Florida Senate - 2011 SB 246
By Senator Joyner
18-00213-11 2011246__
1 A bill to be entitled
2 An act relating to human trafficking; creating s.
3 480.0535, F.S.; specifying documents that must be
4 possessed by each person providing or offering to
5 provide massage services in certain circumstances;
6 requiring presentation of such documents upon request
7 of a law enforcement officer; requiring operators of
8 massage establishments to maintain valid work
9 authorization documents on the premises for each
10 employee who is not a United States citizen; requiring
11 presentation of such documents upon request of a law
12 enforcement officer; prohibiting a person from
13 providing or offering to provide massage services
14 without possession of a license and specified
15 documentation; prohibiting the use of a massage
16 establishment license for the purpose of lewdness,
17 assignation, or prostitution; providing criminal
18 penalties; amending s. 921.0022, F.S.; including
19 within the severity ranking chart of the Criminal
20 Punishment Code certain offenses prohibited by the
21 act; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 480.0535, Florida Statutes, is created
26 to read:
27 480.0535 Documents required while offering or providing
28 massage services.—
29 (1) In order to provide law enforcement agencies the means
30 to more effectively identify, investigate, and arrest persons
31 engaging in human trafficking as defined in s. 787.06 or
32 prostitution as proscribed by chapter 796 by the fraudulent or
33 valid use of a license to practice massage therapy or operate a
34 massage establishment:
35 (a) Each person providing or offering to provide massage
36 services for compensation or on behalf of a massage
37 establishment or for any business must have in his or her
38 possession, and it is unlawful to provide or offer to provide
39 massage services without, a wallet-size identification license
40 card or wall license card issued by the Department of Health
41 pursuant to s. 456.013, plus one of the following documents
42 specifically issued to such person:
43 1. A current driver’s license or identification card issued
44 by a state.
45 2. A valid passport issued by the United States of America.
46 3. A valid I-551 permanent resident card.
47 4. A valid employment authorization document.
48 (b) Upon request by a law enforcement officer, each person
49 providing or offering to provide massage services for
50 compensation or on behalf of a massage establishment or for any
51 business must present the wallet-size identification license
52 card or wall license card issued in his or her name by the
53 Department of Health pursuant to s. 456.013, plus one of the
54 additional documents specified in paragraph (a).
55 (2)(a) A person, firm, or corporation operating a massage
56 establishment pursuant to s. 480.043 shall maintain, and it is
57 unlawful to operate a massage establishment without, a valid
58 work authorization document on the premises for each employee
59 who is not a United States citizen. Valid work authorization
60 documents for an employee who is not a United States citizen
61 include:
62 1. A valid I-551 permanent resident card.
63 2. A valid employment authorization document.
64 (b) Upon request by a law enforcement officer, any person,
65 firm, or corporation operating a massage establishment must
66 present one of the documents specified in paragraph (a) for each
67 employee who is not a United States citizen.
68 (3) A person may not offer or provide massage services for
69 compensation or on behalf of a massage establishment or for any
70 business without being in possession of a valid wallet-size
71 identification license card or wall license card issued in his
72 or her name by the Department of Health pursuant to s. 456.013
73 and one of the following documents issued in his or her name:
74 (a) A current driver’s license.
75 (b) An identification card issued by a state.
76 (c) A valid passport issued by the Department of State of
77 the United States.
78 (d) A valid I-551 permanent residence card.
79 (e) A valid employment authorization document.
80 (4) A person, firm, or corporation operating a massage
81 establishment may not knowingly use a massage establishment
82 license issued under s. 480.043 for the purpose of lewdness,
83 assignation, or prostitution at any massage establishment
84 location or structure, or any part thereof, including any
85 trailer or other conveyance.
86 (5) A person who violates any provision of this section
87 commits:
88 (a) A misdemeanor of the second degree for a first
89 violation, punishable as provided in s. 775.082 or s. 775.083.
90 (b) A misdemeanor of the first degree for a second
91 violation, punishable as provided in s. 775.082 or s. 775.083.
92 (c) A felony of the third degree for a third or subsequent
93 violation, punishable as provided in s. 775.082, s. 775.083, or
94 s. 775.084.
95 Section 2. Paragraph (e) of subsection (3) of section
96 921.0022, Florida Statutes, is amended to read:
97 921.0022 Criminal Punishment Code; offense severity ranking
98 chart.—
99 (3) OFFENSE SEVERITY RANKING CHART
100 (e) LEVEL 5
101 FloridaStatute FelonyDegree Description
102 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
103 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
104 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
105 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
106 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
107 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
108 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
109 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
110 480.0535(5)(c) 3rd Lack of possession of identifying documents or work authorization documents to provide massage services or operate a massage establishment. Unlawful use of a massage establishment license for the purpose of assignation, prostitution, or lewdness.
111 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
112 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
113 790.01(2) 3rd Carrying a concealed firearm.
114 790.162 2nd Threat to throw or discharge destructive device.
115 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
116 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
117 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
118 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
119 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
120 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
121 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
122 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
123 812.019(1) 2nd Stolen property; dealing in or trafficking in.
124 812.131(2)(b) 3rd Robbery by sudden snatching.
125 812.16(2) 3rd Owning, operating, or conducting a chop shop.
126 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
127 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
128 817.2341(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.
129 817.568(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.
130 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
131 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
132 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
133 827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
134 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
135 843.01 3rd Resist officer with violence to person; resist arrest with violence.
136 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
137 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
138 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
139 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
140 893.13(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).
141 893.13(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.
142 893.13(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.
143 893.13(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.
144 893.13(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.
145 893.13(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).
146 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
147
148 Section 3. This act shall take effect October 1, 2011.