Florida Senate - 2010 CS for CS for SB 966 By the Committees on Criminal Justice; and Health Regulation; and Senator Joyner 591-04380A-10 2010966c2 1 A bill to be entitled 2 An act relating to massage services; creating s. 3 480.054, F.S.; requiring a person who provides or 4 offers to provide massage services to possess a 5 license and certain identifying documents; requiring a 6 person who provides or offers to provide massage 7 services to present a license and an identifying 8 document to a law enforcement officer upon request; 9 prohibiting a person from providing or offering to 10 provide massage services without possessing certain 11 documents; requiring any person who operates a massage 12 establishment to maintain certain valid work 13 authorization documents on the premises for certain 14 employees; requiring any person who operates a massage 15 establishment to present certain valid work 16 authorization documents to a law enforcement officer 17 upon request; prohibiting a person from operating or 18 managing a massage establishment without maintaining 19 valid work authorization documents on the premises of 20 the massage establishment for certain employees; 21 prohibiting a person from using a massage 22 establishment for the purpose of lewdness, 23 assignation, or prostitution; providing penalties; 24 providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 480.054, Florida Statutes, is created to 29 read: 30 480.054 Documents required for identification for 31 presentation to law enforcement officer while offering or 32 providing massage services.— 33 (1) Each person who provides or offers to provide massage 34 services for compensation, or on behalf of a massage 35 establishment or for any business, shall possess a wallet-size 36 identification license card or wall license card issued in his 37 or her name by the Department of Health pursuant to s. 456.013 38 and one of the following documents issued in his or her name: 39 (a) A current driver’s license; 40 (b) An identification card issued by the state; 41 (c) A valid passport issued by the Department of State of 42 the United States; 43 (d) A valid I-551 permanent residence card; or 44 (e) A valid employment authorization document. 45 (2) Upon request by a law enforcement officer, a person who 46 provides or offers to provide massage services for compensation, 47 or on behalf of a massage establishment or for any business, 48 shall present to the law enforcement officer the wallet-size 49 identification license card or wall license card issued in his 50 or her name by the Department of Health pursuant to s. 456.013 51 and one of the following documents issued in his or her name: 52 (a) A current driver’s license; 53 (b) An identification card issued by the state; 54 (c) A valid passport issued by the Department of State of 55 the United States; 56 (d) A valid I-551 permanent residence card; or 57 (e) A valid employment authorization document. 58 (3) A person may not offer or provide massage services for 59 compensation, or on behalf of a massage establishment or for any 60 business, without being in possession of a valid wallet-size 61 identification license card or wall license card issued in his 62 or her name by the Department of Health pursuant to s. 456.013 63 and one of the following documents issued in his or her name: 64 (a) A current driver’s license; 65 (b) An identification card issued by a state; 66 (c) A valid passport issued by the Department of State of 67 the United States; 68 (d) A valid I-551 permanent residence card; or 69 (e) A valid employment authorization document. 70 (4) Any person who operates a massage establishment 71 pursuant to s. 480.043 shall maintain valid work authorization 72 documents on the premises for each employee who is not a United 73 States citizen. Valid work authorization documents for an 74 employee who is not a United States citizen include the 75 following documents issued in the employee’s name: 76 (a) A valid I-551 permanent residence card; or 77 (b) A valid employment authorization document. 78 (5) Upon request by a law enforcement officer, any person 79 who operates a massage establishment shall present valid work 80 authorization documents on the premises for each employee who is 81 not a United States citizen. Valid work authorization documents 82 for an employee who is not a United States citizen include the 83 following documents issued in the employee’s name: 84 (a) A valid I-551 permanent residence card; or 85 (b) A valid employment authorization document. 86 (6) A person may not operate or otherwise manage a massage 87 establishment without maintaining valid work authorization 88 documents on the premises for each employee who is not a United 89 States citizen. Valid work authorization documents for an 90 employee who is not a United States citizen include the 91 following documents issued in the employee’s name: 92 (a) A valid I-551 permanent residence card; or 93 (b) A valid employment authorization document. 94 (7) A person may not use a massage establishment licensed 95 pursuant to s. 480.043, including any place, structure, 96 building, trailer, conveyance, or any other part thereof, for 97 the purpose of lewdness, assignation, or prostitution as defined 98 in s. 796.07. 99 (8) A person who violates any provision of this section 100 commits: 101 (a) A misdemeanor of the second degree for the first 102 violation, punishable as provided in s. 775.082 or s. 775.083. 103 (b) A misdemeanor of the first degree for the second 104 violation, punishable as provided in s. 775.082 or s. 775.083. 105 (c) A felony of the third degree for the third or 106 subsequent violation, punishable as provided in s. 775.082, s. 107 775.083, or s. 775.084. 108 Section 2. This act shall take effect October 1, 2010.