September 24, 2020
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       Florida Senate - 2010                                     SB 966
       
       
       
       By Senator Joyner
       
       
       
       
       18-00563C-10                                           2010966__
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; providing
    3         legislative findings and intent; amending s. 456.013,
    4         F.S.; revising the requirements for the license and
    5         the identification card that are issued to massage
    6         therapists; creating s. 480.054, F.S.; requiring
    7         criminal background checks for persons, firms, or
    8         corporations applying for a massage establishment
    9         license; providing requirements for the criminal
   10         history checks; requiring a new employee to notify the
   11         Department of Health when there is a change of
   12         employment; requiring the new employee to submit
   13         information necessary to conduct a criminal history
   14         check; authorizing the new employee to serve in his or
   15         her capacity pending a report of the criminal history
   16         check from the Federal Bureau of Investigation under
   17         certain circumstances; authorizing the Department of
   18         Health to deny an application for a massage
   19         establishment license under certain circumstances;
   20         requiring a criminal background check for the renewal
   21         of a massage establishment license; amending s.
   22         477.025, F.S.; requiring any person, firm, or
   23         corporation that operates a cosmetology salon or
   24         specialty salon that offers massage services to obtain
   25         a massage establishment license; amending s. 480.033,
   26         F.S.; defining the term “convicted” or “conviction”
   27         for purposes of ch. 480, F.S., relating to massage
   28         practice; amending s. 480.035, F.S.; authorizing the
   29         Board of Massage Therapy to adopt rules that provide
   30         for the disapproval of a massage school under certain
   31         circumstances; amending s. 480.041, F.S.; providing
   32         for the form used to apply for a license as a massage
   33         therapist to require a driver’s license or
   34         identification card number; amending s. 480.0415,
   35         F.S.; requiring submission of a driver’s license or
   36         identification card number to renew a license as a
   37         massage therapist; amending s. 480.042, F.S.;
   38         requiring licensing examinations to be conducted in
   39         the English language; requiring each applicant for
   40         licensure as a massage therapist to demonstrate his or
   41         her ability to communicate in English; amending s.
   42         480.043, F.S.; requiring a person, firm, or
   43         corporation to report to the board the license number
   44         of each massage therapist employed or otherwise
   45         engaged to provide massages services; requiring each
   46         massage therapist to report to the board the license
   47         number of any massage establishment in which he or she
   48         provides massage services; authorizing the board to
   49         adopt rules; requiring a person, firm, or corporation
   50         that operates a massage establishment to maintain
   51         valid work authorization documents for employees who
   52         are not United States citizens; requiring the
   53         Department of Health to impose an administrative fine
   54         against a person, firm, or corporation that operates a
   55         massage establishment and fails to maintain work
   56         authorization documents; amending s. 480.046, F.S.;
   57         providing that the failure of a massage therapist to
   58         report to the board the license number of a massage
   59         establishment before providing massage services is
   60         grounds for disciplinary action; revising grounds
   61         under which the board may revoke or suspend the
   62         license of a massage establishment; amending s.
   63         501.015, F.S.; requiring health studios that provide
   64         massage services to obtain a massage establishment
   65         license; amending s. 509.241, F.S.; requiring public
   66         lodging establishments that provide massage services
   67         to obtain a massage establishment license; amending s.
   68         787.06, F.S.; revising legislative findings relating
   69         to the forms in which human trafficking occurs;
   70         providing an effective date.
   71  
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. The Legislature finds that many perpetrators of
   75  human trafficking are shielding this activity behind counterfeit
   76  or valid professional or occupational licenses issued by the
   77  state. It is the Legislature’s intent to provide law enforcement
   78  agencies in this state and the Department of Health the means to
   79  investigate, arrest, and prosecute any person, firm, or
   80  corporation that engages in human trafficking and prostitution
   81  under the guise of providing massage services or as a massage
   82  establishment.
   83         Section 2. Subsection (2) of section 456.013, Florida
   84  Statutes, is amended to read:
   85         456.013 Department; general licensing provisions.—
   86         (2) Before the issuance of any license, the department
   87  shall charge an initial license fee as determined by the
   88  applicable board or, if there is no board, by rule of the
   89  department. Upon receipt of the appropriate license fee, the
   90  department shall issue a license to any person certified by the
   91  appropriate board, or its designee, as having met the licensure
   92  requirements imposed by law or rule. The license shall consist
   93  of a wallet-size identification card and a wall card measuring 6
   94  1/2 inches by 5 inches. The license and wallet-size
   95  identification card issued to a massage therapist shall include
   96  the number of a current and valid driver’s license or
   97  identification card issued by the state or the state in which
   98  the applicant resides. The licensee shall surrender to the
   99  department the wallet-size identification card and the wall card
  100  if the licensee’s license is issued in error or is revoked.
  101         Section 3. Section 480.054, Florida Statutes, is created to
  102  read:
  103         480.054Massage establishments; criminal history checks;
  104  prohibited offenses.—
  105         (1) Except for a person licensed as a health care provider
  106  by the Department of Health, a person, firm, or corporation
  107  licensed as a health care clinic pursuant to part X of chapter
  108  400, a public lodging establishment pursuant to chapter 509, or
  109  a cosmetology salon or specialty salon pursuant to chapter 477,
  110  the following persons applying for a massage establishment
  111  license shall submit to the Department of Health a set of
  112  fingerprints on a form under procedures specified by the
  113  Department of Health, along with a payment in an amount equal to
  114  the costs incurred by the Department of Health for a criminal
  115  background check:
  116         (a) The applicant, if an individual.
  117         (b) The administrator or a similarly titled person who is
  118  responsible for the day-to-day operation of the massage
  119  establishment.
  120         (c) The financial officer or similarly titled individual
  121  who is responsible for the financial operation of the licensee
  122  or massage establishment.
  123         (d) Any person who has a controlling interest, if the
  124  Department of Health has reason to believe that such person has
  125  been convicted of any offense listed in subsection (3). For each
  126  person who has a controlling interest and has been convicted of
  127  any such offense, the applicant shall submit to the Department
  128  of Health on his or her application for a license a description
  129  and explanation of the conviction.
  130         (2)(a) The Department of Health shall submit the
  131  fingerprints provided by an applicant for initial licensure to
  132  the Department of Law Enforcement for a statewide criminal
  133  history check and the Department of Law Enforcement shall
  134  forward the fingerprints to the Federal Bureau of Investigation
  135  for a national criminal history check of the applicant.
  136         (b) For the initial renewal of an applicant’s license
  137  occurring on or after July 1, 2010, the Department of Health
  138  shall submit the fingerprints provided by an applicant to the
  139  Department of Law Enforcement for a statewide criminal history
  140  check and the Department of Law Enforcement shall forward the
  141  fingerprints to the Federal Bureau of Investigation for a
  142  national criminal history check.
  143         (3) The criminal history check under this section must
  144  ensure that a person subject to the provisions of this section
  145  has not been convicted of any offense prohibited under any of
  146  the following provisions of the Florida Statutes or under any
  147  similar statute of another jurisdiction:
  148         (a) Section 393.135, relating to sexual misconduct with
  149  certain developmentally disabled clients and reporting of such
  150  sexual misconduct.
  151         (b) Section 394.4593, relating to sexual misconduct with
  152  certain mental health patients and reporting of such sexual
  153  misconduct.
  154         (c) Section 415.111, relating to adult abuse, neglect, or
  155  exploitation of aged persons or disabled adults.
  156         (d) Section 782.04, relating to murder.
  157         (e) Section 782.07, relating to manslaughter, aggravated
  158  manslaughter of an elderly person or disabled adult, or
  159  aggravated manslaughter of a child.
  160         (f) Section 782.071, relating to vehicular homicide.
  161         (g) Section 782.09, relating to killing of an unborn quick
  162  child by injury to the mother.
  163         (h) Section 784.011, relating to assault, if the victim of
  164  the offense was a minor.
  165         (i) Section 784.021, relating to aggravated assault.
  166         (j) Section 784.03, relating to battery, if the victim of
  167  the offense was a minor.
  168         (k) Section 784.045, relating to aggravated battery.
  169         (l) Section 784.075, relating to battery on a detention or
  170  commitment facility staff.
  171         (m) Section 787.01, relating to kidnapping.
  172         (n) Section 787.02, relating to false imprisonment.
  173         (o) Section 790.115(1), relating to exhibiting firearms or
  174  weapons within 1,000 feet of a school.
  175         (p) Section 790.115(2)(b), relating to possessing an
  176  electric weapon or device, destructive device, or other weapon
  177  on school property.
  178         (q) Section 794.011, relating to sexual battery.
  179         (r) Former s. 794.041, relating to prohibited acts of
  180  persons in familial or custodial authority.
  181         (s) Chapter 796, relating to prostitution.
  182         (t) Section 798.02, relating to lewd and lascivious
  183  behavior.
  184         (u) Chapter 800, relating to lewdness and indecent
  185  exposure.
  186         (v) Section 806.01, relating to arson.
  187         (w) Chapter 812, relating to theft, robbery, and related
  188  crimes, if the offense is a felony.
  189         (x) Section 817.563, relating to the fraudulent sale of
  190  controlled substances, if the offense was a felony.
  191         (y) Section 825.102, relating to abuse, aggravated abuse,
  192  or neglect of an elderly person or disabled adult.
  193         (z) Section 825.1025, relating to lewd or lascivious
  194  offenses committed upon or in the presence of an elderly person
  195  or disabled adult.
  196         (aa) Section 825.103, relating to exploitation of an
  197  elderly person or disabled adult, if the offense was a felony.
  198         (bb) Section 826.04, relating to incest.
  199         (cc) Section 827.03, relating to child abuse, aggravated
  200  child abuse, or neglect of a child.
  201         (dd) Section 827.04, relating to contributing to the
  202  delinquency or dependency of a child.
  203         (ee) Former s. 827.05, relating to negligent treatment of
  204  children.
  205         (ff) Section 827.071, relating to sexual performance by a
  206  child.
  207         (gg) Section 843.01, relating to resisting arrest with
  208  violence.
  209         (hh) Section 843.025, relating to depriving a law
  210  enforcement, correctional, or correctional probation officer of
  211  means of protection or communication.
  212         (ii) Section 843.12, relating to aiding in an escape.
  213         (jj) Section 843.13, relating to aiding in the escape of
  214  juvenile inmates in correctional institutions.
  215         (kk) Chapter 847, relating to obscene literature.
  216         (ll) Section 874.05(1), relating to encouraging or
  217  recruiting another to join a criminal gang.
  218         (mm) Chapter 893, relating to drug abuse prevention and
  219  control, if the offense was a felony or if any other person
  220  involved in the offense was a minor.
  221         (nn) Section 944.35(3), relating to inflicting cruel or
  222  inhuman treatment on an inmate resulting in great bodily harm.
  223         (oo) Section 944.46, relating to harboring, concealing, or
  224  aiding an escaped prisoner.
  225         (pp) Section 944.47, relating to introduction of contraband
  226  into a correctional facility.
  227         (qq) Section 985.701, relating to sexual misconduct in
  228  juvenile justice programs.
  229         (rr) Section 985.711, relating to contraband introduced
  230  into detention facilities.
  231         (ss) Section 810.02, relating to burglary, if the offense
  232  is a felony.
  233         (4) A person that is newly employed in a capacity that
  234  requires a criminal history check under this section shall
  235  notify the Department of Health about his or her change in
  236  employment and submit to the Department of Health information
  237  necessary to conduct a criminal history check or provide
  238  evidence of compliance with the requirements for a criminal
  239  history check within 30 days after being employed. The person
  240  may serve in his or her capacity pending the Department of
  241  Health’s receipt of the report from the Federal Bureau of
  242  Investigation if he or she has met the standards for the
  243  criminal history check from the Department of Law Enforcement
  244  set forth in subsections (1) and (3). However, the person may
  245  not continue to serve in his or her capacity if the report
  246  indicates any violation of the standards set forth in
  247  subsections (1) and (3) unless an exemption from
  248  disqualification has been granted by the Department of Health.
  249         (5) The Department of Health may deny the application for a
  250  massage establishment license or the renewal of a massage
  251  establishment license if the application reveals that the
  252  applicant has been convicted of any offense listed in subsection
  253  (3) or under a similar statute of another jurisdiction.
  254         Section 4. Subsection (12) is added to section 477.025,
  255  Florida Statutes, to read:
  256         477.025 Cosmetology salons; specialty salons; requisites;
  257  licensure; inspection; mobile cosmetology salons.—
  258         (12) Any person, firm, or corporation operating a
  259  cosmetology salon or specialty salon in this state which
  260  provides massage services shall obtain a massage establishment
  261  license issued pursuant to s. 480.043 before providing any
  262  massage services.
  263         Section 5. Subsection (10) is added to section 480.033,
  264  Florida Statutes, to read:
  265         480.033 Definitions.—As used in this act:
  266         (10) “Convicted” or “conviction” means a determination of
  267  guilt that is the result of a trial or the entry of a plea of
  268  guilty or nolo contendere, regardless of whether adjudication is
  269  withheld.
  270         Section 6. Subsection (8) is added to section 480.035,
  271  Florida Statutes, to read:
  272         480.035 Board of Massage Therapy.—
  273         (8) The board may adopt rules that provide for the
  274  disapproval of a board-approved massage school if the majority
  275  of the graduates of such a school have engaged in a pattern of
  276  misconduct while providing massage services at a massage
  277  establishment. As used in this subsection, the term “pattern of
  278  misconduct” means being convicted at least once of violating s.
  279  796.07, relating to prostitution, during any 2-year period.
  280         Section 7. Subsection (2) of section 480.041, Florida
  281  Statutes, is amended to read:
  282         480.041 Massage therapists; qualifications; licensure;
  283  endorsement.—
  284         (2) Every person desiring to be examined for licensure as a
  285  massage therapist shall apply to the department in writing upon
  286  forms prepared and furnished by the department. The form shall
  287  require the number of a current and valid driver’s license or
  288  identification card issued by the state. Such applicants shall
  289  be subject to the provisions of s. 480.046(1). Applicants may
  290  take an examination administered by the department only upon
  291  meeting the requirements of this section as determined by the
  292  board.
  293         Section 8. Section 480.0415, Florida Statutes, is amended
  294  to read:
  295         480.0415 License renewal.—
  296         (1) The board shall prescribe by rule the method for
  297  renewal of biennial licensure which shall include continuing
  298  education requirements not to exceed 25 classroom hours per
  299  biennium. The board shall by rule establish criteria for the
  300  approval of continuing education programs or courses. The
  301  programs or courses approved by the board may include
  302  correspondence courses that meet the criteria for continuing
  303  education courses held in a classroom setting.
  304         (2) The application for renewal shall require the number of
  305  a current and valid driver’s license or identification card
  306  issued by the state.
  307         Section 9. Subsection (5) of section 480.042, Florida
  308  Statutes, is amended to read:
  309         480.042 Examinations.—
  310         (5) All licensing examinations shall be conducted in such
  311  manner that the applicant shall be known to the department by
  312  number until her or his examination is completed and the proper
  313  grade determined. An accurate record of each examination shall
  314  be made; and that record, together with all examination papers,
  315  shall be filed with the State Surgeon General and shall be kept
  316  for reference and inspection for a period of not less than 2
  317  years immediately following the examination. All licensing
  318  examinations shall be conducted in the English language, and
  319  each applicant shall demonstrate that he or she has the ability
  320  to communicate in English.
  321         Section 10. Section 480.043, Florida Statutes, is amended
  322  to read:
  323         480.043 Massage establishments; requisites; licensure;
  324  inspection; reports.—
  325         (1) A No massage establishment may not shall be allowed to
  326  operate without a license granted by the department in
  327  accordance with rules adopted by the board.
  328         (2) The board shall adopt rules governing the operation of
  329  establishments and their facilities, personnel, safety and
  330  sanitary requirements, financial responsibility, insurance
  331  coverage, and the license application and granting process.
  332         (3) Any person, firm, or corporation desiring to operate a
  333  massage establishment in the state shall submit to the
  334  department an application, upon forms provided by the
  335  department, accompanied by any information requested by the
  336  department and an application fee.
  337         (4) Upon receiving the application, the department may
  338  cause an investigation to be made of the proposed massage
  339  establishment.
  340         (5) If, based upon the application and any necessary
  341  investigation, the department determines that the proposed
  342  establishment would fail to meet the standards adopted by the
  343  board under subsection (2), the department shall deny the
  344  application for license. Such denial shall be in writing and
  345  shall list the reasons for denial. Upon correction of any
  346  deficiencies, an applicant previously denied permission to
  347  operate a massage establishment may reapply for licensure.
  348         (6) If, based upon the application and any necessary
  349  investigation, the department determines that the proposed
  350  massage establishment may reasonably be expected to meet the
  351  standards adopted by the department under subsection (2), the
  352  department shall grant the license under such restrictions as it
  353  shall deem proper as soon as the original licensing fee is paid.
  354         (7)(a) Once issued, a no license for the operation of a
  355  massage establishment may not be transferred from one owner to
  356  another.
  357         (b) A license may be transferred from one location to
  358  another only after inspection and approval by the board and
  359  receipt of an application and inspection fee set by rule of the
  360  board, not to exceed $125.
  361         (c) A license may be transferred from one business name to
  362  another after approval by the board and receipt of an
  363  application fee set by rule of the board, not to exceed $25.
  364         (8) Renewal of license registration for massage
  365  establishments shall be accomplished pursuant to rules adopted
  366  by the board. The board may is further authorized to adopt rules
  367  governing delinquent renewal of licenses and may impose penalty
  368  fees for delinquent renewal.
  369         (9) The board may is authorized to adopt rules governing
  370  the periodic inspection of massage establishments licensed under
  371  this act.
  372         (10) A person, firm, or corporation operating a massage
  373  establishment shall report to the board the license number of
  374  each massage therapist employed or otherwise engaged to provide
  375  massage services. The report must be submitted before the
  376  massage therapist is employed or otherwise engaged to provide
  377  massage services at the massage establishment. The board may
  378  adopt rules governing such report.
  379         (11) Each massage therapist shall report to the board the
  380  license number of any massage establishment at which the massage
  381  therapist provides massage services. The board may adopt rules
  382  governing such report.
  383         (12) Any person, firm, or corporation operating a massage
  384  establishment shall maintain valid work authorization documents
  385  on the premises for each employee who is not a United States
  386  citizen. Valid work authorization documents for an employee who
  387  is not a United States citizen include:
  388         (a) A valid I-551 permanent residence card; or
  389         (b) A valid employment authorization document.
  390         (13) If a person, firm, or corporation operating a massage
  391  establishment fails to maintain valid work authorization
  392  documents on the premises for each employee who is not a United
  393  States citizen, the Department of Health shall enter an order
  394  that imposes an administrative fine, not to exceed $1,000,
  395  against the person, firm, or corporation for the first offense,
  396  with fines increasing incrementally by $500 for each subsequent
  397  offense.
  398         Section 11. Paragraph (p) is added to subsection (1) and
  399  paragraphs (c) and (d) are added to subsection (3) of section
  400  480.046, Florida Statutes, to read:
  401         480.046 Grounds for disciplinary action by the board.—
  402         (1) The following acts constitute grounds for denial of a
  403  license or disciplinary action, as specified in s. 456.072(2):
  404         (p) Failing to report to the board the license number of
  405  any massage establishment by the massage therapist before
  406  providing massage services at the massage establishment.
  407         (3) The board shall have the power to revoke or suspend the
  408  license of a massage establishment licensed under this act, or
  409  to deny subsequent licensure of such an establishment, in either
  410  of the following cases:
  411         (c) Upon proof that a massage establishment has employed or
  412  otherwise engaged a person to provide massage services who does
  413  not hold a valid license issued pursuant to this chapter.
  414         (d) Upon proof that a massage establishment has employed or
  415  otherwise engaged a massage therapist to provide massage
  416  services without reporting to the board the license number of
  417  the massage therapist before employing or otherwise engaging the
  418  massage therapist.
  419         Section 12. Section 501.015, Florida Statutes, is amended
  420  to read:
  421         501.015 Health studios; registration requirements and
  422  fees.—
  423         (1) Each health studio shall:
  424         (a)(1) Register each of its business locations with the
  425  department in a form and manner as required by the department.
  426         (b)(2) Remit an annual registration fee of $300 to the
  427  department at the time of registration for each of the health
  428  studio’s business locations.
  429         (c)(3) File a security as required by s. 501.016 at the
  430  time of registration.
  431         (d)(4) Post at the registration desk or front desk,
  432  whichever is more prominent, at each business location the proof
  433  of registration certificate provided by the department at the
  434  time of registration or renewal.
  435         (e)(5) Include the registration number issued by the
  436  department in all printed advertisements, contracts, and
  437  publications utilized by the health studio for a business
  438  location.
  439         (f)(6) Be considered a new health studio and shall be
  440  subject to the requirements of s. 501.016 each time the health
  441  studio changes ownership or, in the case of corporate ownership,
  442  each time the stock ownership is changed so as to effectively
  443  put the health studio under new management or control,
  444  notwithstanding the provisions of s. 501.016(6). A change of
  445  ownership does not occur within the meaning of this subsection
  446  if:
  447         1.(a) Substantially the same stockholders form a new
  448  corporate entity;
  449         2.(b) In the opinion of the department, the change does not
  450  effectively place the health studio under new management and
  451  control; and
  452         3.(c) The health studio has a satisfactory complaint
  453  history with the department.
  454         (2)(7) Any person applying for or renewing a local
  455  occupational license to engage in business as a health studio
  456  must exhibit an active registration certificate from the
  457  Department of Agriculture and Consumer Services before the local
  458  occupational license may be issued or reissued.
  459         (3)(8) All moneys collected pursuant to this section shall
  460  be deposited into the General Inspection Trust Fund.
  461         (4) Each health studio that offers massage services shall
  462  obtain a massage establishment license issued pursuant to s.
  463  480.043 before providing massage services.
  464         Section 13. Subsection (4) is added to section 509.241,
  465  Florida Statutes, to read:
  466         509.241 Licenses required; exceptions.—
  467         (4) MASSAGE ESTABLISHMENT LICENSE.—Each public lodging
  468  establishment that offers massage services shall obtain a
  469  massage establishment license issued pursuant to s. 480.043
  470  before providing massage services.
  471         Section 14. Paragraph (b) of subsection (1) of section
  472  787.06, Florida Statutes, is amended to read:
  473         787.06 Human trafficking.—
  474         (1)
  475         (b) The Legislature finds that while many victims of human
  476  trafficking are forced to work in prostitution or the sexual
  477  entertainment industry, trafficking also occurs in forms of
  478  labor exploitation, such as domestic servitude, restaurant work,
  479  janitorial work, sweatshop factory work, and migrant
  480  agricultural work, massage therapy, and work within a specialty
  481  salon, cosmetology salon, or spa.
  482         Section 15. This act shall take effect July 1, 2010.

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