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         480.054Documents 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.