Florida Senate - 2010                              CS for SB 966
       
       
       
       By the Committee on Health Regulation; and Senator Joyner
       
       
       
       
       588-03191-10                                           2010966c1
    1                        A bill to be entitled                      
    2         An act relating to massage services; creating s.
    3         480.054, F.S.; requiring a person who provides or
    4         offers to provide massage services to possess a
    5         license and certain identifying documents; requiring a
    6         person who provides or offers to provide massage
    7         services to present a license and an identifying
    8         document to a law enforcement officer upon request;
    9         prohibiting a person from providing or offering to
   10         provide massage services without possessing certain
   11         documents; requiring any person who operates a massage
   12         establishment to maintain certain valid work
   13         authorization documents on the premises for certain
   14         employees; requiring any person who operates a massage
   15         establishment to present certain valid work
   16         authorization documents to a law enforcement officer
   17         upon request; prohibiting a person from operating or
   18         managing a massage establishment without maintaining
   19         valid work authorization documents on the premises of
   20         the massage establishment for certain employees;
   21         prohibiting a person from using a massage
   22         establishment license for the purpose of lewdness,
   23         assignation, or prostitution; providing penalties;
   24         providing an effective date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 480.054, Florida Statutes, is created to
   29  read:
   30         480.054 Documents required for identification for
   31  presentation to law enforcement officer while offering or
   32  providing massage services.—
   33         (1) Each person who provides or offers to provide massage
   34  services shall possess a wallet-size identification license card
   35  or wall license card issued by the Department of Health pursuant
   36  to s. 456.013 and one of the following documents:
   37         (a) A current driver’s license;
   38         (b) An identification card issued by the state;
   39         (c) A valid passport issued by the Department of State of
   40  the United States;
   41         (d) A valid I-551 permanent residence card; or
   42         (e) A valid employment authorization document issued to the
   43  person providing or offering to provide the massage services.
   44         (2) Upon request by a law enforcement officer, a person who
   45  provides or offers to provide massage services shall present to
   46  the law enforcement officer the wallet-size identification
   47  license card or wall license card issued by the Department of
   48  Health pursuant to s. 456.013 and one of the following
   49  documents:
   50         (a) A current driver’s license;
   51         (b) An identification card issued by the state;
   52         (c) A valid passport issued by the Department of State of
   53  the United States;
   54         (d) A valid I-551 permanent residence card; or
   55         (e) A valid employment authorization document issued to the
   56  person providing or offering to provide the massage services.
   57         (3) A person may not offer or provide massage services
   58  without possession of a valid wallet-size identification license
   59  card or wall license card issued by the Department of Health
   60  pursuant to s. 456.013 and one of the following documents:
   61         (a) A current driver’s license;
   62         (b) An identification card issued by a state;
   63         (c) A valid passport by the Department of State of the
   64  United States;
   65         (d) A valid I-551 permanent residence card; or
   66         (e) A valid employment authorization document issued to the
   67  person providing or offering to provide the massage services.
   68         (4) Any person who operates a massage establishment
   69  pursuant to s. 480.043 shall maintain valid work authorization
   70  documents on the premises for each employee who is not a United
   71  States citizen. Valid work authorization documents for an
   72  employee who is not a United States citizen include:
   73         (a) A valid I-551 permanent residence card; or
   74         (b) A valid employment authorization document.
   75         (5) Upon request by a law enforcement officer, any person
   76  who operates a massage establishment shall present valid work
   77  authorization documents on the premises for each employee who is
   78  not a United States citizen. Valid work authorization documents
   79  for an employee who is not a United States citizen include:
   80         (a) A valid I-551 permanent residence card; or
   81         (b) A valid employment authorization document.
   82         (6) A person may not operate or otherwise manage a massage
   83  establishment without maintaining valid work authorization
   84  documents on the premises for each employee who is not a United
   85  States citizen. Valid work authorization documents for an
   86  employee who is not a United States citizen include:
   87         (a) A valid I-551 permanent residence card; or
   88         (b) A valid employment authorization document.
   89         (7) A person may not use a massage establishment license
   90  issued pursuant to s. 480.043 for the purpose of lewdness,
   91  assignation, or prostitution at any place, structure, or part
   92  thereof, trailer or other conveyance, with the knowledge that
   93  the license will be used for the purpose of lewdness,
   94  assignation, or prostitution.
   95         (8) A person who violates any provision of this section
   96  commits:
   97         (a) A misdemeanor of the second degree for the first
   98  violation, punishable as provided in s. 775.082 or s. 775.083.
   99         (b) A misdemeanor of the first degree for the second
  100  violation, punishable as provided in s. 775.082 or s. 775.083.
  101         (c) A felony of the third degree for the third or
  102  subsequent violation, punishable as provided in s. 775.082, s.
  103  775.083, or s. 775.084.
  104         Section 2. This act shall take effect July 1, 2010.