Florida Senate - 2011                              CS for SB 246
       
       
       
       By the Committee on Health Regulation; and Senators Joyner and
       Margolis
       
       
       
       588-01824-11                                           2011246c1
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; creating s.
    3         480.0535, F.S.; requiring operators of massage
    4         establishments to maintain valid work authorization
    5         documents on the premises for each employee who is not
    6         a United States citizen; requiring presentation of
    7         such documents upon request of a law enforcement
    8         officer; prohibiting the use of a massage
    9         establishment license for the purpose of lewdness,
   10         assignation, or prostitution; providing criminal
   11         penalties; amending s. 921.0022, F.S.; including
   12         within the severity ranking chart of the Criminal
   13         Punishment Code certain offenses prohibited by the
   14         act; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 480.0535, Florida Statutes, is created
   19  to read:
   20         480.0535Documents required while offering or providing
   21  massage services.—
   22         (1) In order to provide law enforcement agencies the means
   23  to more effectively identify, investigate, and arrest persons
   24  engaging in human trafficking as defined in s. 787.06:
   25         (a) A person operating a massage establishment pursuant to
   26  s. 480.043 shall maintain, and it is unlawful to operate a
   27  massage establishment without, a valid work authorization
   28  document on the premises for each employee who is not a United
   29  States citizen. Valid work authorization documents for an
   30  employee who is not a United States citizen include:
   31         1. A valid I-551 permanent resident card; or
   32         2. A valid government-issued employment authorization
   33  document.
   34         (b) Upon request by a law enforcement officer, any person
   35  operating a massage establishment must present one of the
   36  documents specified in paragraph (a) for each employee who is
   37  not a United States citizen.
   38         (2) A person operating a massage establishment may not
   39  knowingly use a massage establishment license issued under s.
   40  480.043 for the purpose of lewdness, assignation, or
   41  prostitution, as these terms are defined in s. 796.07, at any
   42  massage establishment location or structure, or any part
   43  thereof, including any trailer or other conveyance.
   44         (3) A person who violates any provision of this section
   45  commits:
   46         (a) A misdemeanor of the second degree for a first
   47  violation, punishable as provided in s. 775.082 or s. 775.083.
   48         (b) A misdemeanor of the first degree for a second
   49  violation, punishable as provided in s. 775.082 or s. 775.083.
   50         (c) A felony of the third degree for a third or subsequent
   51  violation, punishable as provided in s. 775.082, s. 775.083, or
   52  s. 775.084.
   53         Section 2. Paragraph (e) of subsection (3) of section
   54  921.0022, Florida Statutes, is amended to read:
   55         921.0022 Criminal Punishment Code; offense severity ranking
   56  chart.—
   57         (3) OFFENSE SEVERITY RANKING CHART
   58         (e) LEVEL 5
   59  FloridaStatute   FelonyDegree                Description                 
   60  316.027(1)(a)      3rd   Accidents involving personal injuries, failure to stop; leaving scene.
   61  316.1935(4)(a)     2nd   Aggravated fleeing or eluding.              
   62  322.34(6)          3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
   63  327.30(5)          3rd   Vessel accidents involving personal injury; leaving scene.
   64  381.0041(11)(b)    3rd   Donate blood, plasma, or organs knowing HIV positive.
   65  440.10(1)(g)       2nd   Failure to obtain workers’ compensation coverage.
   66  440.105(5)         2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
   67  440.381(2)         2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
   68  480.0535(4)(c)     3rd   Lack of possession of work authorization documents to 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.
   69  624.401(4)(b)2.    2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
   70  626.902(1)(c)      2nd   Representing an unauthorized insurer; repeat offender.
   71  790.01(2)          3rd   Carrying a concealed firearm.               
   72  790.162            2nd   Threat to throw or discharge destructive device.
   73  790.163(1)         2nd   False report of deadly explosive or weapon of mass destruction.
   74  790.221(1)         2nd   Possession of short-barreled shotgun or machine gun.
   75  790.23             2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
   76  800.04(6)(c)       3rd   Lewd or lascivious conduct; offender less than 18 years.
   77  800.04(7)(b)       2nd   Lewd or lascivious exhibition; offender 18 years or older.
   78  806.111(1)         3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
   79  812.0145(2)(b)     2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
   80  812.015(8)         3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
   81  812.019(1)         2nd   Stolen property; dealing in or trafficking in.
   82  812.131(2)(b)      3rd   Robbery by sudden snatching.                
   83  812.16(2)          3rd   Owning, operating, or conducting a chop shop.
   84  817.034(4)(a)2.    2nd   Communications fraud, value $20,000 to $50,000.
   85  817.234(11)(b)     2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
   86  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.
   87  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.
   88  817.625(2)(b)      2nd   Second or subsequent fraudulent use of scanning device or reencoder.
   89  825.1025(4)        3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
   90  827.071(4)         2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
   91  827.071(5)         3rd   Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
   92  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.
   93  843.01             3rd   Resist officer with violence to person; resist arrest with violence.
   94  847.0135(5)(b)     2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
   95  847.0137 (2) & (3)  3rd   Transmission of pornography by electronic device or equipment.
   96  847.0138 (2) & (3)  3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
   97  874.05(2)          2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
   98  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).
   99  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.
  100  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.
  101  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.
  102  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.
  103  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).
  104  893.1351(1)        3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  105         Section 3. This act shall take effect October 1, 2011.