| 1 | A bill to be entitled |
| 2 | An act relating to human trafficking; creating s. |
| 3 | 480.0535, F.S.; specifying documents that must be |
| 4 | possessed by each person providing or offering to provide |
| 5 | massage services in certain circumstances; requiring |
| 6 | presentation of such documents upon request of a law |
| 7 | enforcement officer; requiring operators of massage |
| 8 | establishments to maintain valid work authorization |
| 9 | documents on the premises for each employee who is not a |
| 10 | United States citizen; requiring presentation of such |
| 11 | documents upon request of a law enforcement officer; |
| 12 | prohibiting a person from providing or offering to provide |
| 13 | massage services without possession of a license and |
| 14 | specified documentation; prohibiting the use of a massage |
| 15 | establishment license for the purpose of lewdness, |
| 16 | assignation, or prostitution; providing criminal |
| 17 | penalties; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Section 480.0535, Florida Statutes, is created |
| 22 | to read: |
| 23 | 480.0535 Documents required while offering or providing |
| 24 | massage services.- |
| 25 | (1) To provide law enforcement the means to more |
| 26 | effectively identify, investigate, and arrest persons engaging |
| 27 | in human trafficking as defined in s. 787.06 or prostitution as |
| 28 | proscribed by chapter 796 by the fraudulent or valid use of a |
| 29 | license to practice massage therapy or operate a massage |
| 30 | establishment: |
| 31 | (a) Each person providing or offering to provide massage |
| 32 | services for compensation or on behalf of a massage |
| 33 | establishment or for any business must have in his or her |
| 34 | possession, and it is unlawful to provide or offer to provide |
| 35 | massage services without, a wallet-size identification license |
| 36 | card or wall license card issued by the Department of Health |
| 37 | pursuant to s. 456.013, plus one of the following documents |
| 38 | specifically issued to such person: |
| 39 | 1. A current driver's license or identification card |
| 40 | issued by a state. |
| 41 | 2. A valid passport issued by the United States of |
| 42 | America. |
| 43 | 3. A valid I-551 permanent resident card. |
| 44 | 4. A valid employment authorization document. |
| 45 | (b) Upon request by a law enforcement officer, each person |
| 46 | providing or offering to provide massage services for |
| 47 | compensation or on behalf of a massage establishment or for any |
| 48 | business must present the wallet-size identification license |
| 49 | card or wall license card issued in his or her name by the |
| 50 | Department of Health pursuant to s. 456.013, plus one of the |
| 51 | additional documents specified in paragraph (a). |
| 52 | (2)(a) Any person, firm, or corporation operating a |
| 53 | massage establishment pursuant to s. 480.043 shall maintain, and |
| 54 | it is unlawful to operate a massage establishment without, a |
| 55 | valid work authorization document on the premises for each |
| 56 | employee who is not a United States citizen. Valid work |
| 57 | authorization documents for an employee who is not a United |
| 58 | States citizen include: |
| 59 | 1. A valid I-551 permanent resident card. |
| 60 | 2. A valid employment authorization document. |
| 61 | (b) Upon request by a law enforcement officer, any person, |
| 62 | firm, or corporation operating a massage establishment must |
| 63 | present one of the documents specified in paragraph (a) for each |
| 64 | employee who is not a United States citizen. |
| 65 | (3) A person may not offer or provide massage services for |
| 66 | compensation or on behalf of a massage establishment or for any |
| 67 | business without being in possession of a valid wallet-size |
| 68 | identification license card or wall license card issued in his |
| 69 | or her name by the Department of Health pursuant to s. 456.013 |
| 70 | and one of the following documents issued in his or her name: |
| 71 | (a) A current driver's license; |
| 72 | (b) An identification card issued by a state; |
| 73 | (c) A valid passport issued by the Department of State of |
| 74 | the United States; |
| 75 | (d) A valid I-551 permanent residence card; or |
| 76 | (e) A valid employment authorization document. |
| 77 | (4) It is unlawful to knowingly use a massage |
| 78 | establishment license issued under s. 480.043 for the purpose of |
| 79 | lewdness, assignation, or prostitution at any massage |
| 80 | establishment location or structure, or any part thereof, |
| 81 | including any trailer or other conveyance. |
| 82 | (5) A person who violates any provision of this section |
| 83 | commits: |
| 84 | (a) A misdemeanor of the second degree for a first |
| 85 | violation, punishable as provided in s. 775.082 or s. 775.083. |
| 86 | (b) A misdemeanor of the first degree for a second |
| 87 | violation, punishable as provided in s. 775.082 or s. 775.083. |
| 88 | (c) A felony of the third degree for a third or subsequent |
| 89 | violation, punishable as provided in s. 775.082, s. 775.083, or |
| 90 | s. 775.084. |
| 91 | Section 2. This act shall take effect July 1, 2010. |