Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 500 Barcode 134210 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/14/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Regulated Industries (Braynon) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 17 - 81 4 and insert: 5 Section 1. Subsection (2) of section 480.043, Florida 6 Statutes, is amended to read: 7 480.043 Massage establishments; requisites; licensure; 8 inspection.— 9 (2) The board shall adopt rules governing the operation of 10 establishments and their facilities, personnel, safety and 11 sanitary requirements, financial responsibility, insurance 12 coverage, and the license application and granting process. An 13 application shall be denied upon a finding that an applicant has 14 been arrested for and is awaiting final disposition of, or has 15 been convicted of, regardless of adjudication, an offense in s. 16 435.04(2) or a similar law of another jurisdiction. 17 Section 2. Present paragraphs (e) though (o) of subsection 18 (1) of section 480.046, Florida Statutes, are redesignated as 19 paragraphs (f) though (p), respectively, and a new paragraph (e) 20 is added to that subsection, to read: 21 480.046 Grounds for disciplinary action by the board.— 22 (1) The following acts constitute grounds for denial of a 23 license or disciplinary action, as specified in s. 456.072(2): 24 (e) Advertising to induce or attempt to induce a client to 25 engage in sexual activity, or to engage or attempt to engage a 26 client in sexual activity. 27 Section 3. Section 480.047, Florida Statutes, is amended to 28 read: 29 480.047 Penalties.— 30 (1) It is unlawful for any person to: 31 (a) Hold himself or herself out as a massage therapist or 32 to practice massage unless duly licensed under this chapter or 33 unless otherwise specifically exempted from licensure under this 34 chapter. 35 (b) Operate any massage establishment unless it has been 36 duly licensed as provided herein, except that nothing herein 37 shall be construed to prevent the teaching of massage in this 38 state at a board-approved massage school. 39 (c) Permit an employed person to practice massage unless 40 duly licensed as provided herein. 41 (d) Present as his or her own the license of another. 42 (e) Allow the use of his or her license by an unlicensed 43 person. 44 (f) Give false or forged evidence to the department in 45 obtaining any license provided for herein. 46 (g) Falsely impersonate any other licenseholder of like or 47 different name. 48 (h) Use or attempt to use a license that has been revoked. 49 (i) Otherwise violate any of the provisions of this act. 50 (2) Except as otherwise provided in this chapter, any 51 person violating the provisions of this section is guilty of a 52 misdemeanor of the first degree, punishable as provided in s. 53 775.082 or s. 775.083. 54 Section 4. Section 480.0475, Florida Statutes, is created 55 to read: 56 480.0475 Massage establishments; prohibited practices.— 57 (1) A person may not operate a massage establishment 58 between the hours of midnight and 5 a.m. This subsection does 59 not apply to a massage establishment: 60 (a) Located on the premises of a health care facility as 61 defined in s. 408.07; a clinic as defined in part X of chapter 62 400; a hotel, motel, or bed and breakfast inn as defined in s. 63 509.242; a public airport as defined in s. 330.27; or a pari 64 mutuel facility as defined in s. 550.002; or 65 (b) In which every massage performed between the hours of 66 midnight and 5 a.m. is performed by a massage therapist acting 67 under the prescription of a physician or physician assistant 68 licensed under chapter 458, an osteopathic physician or 69 physician assistant licensed under chapter 459, a chiropractic 70 physician licensed under chapter 460, a podiatric physician 71 licensed under chapter 461, an advanced registered nurse 72 practitioner licensed under part I of chapter 464, or a dentist 73 licensed under chapter 466. 74 (2) A person who operates a massage establishment may not 75 use the establishment or allow it to be used as a principal 76 domicile unless the establishment is zoned for residential use 77 under a local ordinance. 78 (3) A person who violates the provisions of this section 79 commits a misdemeanor of the first degree, punishable as 80 provided in s. 775.082 or s. 775.083. A second or subsequent 81 violation of this section is a felony of the third degree, 82 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 83 Section 5. Section 480.052, Florida Statutes, is amended to 84 read: 85 480.052 Power of county or municipality to regulate 86 massage.— 87 (1) A county or municipality, within its jurisdiction, may 88 regulate persons and establishments licensed under this chapter. 89 Such regulation shall not exceed the powers of the state under 90 this act or be inconsistent with this act. This section shall 91 not be construed to prohibit a county or municipality from 92 enacting any regulation of persons or establishments not 93 licensed pursuant to this act. 94 (2) A county or municipality may waive the restriction on 95 the hours of operation of a massage establishment provided in s. 96 485.0475 during special events that occur within the county’s or 97 municipality’s jurisdiction. 98 99 ================= T I T L E A M E N D M E N T ================ 100 And the title is amended as follows: 101 Delete lines 2 - 10 102 and insert: 103 An act relating to massage establishments; amends s. 104 480.043, F.S.; requiring an application to be denied 105 upon specified findings; amending s. 480.046, F.S., 106 adding additional grounds for denial of a license; 107 480.047, F.S.; revising penalties; creating s. 108 480.0475, F.S.; prohibiting the operation of a massage 109 establishment during specified times; providing 110 exceptions; prohibiting the use of a massage 111 establishment as a principal domicile unless the 112 establishment is zoned for residential use under a 113 local ordinance; providing criminal penalties; 114 amending s. 480.052, F.S., authorizing a county or 115 municipality to waive the restriction on operating 116 hours of a massage establishment in certain instances; 117 amending s. 823.05, F.S.; declaring that a