Florida Senate - 2013                              CS for SB 500
       By the Committee on Regulated Industries; and Senator Clemens
       580-02402A-13                                          2013500c1
    1                        A bill to be entitled                      
    2         An act relating to massage establishments; amending s.
    3         480.043, F.S.; requiring an application to be denied
    4         upon specified findings; amending s. 480.046, F.S.,
    5         adding additional grounds for denial of a license;
    6         amending s. 480.047, F.S.; revising penalties;
    7         creating s. 480.0475, F.S.; prohibiting the operation
    8         of a massage establishment during specified times;
    9         providing exceptions; prohibiting the use of a massage
   10         establishment as a principal domicile unless the
   11         establishment is zoned for residential use under a
   12         local ordinance; providing criminal penalties;
   13         amending s. 480.052, F.S., authorizing a county or
   14         municipality to waive the restriction on operating
   15         hours of a massage establishment in certain instances;
   16         amending s. 823.05, F.S.; declaring that a massage
   17         establishment operating in violation of specified
   18         statutes is a nuisance that may be abated or enjoined;
   19         providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Subsection (2) of section 480.043, Florida
   24  Statutes, is amended to read:
   25         480.043 Massage establishments; requisites; licensure;
   26  inspection.—
   27         (2) The board shall adopt rules governing the operation of
   28  establishments and their facilities, personnel, safety and
   29  sanitary requirements, financial responsibility, insurance
   30  coverage, and the license application and granting process. An
   31  application shall be denied upon a finding that an applicant has
   32  been arrested for and is awaiting final disposition of, or has
   33  been convicted of, regardless of adjudication, an offense in s.
   34  435.04(2) or a similar law of another jurisdiction.
   35         Section 2. Present paragraphs (e) though (o) of subsection
   36  (1) of section 480.046, Florida Statutes, are redesignated as
   37  paragraphs (f) though (p), respectively, and a new paragraph (e)
   38  is added to that subsection, to read:
   39         480.046 Grounds for disciplinary action by the board.—
   40         (1) The following acts constitute grounds for denial of a
   41  license or disciplinary action, as specified in s. 456.072(2):
   42         (e) Advertising to induce or attempt to induce a client to
   43  engage in sexual activity, or to engage or attempt to engage a
   44  client in sexual activity.
   45         Section 3. Section 480.047, Florida Statutes, is amended to
   46  read:
   47         480.047 Penalties.—
   48         (1) It is unlawful for any person to:
   49         (a) Hold himself or herself out as a massage therapist or
   50  to practice massage unless duly licensed under this chapter or
   51  unless otherwise specifically exempted from licensure under this
   52  chapter.
   53         (b) Operate any massage establishment unless it has been
   54  duly licensed as provided herein, except that nothing herein
   55  shall be construed to prevent the teaching of massage in this
   56  state at a board-approved massage school.
   57         (c) Permit an employed person to practice massage unless
   58  duly licensed as provided herein.
   59         (d) Present as his or her own the license of another.
   60         (e) Allow the use of his or her license by an unlicensed
   61  person.
   62         (f) Give false or forged evidence to the department in
   63  obtaining any license provided for herein.
   64         (g) Falsely impersonate any other licenseholder of like or
   65  different name.
   66         (h) Use or attempt to use a license that has been revoked.
   67         (i) Otherwise violate any of the provisions of this act.
   68         (2) Except as otherwise provided in this chapter, any
   69  person violating the provisions of this section is guilty of a
   70  misdemeanor of the first degree, punishable as provided in s.
   71  775.082 or s. 775.083.
   72         Section 4. Section 480.0475, Florida Statutes, is created
   73  to read:
   74         480.0475 Massage establishments; prohibited practices.—
   75         (1) A person may not operate a massage establishment
   76  between the hours of midnight and 5 a.m. This subsection does
   77  not apply to a massage establishment:
   78         (a) Located on the premises of a health care facility as
   79  defined in s. 408.07; a clinic as defined in part X of chapter
   80  400; a hotel, motel, or bed and breakfast inn as defined in s.
   81  509.242; a timeshare property as defined in s. 721.05; a public
   82  airport as defined in s. 330.27; or a pari-mutuel facility as
   83  defined in s. 550.002; or
   84         (b) In which every massage performed between the hours of
   85  midnight and 5 a.m. is performed by a massage therapist acting
   86  under the prescription of a physician or physician assistant
   87  licensed under chapter 458, an osteopathic physician or
   88  physician assistant licensed under chapter 459, a chiropractic
   89  physician licensed under chapter 460, a podiatric physician
   90  licensed under chapter 461, an advanced registered nurse
   91  practitioner licensed under part I of chapter 464, or a dentist
   92  licensed under chapter 466.
   93         (2) A person who operates a massage establishment may not
   94  use the establishment or allow it to be used as a principal
   95  domicile unless the establishment is zoned for residential use
   96  under a local ordinance.
   97         (3) A person who violates the provisions of this section
   98  commits a misdemeanor of the first degree, punishable as
   99  provided in s. 775.082 or s. 775.083. A second or subsequent
  100  violation of this section is a felony of the third degree,
  101  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  102         Section 5. Section 480.052, Florida Statutes, is amended to
  103  read:
  104         480.052 Power of county or municipality to regulate
  105  massage.—
  106         (1) A county or municipality, within its jurisdiction, may
  107  regulate persons and establishments licensed under this chapter.
  108  Such regulation shall not exceed the powers of the state under
  109  this act or be inconsistent with this act. This section shall
  110  not be construed to prohibit a county or municipality from
  111  enacting any regulation of persons or establishments not
  112  licensed pursuant to this act.
  113         (2) A county or municipality may waive the restriction on
  114  the hours of operation of a massage establishment provided in s.
  115  480.0475 during special events that occur within the county’s or
  116  municipality’s jurisdiction.
  117         Section 6. Subsection (3) is added to section 823.05,
  118  Florida Statutes, to read:
  119         823.05 Places and groups engaged in criminal gang-related
  120  activity declared a nuisance; may be abated and enjoined.—
  121         (3) A massage establishment as defined in s. 480.033(7)
  122  which operates in violation of s. 480.0475 or s. 480.0535(2) is
  123  declared a nuisance and may be abated or enjoined as provided in
  124  ss. 60.05 and 60.06.
  125         Section 7. This act shall take effect October 1, 2013.