Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 246 Barcode 478958 LEGISLATIVE ACTION Senate . House Comm: RS . 02/08/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.