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
    1         Senate Amendment (with title amendment)
    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.
   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