Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 246
Barcode 478958
LEGISLATIVE ACTION
Senate . House
Comm: RS .
02/08/2011 .
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The Committee on Health Regulation (Jones) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 480.0535, Florida Statutes, is created
6 to read:
7 480.0535 Documents required while offering or providing
8 massage services.—
9 (1) In order to provide law enforcement agencies the means
10 to more effectively identify, investigate, and arrest persons
11 engaging in human trafficking as defined in s. 787.06 or
12 prostitution as proscribed by chapter 796 by the fraudulent or
13 valid use of a license to practice massage therapy or operate a
14 massage establishment:
15 (a) An individual may not offer or provide massage services
16 for compensation or on behalf of a massage establishment or for
17 any business without being in possession of a valid wallet-size
18 identification license card or wall license card issued in his
19 or her name by the Department of Health pursuant to s. 456.013,
20 and one of the following documents issued in his or her name:
21 1. A current driver’s license or identification card issued
22 by a state.
23 2. A valid passport issued by the Department of State of
24 the United States.
25 3. A valid I-551 permanent resident card.
26 4. A valid government-issued employment authorization
27 document.
28 (b) Upon request by a law enforcement officer, each
29 individual providing or offering to provide massage services for
30 compensation or on behalf of a massage establishment or for any
31 business must present the wallet-size identification license
32 card or wall license card issued in his or her name by the
33 Department of Health pursuant to s. 456.013, plus one of the
34 additional documents specified in paragraph (a).
35 (2)(a) A person operating a massage establishment pursuant
36 to s. 480.043 shall maintain, and it is unlawful to operate a
37 massage establishment without, a valid work authorization
38 document on the premises for each employee who is not a United
39 States citizen. Valid work authorization documents for an
40 employee who is not a United States citizen include:
41 1. A valid I-551 permanent resident card; or
42 2. A valid government-issued employment authorization
43 document.
44 (b) Upon request by a law enforcement officer, any person
45 operating a massage establishment must present one of the
46 documents specified in paragraph (a) for each employee who is
47 not a United States citizen.
48 (3) A person operating a massage establishment may not
49 knowingly use a massage establishment license issued under s.
50 480.043 for the purpose of lewdness, assignation, or
51 prostitution, as these terms are defined in s. 796.07, at any
52 massage establishment location or structure, or any part
53 thereof, including any trailer or other conveyance.
54 (4) An individual or person who violates any provision of
55 this section commits:
56 (a) A misdemeanor of the second degree for a first
57 violation, punishable as provided in s. 775.082 or s. 775.083.
58 (b) A misdemeanor of the first degree for a second
59 violation, punishable as provided in s. 775.082 or s. 775.083.
60 (c) A felony of the third degree for a third or subsequent
61 violation, punishable as provided in s. 775.082, s. 775.083, or
62 s. 775.084.
63 Section 2. Paragraph (e) of subsection (3) of section
64 921.0022, Florida Statutes, is amended to read:
65 921.0022 Criminal Punishment Code; offense severity ranking
66 chart.—
67 (3) OFFENSE SEVERITY RANKING CHART
68 (e) LEVEL 5
69 FloridaStatute FelonyDegree Description
70 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
71 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
72 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
73 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
74 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
75 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
76 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
77 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
78 480.0535(4)(c) 3rd Lack of possession of identifying documents or work authorization documents to provide massage services or operate a massage establishment; third or subsequent offense. Unlawful use of a massage establishment license for the purpose of assignation, prostitution, or lewdness; third or subsequent offense.
79 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
80 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
81 790.01(2) 3rd Carrying a concealed firearm.
82 790.162 2nd Threat to throw or discharge destructive device.
83 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
84 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
85 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
86 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
87 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
88 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
89 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
90 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
91 812.019(1) 2nd Stolen property; dealing in or trafficking in.
92 812.131(2)(b) 3rd Robbery by sudden snatching.
93 812.16(2) 3rd Owning, operating, or conducting a chop shop.
94 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
95 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
96 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
97 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
98 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
99 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
100 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
101 827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
102 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
103 843.01 3rd Resist officer with violence to person; resist arrest with violence.
104 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
105 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
106 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
107 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
108 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
109 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
110 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
111 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
112 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
113 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
114 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
115 Section 3. This act shall take effect October 1, 2011.
116
117 ================= T I T L E A M E N D M E N T ================
118 And the title is amended as follows:
119 Delete everything before the enacting clause
120 and insert:
121 A bill to be entitled
122 An act relating to human trafficking; creating s.
123 480.0535, F.S.; specifying documents that must be
124 possessed by each individual providing or offering to
125 provide massage services in certain circumstances;
126 requiring presentation of such documents upon request
127 of a law enforcement officer; requiring operators of
128 massage establishments to maintain valid work
129 authorization documents on the premises for each
130 employee who is not a United States citizen; requiring
131 presentation of such documents upon request of a law
132 enforcement officer; prohibiting the use of a massage
133 establishment license for the purpose of lewdness,
134 assignation, or prostitution; providing criminal
135 penalties; amending s. 921.0022, F.S.; including
136 within the severity ranking chart of the Criminal
137 Punishment Code certain offenses prohibited by the
138 act; providing an effective date.