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         480.0535Documents 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.