Florida Senate - 2013                       CS for CS for SB 500
       By the Committees on Community Affairs; and Regulated
       Industries; and Senators Clemens and Sobel
       578-03423A-13                                          2013500c2
    1                        A bill to be entitled                      
    2         An act relating to massage practice; amending s.
    3         480.033, F.S.; revising the definition of the term
    4         “board-approved massage school”; amending s. 480.043,
    5         F.S.; requiring an application to be denied upon
    6         specified findings; amending s. 480.046, F.S., adding
    7         additional grounds for denial of a license; amending
    8         s. 480.047, F.S.; revising penalties; creating s.
    9         480.0475, F.S.; prohibiting the operation of a massage
   10         establishment during specified times; providing
   11         exceptions; prohibiting the use of a massage
   12         establishment as a principal domicile unless the
   13         establishment is zoned for residential use under a
   14         local ordinance; providing criminal penalties;
   15         amending s. 480.052, F.S., authorizing a county or
   16         municipality to waive the restriction on operating
   17         hours of a massage establishment in certain instances;
   18         amending s. 823.05, F.S.; declaring that a massage
   19         establishment operating in violation of specified
   20         statutes is a nuisance that may be abated or enjoined;
   21         providing an effective date.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. Subsection (9) of section 480.033, Florida
   26  Statutes, is amended to read:
   27         480.033 Definitions.—As used in this act:
   28         (9) “Board-approved massage school” means a facility that
   29  which meets minimum standards for training and curriculum as
   30  determined by rule of the board and that which is:
   31         (a) Licensed by the Department of Education pursuant to
   32  chapter 1005 or the equivalent licensing authority of another
   33  state; or is
   34         (b) Within the public school system of this state; or
   35         (c) A college or university that is eligible to participate
   36  in the William L. Boyd, IV, Florida Resident Access Grant
   37  Program.
   38         Section 2. Subsection (2) of section 480.043, Florida
   39  Statutes, is amended to read:
   40         480.043 Massage establishments; requisites; licensure;
   41  inspection.—
   42         (2) The board shall adopt rules governing the operation of
   43  establishments and their facilities, personnel, safety and
   44  sanitary requirements, financial responsibility, insurance
   45  coverage, and the license application and granting process. An
   46  application shall be denied upon a finding that an applicant has
   47  been arrested for and is awaiting final disposition of, or has
   48  been convicted of, regardless of adjudication, an offense in s.
   49  435.04(2) or a similar law of another jurisdiction.
   50         Section 3. Present paragraphs (e) though (o) of subsection
   51  (1) of section 480.046, Florida Statutes, are redesignated as
   52  paragraphs (f) though (p), respectively, and a new paragraph (e)
   53  is added to that subsection, to read:
   54         480.046 Grounds for disciplinary action by the board.—
   55         (1) The following acts constitute grounds for denial of a
   56  license or disciplinary action, as specified in s. 456.072(2):
   57         (e) Advertising to induce or attempt to induce a client to
   58  engage in sexual activity, or to engage or attempt to engage a
   59  client in sexual activity.
   60         Section 4. Section 480.047, Florida Statutes, is amended to
   61  read:
   62         480.047 Penalties.—
   63         (1) It is unlawful for any person to:
   64         (a) Hold himself or herself out as a massage therapist or
   65  to practice massage unless duly licensed under this chapter or
   66  unless otherwise specifically exempted from licensure under this
   67  chapter.
   68         (b) Operate any massage establishment unless it has been
   69  duly licensed as provided herein, except that nothing herein
   70  shall be construed to prevent the teaching of massage in this
   71  state at a board-approved massage school.
   72         (c) Permit an employed person to practice massage unless
   73  duly licensed as provided herein.
   74         (d) Present as his or her own the license of another.
   75         (e) Allow the use of his or her license by an unlicensed
   76  person.
   77         (f) Give false or forged evidence to the department in
   78  obtaining any license provided for herein.
   79         (g) Falsely impersonate any other licenseholder of like or
   80  different name.
   81         (h) Use or attempt to use a license that has been revoked.
   82         (i) Otherwise violate any of the provisions of this act.
   83         (2) Except as otherwise provided in this chapter, any
   84  person violating the provisions of this section is guilty of a
   85  misdemeanor of the first degree, punishable as provided in s.
   86  775.082 or s. 775.083.
   87         Section 5. Section 480.0475, Florida Statutes, is created
   88  to read:
   89         480.0475 Massage establishments; prohibited practices.—
   90         (1) A person may not operate a massage establishment
   91  between the hours of midnight and 5 a.m. This subsection does
   92  not apply to a massage establishment:
   93         (a) Located on the premises of a health care facility as
   94  defined in s. 408.07; a clinic as defined in part X of chapter
   95  400; a hotel, motel, or bed and breakfast inn as defined in s.
   96  509.242; a timeshare property as defined in s. 721.05; a public
   97  airport as defined in s. 330.27; a pari-mutuel facility as
   98  defined in s. 550.002; or an independent postsecondary
   99  educational institution licensed and approved by the Commission
  100  for Independent Education pursuant to chapter 1005; or
  101         (b) In which every massage performed between the hours of
  102  midnight and 5 a.m. is performed by a massage therapist acting
  103  under the prescription of a physician or physician assistant
  104  licensed under chapter 458, an osteopathic physician or
  105  physician assistant licensed under chapter 459, a chiropractic
  106  physician licensed under chapter 460, a podiatric physician
  107  licensed under chapter 461, an advanced registered nurse
  108  practitioner licensed under part I of chapter 464, or a dentist
  109  licensed under chapter 466.
  110         (2) A person who operates a massage establishment may not
  111  use the establishment or allow it to be used as a principal
  112  domicile unless the establishment is zoned for residential use
  113  under a local ordinance.
  114         (3) A person who violates the provisions of this section
  115  commits a misdemeanor of the first degree, punishable as
  116  provided in s. 775.082 or s. 775.083. A second or subsequent
  117  violation of this section is a felony of the third degree,
  118  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  119         Section 6. Section 480.052, Florida Statutes, is amended to
  120  read:
  121         480.052 Power of county or municipality to regulate
  122  massage.—
  123         (1) A county or municipality, within its jurisdiction, may
  124  regulate persons and establishments licensed under this chapter.
  125  Such regulation shall not exceed the powers of the state under
  126  this act or be inconsistent with this act. This section shall
  127  not be construed to prohibit a county or municipality from
  128  enacting any regulation of persons or establishments not
  129  licensed pursuant to this act.
  130         (2) A county or municipality may waive the restriction on
  131  the hours of operation of a massage establishment provided in s.
  132  480.0475 during special events that occur within the county’s or
  133  municipality’s jurisdiction.
  134         Section 7. Subsection (3) is added to section 823.05,
  135  Florida Statutes, to read:
  136         823.05 Places and groups engaged in criminal gang-related
  137  activity declared a nuisance; may be abated and enjoined.—
  138         (3) A massage establishment as defined in s. 480.033(7)
  139  which operates in violation of s. 480.0475 or s. 480.0535(2) is
  140  declared a nuisance and may be abated or enjoined as provided in
  141  ss. 60.05 and 60.06.
  142         Section 8. This act shall take effect October 1, 2013.