health.
209     (5)  The department may deny the application for a massage
210establishment license or the renewal of a massage establishment
211license if the application reveals that the applicant has been
212convicted of any offense listed in subsection (3) or under any
213similar statute of another jurisdiction.
214     Section 3.  Subsection (12) is added to section 477.025,
215Florida Statutes, to read:
216     477.025  Cosmetology salons; specialty salons; requisites;
217licensure; inspection; mobile cosmetology salons.-
218     (12)  Any person, firm, or corporation operating a
219cosmetology salon or specialty salon in this state that provides
220massage services shall obtain a massage establishment license
221pursuant to s. 480.043 before providing any massage services.
222     Section 4.  Subsection (10) is added to section 480.033,
223Florida Statutes, to read:
224     480.033  Definitions.-As used in this act:
225     (10)  "Convicted" or "conviction" means a determination of
226guilt that is the result of a trial or the entry of a plea of
227guilty or nolo contendere, regardless of whether adjudication is
228withheld.
229     Section 5.  Subsection (8) is added to section 480.035,
230Florida Statutes, to read:
231     480.035  Board of Massage Therapy.-
232     (8)  The board may adopt rules that provide for the
233disapproval of a board-approved massage school where the
234majority of the graduates of such a school have engaged in a
235pattern of misconduct while providing massage services at a
236massage establishment. As used in this subsection, the term
237"pattern of misconduct" means being convicted at least once of
238violating s. 796.07, relating to prostitution, during any 2-year
239period.
240     Section 6.  Subsection (5) of section 480.042, Florida
241Statutes, is amended to read:
242     480.042  Examinations.-
243     (5)  All licensing examinations shall be conducted in such
244manner that the applicant shall be known to the department by
245number until her or his examination is completed and the proper
246grade determined. An accurate record of each examination shall
247be made; and that record, together with all examination papers,
248shall be filed with the State Surgeon General and shall be kept
249for reference and inspection for a period of not less than 2
250years immediately following the examination. All licensing
251examinations shall be conducted in the English language, and
252each applicant shall demonstrate that he or she has the ability
253to communicate in English.
254     Section 7.  Section 480.043, Florida Statutes, is amended
255to read:
256     480.043  Massage establishments; requisites; licensure;
257inspection; reports.-
258     (1)  A No massage establishment may not shall be allowed to
259operate without a license granted by the department in
260accordance with rules adopted by the board.
261     (2)  The board shall adopt rules governing the operation of
262establishments and their facilities, personnel, safety and
263sanitary requirements, financial responsibility, insurance
264coverage, and the license application and granting process.
265     (3)  Any person, firm, or corporation desiring to operate a
266massage establishment in the state shall submit to the
267department an application, upon forms provided by the
268department, accompanied by any information requested by the
269department and an application fee.
270     (4)  Upon receiving the application, the department may
271cause an investigation to be made of the proposed massage
272establishment.
273     (5)  If, based upon the application and any necessary
274investigation, the department determines that the proposed
275establishment would fail to meet the standards adopted by the
276board under subsection (2), the department shall deny the
277application for license. Such denial shall be in writing and
278shall list the reasons for denial. Upon correction of any
279deficiencies, an applicant previously denied permission to
280operate a massage establishment may reapply for licensure.
281     (6)  If, based upon the application and any necessary
282investigation, the department determines that the proposed
283massage establishment may reasonably be expected to meet the
284standards adopted by the department under subsection (2), the
285department shall grant the license under such restrictions as it
286shall deem proper as soon as the original licensing fee is paid.
287     (7)(a)  Once issued, a no license for the operation of a
288massage establishment may not be transferred from one owner to
289another.
290     (b)  A license may be transferred from one location to
291another only after inspection and approval by the board and
292receipt of an application and inspection fee set by rule of the
293board, not to exceed $125.
294     (c)  A license may be transferred from one business name to
295another after approval by the board and receipt of an
296application fee set by rule of the board, not to exceed $25.
297     (8)  Renewal of license registration for massage
298establishments shall be accomplished pursuant to rules adopted
299by the board. The board may is further authorized to adopt rules
300governing delinquent renewal of licenses and may impose penalty
301fees for delinquent renewal.
302     (9)  The board may is authorized to adopt rules governing
303the periodic inspection of massage establishments licensed under
304this act.
305     (10)  A person, firm, or corporation operating a massage
306establishment shall report to the board the license number of
307each massage therapist employed or otherwise engaged to provide
308massage services. The reporting must be completed before
309employing or otherwise engaging the massage therapist to provide
310massage services at the massage establishment. The board may
311adopt rules governing such reporting.
312     (11)  Each massage therapist shall report to the board the
313license number of any massage establishment at which the massage
314therapist provides massage services. The board may adopt rules
315governing such reporting.
316     Section 8.  Paragraph (p) is added to subsection (1) of
317section 480.046, Florida Statutes, and subsection (3) of that
318section is amended, to read:
319     480.046  Grounds for disciplinary action by the board.-
320     (1)  The following acts constitute grounds for denial of a
321license or disciplinary action, as specified in s. 456.072(2):
322     (p)  Failure of a massage therapist to report to the board
323the license number of any massage establishment before providing
324massage services at the massage establishment.
325     (3)  The board shall have the power to revoke or suspend
326the license of a massage establishment licensed under this act,
327or to deny subsequent licensure of such an establishment, in any
328either of the following cases:
329     (a)  Upon proof that a license has been obtained by fraud
330or misrepresentation.
331     (b)  Upon proof that the holder of a license is guilty of
332fraud or deceit or of gross negligence, incompetency, or
333misconduct in the operation of the establishment so licensed.
334     (c)  Upon proof that a massage establishment has employed
335or otherwise engaged a person to provide massage services who
336does not hold a valid license issued pursuant to this chapter.
337     (d)  Upon proof that a massage establishment has employed
338or otherwise engaged a massage therapist to provide massage
339services without reporting to the board the license number of
340the massage therapist before employing or otherwise engaging the
341massage therapist.
342     Section 9.  Section 501.015, Florida Statutes, is amended
343to read:
344     501.015  Health studios; registration requirements and
345fees.-
346     (1)  Each health studio shall:
347     (a)(1)  Register each of its business locations with the
348department in a form and manner as required by the department.
349     (b)(2)  Remit an annual registration fee of $300 to the
350department at the time of registration for each of the health
351studio's business locations.
352     (c)(3)  File a security as required by s. 501.016 at the
353time of registration.
354     (d)(4)  Post at the registration desk or front desk,
355whichever is more prominent, at each business location the proof
356of registration certificate provided by the department at the
357time of registration or renewal.
358     (e)(5)  Include the registration number issued by the
359department in all printed advertisements, contracts, and
360publications utilized by the health studio for a business
361location.
362     (f)(6)  Be considered a new health studio and shall be
363subject to the requirements of s. 501.016 each time the health
364studio changes ownership or, in the case of corporate ownership,
365each time the stock ownership is changed so as to effectively
366put the health studio under new management or control,
367notwithstanding the provisions of s. 501.016(6). A change of
368ownership does not occur within the meaning of this paragraph
369subsection if:
370     1.(a)  Substantially the same stockholders form a new
371corporate entity;
372     2.(b)  In the opinion of the department, the change does
373not effectively place the health studio under new management and
374control; and
375     3.(c)  The health studio has a satisfactory complaint
376history with the department.
377     (2)(7)  Any person applying for or renewing a local
378occupational license to engage in business as a health studio
379must exhibit an active registration certificate from the
380Department of Agriculture and Consumer Services before the local
381occupational license may be issued or reissued.
382     (3)(8)  All moneys collected pursuant to this section shall
383be deposited into the General Inspection Trust Fund.
384     (4)  Each health studio that offers massage services shall
385obtain a massage establishment license issued pursuant to s.
386480.043 before providing any massage services.
387     Section 10.  Subsection (4) is added to section 509.241,
388Florida Statutes, to read:
389     509.241  Licenses required; exceptions.-
390     (4)  MASSAGE ESTABLISHMENT LICENSE.-Each public lodging
391establishment that offers massage services shall obtain a
392massage establishment license issued pursuant to s. 480.043
393before providing any massage services.
394     Section 11.  Paragraph (b) of subsection (1) of section
395787.06, Florida Statutes, is amended to read:
396     787.06  Human trafficking.-
397     (1)
398     (b)  The Legislature finds that while many victims of human
399trafficking are forced to work in prostitution or the sexual
400entertainment industry, trafficking also occurs in forms of
401labor exploitation, such as domestic servitude, restaurant work,
402janitorial work, sweatshop factory work, and migrant
403agricultural work, massage therapy, and work within a specialty
404salon, cosmetology salon, or spa.
405     Section 12.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.