CS/CS/HB 633

1
A bill to be entitled
2An act relating to human trafficking; creating s.
3480.0535, F.S.; specifying documents that must be
4possessed by each person providing or offering to provide
5massage services in certain circumstances; requiring
6presentation of such documents upon request of a law
7enforcement officer; requiring operators of massage
8establishments to maintain valid work authorization
9documents on the premises for each employee who is not a
10United States citizen; requiring presentation of such
11documents upon request of a law enforcement officer;
12prohibiting a person from providing or offering to provide
13massage services without possession of a license and
14specified documentation; prohibiting the use of a massage
15establishment license for the purpose of lewdness,
16assignation, or prostitution; providing criminal
17penalties; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 480.0535, Florida Statutes, is created
22to read:
23     480.0535  Documents required while offering or providing
24massage services.-
25     (1)  To provide law enforcement the means to more
26effectively identify, investigate, and arrest persons engaging
27in human trafficking as defined in s. 787.06 or prostitution as
28proscribed by chapter 796 by the fraudulent or valid use of a
29license to practice massage therapy or operate a massage
30establishment:
31     (a)  Each person providing or offering to provide massage
32services for compensation or on behalf of a massage
33establishment or for any business must have in his or her
34possession, and it is unlawful to provide or offer to provide
35massage services without, a wallet-size identification license
36card or wall license card issued by the Department of Health
37pursuant to s. 456.013, plus one of the following documents
38specifically issued to such person:
39     1.  A current driver's license or identification card
40issued by a state.
41     2.  A valid passport issued by the United States of
42America.
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
46providing or offering to provide massage services for
47compensation or on behalf of a massage establishment or for any
48business must present the wallet-size identification license
49card or wall license card issued in his or her name by the
50Department of Health pursuant to s. 456.013, plus one of the
51additional documents specified in paragraph (a).
52     (2)(a)  Any person, firm, or corporation operating a
53massage establishment pursuant to s. 480.043 shall maintain, and
54it is unlawful to operate a massage establishment without, a
55valid work authorization document on the premises for each
56employee who is not a United States citizen. Valid work
57authorization documents for an employee who is not a United
58States 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,
62firm, or corporation operating a massage establishment must
63present one of the documents specified in paragraph (a) for each
64employee who is not a United States citizen.
65     (3)  A person may not offer or provide massage services for
66compensation or on behalf of a massage establishment or for any
67business without being in possession of a valid wallet-size
68identification license card or wall license card issued in his
69or her name by the Department of Health pursuant to s. 456.013
70and 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
74the 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
78establishment license issued under s. 480.043 for the purpose of
79lewdness, assignation, or prostitution at any massage
80establishment location or structure, or any part thereof,
81including any trailer or other conveyance.
82     (5)  A person who violates any provision of this section
83commits:
84     (a)  A misdemeanor of the second degree for a first
85violation, punishable as provided in s. 775.082 or s. 775.083.
86     (b)  A misdemeanor of the first degree for a second
87violation, punishable as provided in s. 775.082 or s. 775.083.
88     (c)  A felony of the third degree for a third or subsequent
89violation, punishable as provided in s. 775.082, s. 775.083, or
90s. 775.084.
91     Section 2.  This act shall take effect July 1, 2010.


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