Florida Senate - 2013                                     SB 500
       By Senator Clemens
       27-00716-13                                            2013500__
    1                        A bill to be entitled                      
    2         An act relating to massage establishments; amending s.
    3         480.047, F.S.; revising penalties; creating s.
    4         480.0475, F.S.; providing legislative intent;
    5         prohibiting the operation of a massage establishment
    6         during specified times; providing exceptions;
    7         prohibiting the use of a massage establishment as a
    8         principal domicile unless the establishment is zoned
    9         for residential use under a local ordinance; providing
   10         penalties; amending s. 823.05, F.S.; declaring that a
   11         massage establishment operating in violation of
   12         specified statutes is a nuisance that may be abated or
   13         enjoined; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Section 480.047, Florida Statutes, is amended to
   18  read:
   19         480.047 Penalties.—
   20         (1) It is unlawful for any person to:
   21         (a) Hold himself or herself out as a massage therapist or
   22  to practice massage unless duly licensed under this chapter or
   23  unless otherwise specifically exempted from licensure under this
   24  chapter.
   25         (b) Operate any massage establishment unless it has been
   26  duly licensed as provided herein, except that nothing herein
   27  shall be construed to prevent the teaching of massage in this
   28  state at a board-approved massage school.
   29         (c) Permit an employed person to practice massage unless
   30  duly licensed as provided herein.
   31         (d) Present as his or her own the license of another.
   32         (e) Allow the use of his or her license by an unlicensed
   33  person.
   34         (f) Give false or forged evidence to the department in
   35  obtaining any license provided for herein.
   36         (g) Falsely impersonate any other licenseholder of like or
   37  different name.
   38         (h) Use or attempt to use a license that has been revoked.
   39         (i) Otherwise violate any of the provisions of this act.
   40         (2) Except as otherwise provided in this chapter, any
   41  person violating the provisions of this section is guilty of a
   42  misdemeanor of the first degree, punishable as provided in s.
   43  775.082 or s. 775.083.
   44         Section 2. Section 480.0475, Florida Statutes, is created
   45  to read:
   46         480.0475 Massage establishments; prohibited practices.—
   47         (1) The Legislature recognizes that, although the majority
   48  of massage establishments are operated by law-abiding citizens,
   49  a small number of establishments are operated by persons who use
   50  the establishment as a place to engage in illegal activities,
   51  such as human trafficking and prostitution. It is the intent of
   52  the Legislature to protect the public and the state’s massage
   53  profession and its reputation from persons operating massage
   54  establishments that engage in illegal activity. The Legislature
   55  also intends that the perpetrators of human trafficking be
   56  penalized for their illegal conduct and that the victims of
   57  trafficking be protected and assisted by the state.
   58         (2) A person may not operate a massage establishment
   59  between the hours of 10 p.m. and 6 a.m. This subsection does not
   60  apply to a massage establishment:
   61         (a) Located on the premises of a health care facility as
   62  defined in s. 408.07 or of a hotel, motel, or bed and breakfast
   63  inn, as those terms are defined in s. 509.242; or
   64         (b) In which every massage performed between the hours of
   65  10 p.m. and 6 a.m. is performed by a massage therapist acting
   66  under the direction of a physician or physician assistant
   67  licensed under chapter 458, an osteopathic physician or
   68  physician assistant licensed under chapter 459, a chiropractic
   69  physician licensed under chapter 460, a podiatric physician
   70  licensed under chapter 461, an advanced registered nurse
   71  practitioner licensed under part I of chapter 464, or a dentist
   72  licensed under chapter 466.
   73         (3) A person operating a massage establishment may not use
   74  or permit the establishment to be used as a principal domicile
   75  unless the establishment is zoned for residential use under a
   76  local ordinance.
   77         (4) Any person violating the provisions of this section
   78  commits a misdemeanor of the first degree, punishable as
   79  provided in s. 775.082 or s. 775.083. A second or subsequent
   80  violation of this section is a felony of the third degree,
   81  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   82         Section 3. Subsection (3) is added to section 823.05,
   83  Florida Statutes, to read:
   84         823.05 Places and groups engaged in criminal gang-related
   85  activity declared a nuisance; may be abated and enjoined.—
   86         (3) A massage establishment as defined in s. 480.033(7)
   87  that operates in violation of s. 480.0475 or s. 480.0535(2) is
   88  declared a nuisance and may be abated or enjoined as provided in
   89  ss. 60.05 and 60.06.
   90         Section 4. This act shall take effect October 1, 2013.