| 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 provide |
| 5 | massage services in certain circumstances; requiring |
| 6 | presentation of such documents upon request of a law |
| 7 | enforcement officer; requiring operators of massage |
| 8 | establishments to maintain valid work authorization |
| 9 | documents on the premises for each employee who is not a |
| 10 | United States citizen; requiring presentation of such |
| 11 | documents upon request of a law enforcement officer; |
| 12 | prohibiting a person from providing or offering to provide |
| 13 | massage services without possession of a license and |
| 14 | specified documentation; prohibiting the use of a massage |
| 15 | establishment license for the purpose of lewdness, |
| 16 | assignation, or prostitution; providing criminal |
| 17 | penalties; amending s. 921.0022, F.S.; including within |
| 18 | the severity ranking chart of the Criminal Punishment Code |
| 19 | certain offenses prohibited by the act; providing an |
| 20 | effective date. |
| 21 |
|
| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
|
| 24 | Section 1. Section 480.0535, Florida Statutes, is created |
| 25 | to read: |
| 26 | 480.0535 Documents required while offering or providing |
| 27 | massage services.- |
| 28 | (1) In order to provide law enforcement agencies the means |
| 29 | to more effectively identify, investigate, and arrest persons |
| 30 | engaging in human trafficking as defined in s. 787.06 or |
| 31 | prostitution as proscribed by chapter 796 by the fraudulent or |
| 32 | valid use of a license to practice massage therapy or operate a |
| 33 | massage establishment: |
| 34 | (a) Each person providing or offering to provide massage |
| 35 | services for compensation or on behalf of a massage |
| 36 | establishment or for any business must have in his or her |
| 37 | possession, and it is unlawful to provide or offer to provide |
| 38 | massage services without, a wallet-size identification license |
| 39 | card or wall license card issued by the Department of Health |
| 40 | pursuant to s. 456.013, plus one of the following documents |
| 41 | specifically issued to such person: |
| 42 | 1. A current driver's license or identification card |
| 43 | issued by a state. |
| 44 | 2. A valid passport issued by the United States of |
| 45 | 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 |
| 98 | ranking chart.- |
| 99 | (3) OFFENSE SEVERITY RANKING CHART |
| 100 | (e) LEVEL 5 |
| 101 |
|
| | | Florida Statute | Felony Degree | 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 |
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| | | 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 |
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| 148 | Section 3. This act shall take effect October 1, 2011. |