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. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 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impersonate any other licenseholder of like or 37 different name. 38 (h) Use or attempt to use a license that has been revoked. 39 (i) Otherwise violate any of the provisions of this act. 40 (2) Except as otherwise provided in this chapter, any 41 person violating the provisions of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.