August 14, 2020
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290091
  Amendment
Bill No. CS/CS/CS/CS/HB 425
Amendment No. 290091
CHAMBER ACTION
Senate House
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1Representative Burgin offered the following:
2
3     Amendment (with title amendment)
4     Between lines 210 and 211, insert:
5     Section 1.  Section 480.0465, Florida Statutes, is amended
6to read:
7     480.0465  License number in advertisement.--Each massage
8therapist or massage establishment licensed under the provisions
9of this act shall include the number of the license in any
10advertisement of massage services appearing in any newspaper,
11airwave transmission, telephone directory, or other advertising
12medium. Pending licensure of a new massage establishment
13pursuant to the provisions of s. 480.043(6), the license number
14of a licensed massage therapist who is an owner or principal
15officer of the establishment may be used in lieu of the license
16number for the establishment.
17     Section 2.  Section 480.067, Florida Statutes, is created
18to read:
19     480.067  Advertising implying services other than massage
20or licensed services without a license.--
21     (1)  Any direct or indirect publication, dissemination, or
22display, whether by hire, contract, or otherwise, by any massage
23therapist, establishment, or board-approved massage school or
24escort bureau or any owner, manager, or employee of an
25establishment or board-approved massage school within the scope
26of this chapter in any newspaper, magazine, or other publication
27or through any radio, television, telephone, Internet,
28pictorial, or other advertising medium that explicitly states,
29or would suggest to a reasonable, prudent person, that any
30service other than that of massage is provided is prohibited.
31     (2)  Any word, phrase, or combination of words used in any
32advertisement that implies the provision of a service other than
33that of massage, or that gives the public a basis to believe
34that sexual stimulation, sexual gratification, or any form of
35sex service is provided, is prohibited within the intent of this
36section. Terms and words that may, depending upon the context,
37be used to convey that sexual stimulation or sexual
38gratification is offered include, but are not limited to,
39"actresses," "all our escorts have health certificates," "all
40our models have health certificates," "bodies beautiful," "girls
41galore," "call us and make your point," "call us, we come to
42you," "climax," "couples and swingers," "desires," "direct to
43your room," "do you want a swinger," "dominance," "double
44delight," "erotic," "erotic encounters," "exciter," "fantasies,"
45"fetishes," "for adults only," "fox hunting," "fulfill," "girls
46to go," "happy endings," "hard core," "hot," "it's legal in
47Florida," "love," "maid," "maids," "maid service," "make your
48point," "massages," "models," "models, girls, or escorts in the
49privacy of your hotel or motel room," "models, girls, or escorts
50to act out your fantasies," "no need to leave your hotel," "no
51need to leave your hotel room," "nude models," "open 24 hours
52for your desires," "open 24 hours for your pleasure," "outcall,"
53"rooms provided," "satisfy," "seductive," "sensuous," "sexy,"
54"showers," "showgirls," "showguys," "so good," "someone to
55enjoy," "special services," "spend some time with me," "spice,"
56"spicy," "submit to pleasure," "swingers and couples,"
57"swinging," "tantalizing," "the pleasure is yours," "the utmost
58in discretion," "two for one," "warm," "we come direct to you,"
59"we deliver," "we deliver the goods," "we go out," "we have a
60model, escort, or girl for your every need," "we respond
61immediately," "you always win," and "you won't be disappointed."
62     (3)  Any photograph, picture, drawing, sketch, pictorial
63representation, or verbal or written description used in an
64advertisement of any massage, massage therapist, or board-
65approved massage school or escort bureau in any medium is
66prohibited and presumed to advertise the availability or
67provision of sexual stimulation or sexual gratification or sex
68services if it shows or depicts a massage therapist, or a
69representation of a massage therapist, in an unclothed state or
70attired in clothing that shows:
71     (a)  The human male or female genitals, pubic area, or
72buttocks with less than a fully opaque covering;
73     (b)  Any portion of the female breast below the top of the
74nipple with less than a fully opaque covering; or
75     (c)  Covered male genitals in a discernibly turgid state.
76     (4)(a)  A person may not:
77     1.  Knowingly sell, lend, give away, distribute, transmit,
78show, or transmute, or offer to sell, lend, give away,
79distribute, transmit, show, or transmute, or have in his or her
80possession, custody, or control with intent to sell, lend, give
81away, distribute, transmit, show, transmute, or advertise in any
82manner, the availability of a massage therapist, massage, or
83board-approved massage school without obtaining a license
84therefor as provided in this chapter, regardless of whether the
85actual business of massage as defined in this chapter is
86performed;
87     2.  Knowingly design, copy, draw, photograph, pose for,
88write, print, publish, or in any manner whatsoever manufacture
89or prepare any material, matter, article, or thing prohibited
90pursuant to subsection (1), subsection (2), or subsection (3);
91     3.  Knowingly write, print, publish, or utter, or cause to
92be written, printed, published, or uttered, any advertisement or
93notice of any kind, giving information, directly or indirectly,
94stating, or purporting to state, where, how, of whom, or by what
95means any, or what purports to be any, such material, matter,
96article, or thing of any such character can be purchased,
97obtained, or had; or
98     4.  In any manner knowingly hire, employ, use, or permit
99any person to do or assist in doing any act or thing prohibited
100in subparagraphs 1.-3.
101     (b)  A person who violates any provision of paragraph (a)
102commits a misdemeanor of the first degree, punishable as
103provided in s. 775.082 or s. 775.083. A person who, after having
104been convicted of a violation of this subsection, thereafter
105violates any of its provisions commits a felony of the third
106degree, punishable as provided in s. 775.082, s. 775.083, or s.
107775.084.
108     (c)  The knowing possession by any person of three or more
109identical or similar materials, matters, articles, or things
110prohibited in paragraph (a) is prima facie evidence of a
111violation of paragraph (a).
112     (5)  A person may not, as a condition of the sale,
113allocation, consignment, or delivery for resale of any paper,
114magazine, book, periodical, or publication, require that the
115purchaser or consignee receive for resale any other article,
116paper, magazine, book, periodical, or publication reasonably
117believed by the purchaser or consignee to be obscene, and a
118person may not deny or threaten to deny or revoke any franchise
119or impose or threaten to impose any penalty, financial or
120otherwise, by reason of the failure of any person to accept any
121such article, paper, magazine, book, periodical, or publication,
122or by reason of the return thereof. A person who violates this
123subsection commits a felony of the third degree, punishable as
124provided in s. 775.082, s. 775.083, or s. 775.084.
125     (6)  Each act, thing, or transaction forbidden by this
126section is punishable as a separate offense.
127     (7)  Proof that a defendant knowingly committed any act, or
128engaged in any conduct, referred to in this section may be made
129by showing that, at the time such act was committed, or conduct
130engaged in, the defendant had actual knowledge of the contents
131or character of the material, matter, article, advertisement, or
132thing possessed or otherwise dealt with, by showing facts and
133circumstances from which it may fairly be inferred that he or
134she had such knowledge, or by showing that he or she had
135knowledge of such facts and circumstances as would put a person
136of ordinary intelligence and caution on inquiry as to such
137contents or character.
138     (8)  There is no right of property in any of the materials,
139matters, articles, or things possessed or otherwise dealt with
140in violation of this section. Upon their seizure by any
141authorized law enforcement officer, such items shall be held by
142the arresting agency. If such items are no longer required as
143evidence, the prosecuting officer or any claimant may move the
144court in writing for the disposition of the items and, after
145notice and hearing, the court, if it finds the items to have
146been possessed or otherwise dealt with in violation of this
147section, shall order the sheriff to destroy such items in the
148presence of the clerk; otherwise, the court shall order the
149items returned to the claimant if the claimant shows that he or
150she is entitled to possession. If destruction is ordered, the
151sheriff and clerk shall file a certificate of compliance.
152     (9)(a)  The circuit court has jurisdiction to enjoin a
153threatened violation of this section upon complaint filed by the
154state attorney or attorney for a municipality in the name of the
155state upon the relation of such state attorney or attorney for a
156municipality.
157     (b)  After the filing of such a complaint, the judge to
158whom the complaint is presented may grant an order restraining
159the person complained of until final hearing or further order of
160the court. Whenever the relator state attorney or attorney for a
161municipality requests a judge of such court to set a hearing
162upon an application for such a restraining order, such judge
163shall set such hearing for a time within 3 days after the making
164of such request. No such order shall be made unless such judge
165is satisfied that sufficient notice of the application therefor
166has been given to the party restrained of the time when and
167place where the application for such restraining order is to be
168made; however, such notice shall be dispensed with when it is
169manifest to such judge, from the sworn allegations of the
170complaint or the affidavit of the plaintiff or other competent
171person, that the apprehended violation will be committed if an
172immediate remedy is not afforded.
173     (c)  The person sought to be enjoined shall be entitled to
174a trial of the issues within 1 day after joinder of issue, and a
175decision shall be rendered by the court within 2 days after the
176conclusion of the trial.
177     (d)  In any action brought as provided in this subsection,
178no bond or undertaking shall be required of the state attorney
179or the municipality or its attorney before the issuance of a
180restraining order provided for by paragraph (b), and there shall
181be no liability on the part of the state or the state attorney
182or the municipality or its attorney for costs or for damages
183sustained by reason of such restraining order in any case if a
184final decree is rendered in favor of the person sought to be
185enjoined.
186     (e)  Every person who has possession, custody, or control
187of, or otherwise deals with, any of the materials, matters,
188articles, or things described in this section, after the service
189upon him or her of a summons and complaint in an action for
190injunction brought under this subsection, is chargeable with
191knowledge of the contents and character thereof.
192     (10)  The sheriffs and state attorneys of this state shall
193vigorously enforce this section within their respective
194jurisdictions.
195     (11)  This section does not apply to the exhibition of
196motion pictures permitted by s. 847.013.
197     (12)  Any store, shop, warehouse, building, vehicle, ship,
198boat, vessel, aircraft, or any place whatsoever, which is
199visited by persons for the purpose of unlawfully purchasing or
200viewing any obscene material or performance as described in this
201chapter, or which is used for the illegal keeping, selling, or
202delivering of such obscene materials or performances, shall be
203deemed a public nuisance. A person may not keep or maintain such
204public nuisance or aid and abet another in keeping or
205maintaining such public nuisance.
206     (13)  The terms defined in s. 847.001 are applicable to
207this section.
208
209
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210
T I T L E  A M E N D M E N T
211     Remove lines 2-3 and insert:
212An act relating to the regulation of professions; amending
213s. 480.0465, F.S.; revising provisions relating to
214advertising by massage therapist and massage establishment
215licensees; creating s. 480.067, F.S.; prohibiting
216advertisements that imply services other than licensed
217massage; prohibiting advertising that gives the public a
218basis to believe that sexual stimulation, sexual
219gratification, or any form of sex service is provided;
220providing examples of terms that may convey that sexual
221stimulation, sexual gratification, or any form of sex
222service is offered; prohibiting certain images in
223advertising; prohibiting certain acts relating to massage
224therapy and obscene materials; providing penalties;
225providing for the seizure and destruction of certain
226obscene materials; providing for the return of such
227materials under certain circumstances; authorizing
228injunctive relief for threats of certain violations of the
229act; providing for enforcement; providing an exemption;
230declaring certain places at which obscene materials or
231performances are unlawfully purchased or viewed to be
232public nuisances; prohibiting a person from maintaining
233such a public nuisance; providing definitions; amending s.
234455.213, F.S.;


CODING: Words stricken are deletions; words underlined are additions.
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