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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to illicit massage establishments; 2
amending s. 480.033, F.S.; providing and revising 3
definitions; amending s. 480.039, F.S.; authorizing 4
specified officers to perform inspections and 5
investigations for specified purposes; requiring code 6
enforcement officers, and authorizing law enforcement 7
officers, to submit affidavits with specified photos 8
and other evidence to the Department of Health within 9
a specified timeframe; requiring the department to 10
issue summary suspension of establishment licen ses 11
within specified timeframe; requiring certain law 12
enforcement agencies to provide specified notification 13
to the department within specified timeframe; amending 14
s. 480.043, F.S.; prohibiting sexual activity in 15
establishments; providing requirements for outside 16
windows and signs in establishments; providing 17
employee dress code requirements; requiring 18
establishments to maintain certain records in English; 19
requiring establishments to display certain employee 20
information and photos; requiring establishments to 21
collect certain customer and patient information 22
before providing services; requiring specified persons 23
to grant full access to establishments to specified 24
investigators and officers; requiring the Board of 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Massage Therapy to adopt rules; providing for summary 26
suspension of establishment licenses; amending s. 27
480.0465, F.S.; revising and providing advertising 28
requirements; amending s. 480.0475, F.S.; revising 29
establishment operating hours; requiring all customer 30
and patient services to be performed withi n specified 31
hours; prohibiting establishments from sheltering or 32
harboring, or being used as sleeping quarters for, any 33
person; providing criminal penalties; providing for 34
summary suspension of establishment licenses; amending 35
s. 480.0485, F.S.; specifying activities that 36
constitute sexual misconduct in the practice of 37
massage therapy; amending s. 480.0535, F.S.; 38
authorizing specified officers to request certain 39
documentation; requiring additional documents to be 40
presented to the department and specified of ficers; 41
providing criminal penalties; providing for summary 42
suspension of establishment licenses; requiring the 43
department to notify the local federal immigration 44
office if specified persons fail to provide valid 45
government identification; amending s. 847. 001, F.S.; 46
revising a definition; providing severability; 47
providing an effective date. 48
49
Be It Enacted by the Legislature of the State of Florida: 50
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Section 1. Subsections (1) through (6) and (7) through 52
(12) of section 480.033, Florida Statutes, are renumbered as 53
subsections (2) through (7) and (9) through (14), respectively, 54
present subsection (7) is amended, and new subsections (1) and 55
(8) and subsection (15) are added to that section, to read: 56
480.033 Definitions. —As used in this act: 57
(1) "Advertising medium" means any newspaper; airwave or 58
computer transmission; telephone directory listing other than an 59
in-column listing consisting only of a name, physical address, 60
and telephone number; business card; handbill; flyer; sign other 61
than a building directory listing all building tenants and their 62
room or suite numbers; or other form of written or electronic 63
advertisement. 64
(8) "Employee" means any person whose duties involve any 65
aspect of the massage establishment regardless of whether such 66
person is compensated for the performance of such duties. The 67
term does not include a person exclusively engaged in the repair 68
or maintenance of the massage establishment or the delivery of 69
goods to the massage establishment. 70
(9)(7) "Establishment" or "massage establishment" means a 71
site or premises, or portion thereof, in which wherein a massage 72
therapist practices massage therapy. The term does not include 73
an unlicensed massage establishment as defined in s. 74
847.001(2)(d). 75
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(15) "Sexual activity" means any d irect or indirect 76
contact by any employee or person, or between any employees or 77
persons, with the intent to abuse, humiliate, harass, degrade, 78
or arouse, or gratify the sexual desire of, any employee or 79
person, or which is likely to cause such abuse, humi liation, 80
harassment, degradation, or arousal, or sexual gratification: 81
(a) With or without the consent of the employee or person; 82
(b) With or without verbal or nonverbal communication that 83
the sexual activity is undesired; 84
(c) With or without the use of any device or object; 85
(d) With or without the occurrence of penetration, orgasm, 86
or ejaculation; 87
(e) Including, but not limited to, intentional contact 88
with the genitalia, groin, femoral triangle, anus, buttocks, 89
gluteal cleft, breast or nipples, m outh, or tongue; and 90
(f) Including, but not limited to, the intentional removal 91
of any drape without written specific informed consent of the 92
patient. 93
Section 2. Section 480.039, Florida Statutes, is amended 94
to read: 95
480.039 Investigative services ; penalty; reporting 96
requirement.— 97
(1) The department shall provide all investigative 98
services required in carrying out the provisions of this act. A 99
law enforcement officer or code enforcement officer may perform 100
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inspections and investigations regarding whether a massage 101
establishment is in compliance with s. 480.043(3)(a) -(g) and 102
(12), s. 480.0475(1) and (2), and s. 480.0535. Code enforcement 103
officers shall, and law enforcement officers may, submit to the 104
department an executed affidavit with photos and any other 105
evidence obtained during the inspection or investigation within 106
5 business days after the inspection or investigation that there 107
is a violation of s. 480.043(3)(a), (b), (c), (d), (e), (f), or 108
(g) or (12), s. 480.0475(1) or (2), or s. 480.0535. W ithin 5 109
business days after receipt of such executed affidavit, the 110
department shall issue a summary suspension of the massage 111
establishment license as described in s. 120.60(6) or s. 112
456.073(8). 113
(2) If a law enforcement officer arrests a massage 114
therapist for any violation of this chapter or determines that a 115
massage establishment continues to operate following the 116
issuance of a summary suspension by the department, the 117
officer's employing law enforcement agency shall notify the 118
department within 5 busin ess days after the arrest or 119
determination of unlawful continued operation. 120
Section 3. Subsection (3) of section 480.043, Florida 121
Statutes, is amended to read: 122
480.043 Massage establishments; requisites; licensure; 123
inspection; human trafficking aware ness training and policies ; 124
prohibited acts.— 125
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(3)(a) Sexual activity in any massage establishment is 126
prohibited. An establishment owner or employee may not engage in 127
or allow any person to engage in sexual activity in the massage 128
establishment or use the establishment to make arrangements to 129
engage in sexual activity in another location. Prophylactic 130
devices are prohibited in a massage establishment. 131
(b) If there is an outside window or windows into the 132
massage establishment's reception area, the outsid e window or 133
windows must allow for at least 35 percent light penetration, 134
and no more than 50 percent of the outside window or windows may 135
be obstructed with signage, thus allowing the public to see the 136
massage establishment's reception area. A sign must b e posted on 137
the front window of the massage establishment and include the 138
name of the massage establishment, its license number, and the 139
telephone number that has been provided to the department as 140
part of the licensing of the massage establishment. 141
(c) All employees within the massage establishment must be 142
fully clothed and such clothing must be fully opaque and made of 143
nontransparent material that does not expose the employee's 144
genitalia, undergarments, or lingerie. 145
(d) A massage establishment must m aintain a complete set 146
of legible records in English, which must include each 147
employee's start date of employment, full legal name, date of 148
birth, home address, telephone number, and employment position 149
and a copy of the employee's government identificatio n required 150
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under s. 480.0535. All information required under this paragraph 151
must be recorded before the employee is authorized to provide 152
any service to a customer or patient. 153
(e) A massage establishment must conspicuously display 154
each massage therapist' s license with an attached 2 -inch by 2-155
inch photo. Such display must also include the massage 156
therapist's full legal name and employment position. All 157
information required under this paragraph must be displayed 158
before the massage therapist is authorized to provide any 159
service to a customer or patient. 160
(f) A massage establishment must maintain a complete set 161
of legible records in English, which must include the date, 162
time, and type of service provided; the full legal name of the 163
employee who performed the service; the full legal name, home 164
address, and telephone number of the customer or patient; and a 165
copy of the customer's or patient's photo identification. 166
Records required under this paragraph must be maintained for at 167
least 1 year after the administrati on of the service. All 168
information required under this paragraph must be collected and 169
recorded before the provision of any service to a customer or 170
patient. The massage establishment must confirm the 171
identification of the customer or patient before the pr ovision 172
of any service to the customer or patient. 173
(g) An establishment owner, designated establishment 174
manager, massage therapist, or employee must grant full access 175
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to the massage establishment to an investigator of the 176
department, law enforcement offi cer, or code enforcement officer 177
if the establishment has a customer or patient on the premises. 178
All rooms, cabinets, and storage areas must be subject to 179
inspection and any locked rooms, cabinets, or storage areas must 180
be promptly opened for inspection. 181
(h) The board shall adopt rules governing the operation of 182
massage establishments and their facilities, personnel, safety 183
and sanitary requirements, financial responsibility, insurance 184
coverage, and license application and granting process. 185
(i) Failure to comply with paragraphs (a) -(g) shall result 186
in summary suspension of the massage establishment license as 187
described in s. 120.60(6) or s. 456.073(8). 188
Section 4. Section 480.0465, Florida Statutes, is amended 189
to read: 190
480.0465 Advertisement ; prohibitions.— 191
(1) Each massage therapist or massage establishment 192
licensed under this act shall include the number of the license 193
in any advertisement of massage therapy services appearing in 194
any advertising medium, including a newspaper, airwave 195
transmission, telephone directory, Internet, or other 196
advertising medium. Pending licensure of a new massage 197
establishment under s. 480.043(7), the license number of a 198
licensed massage therapist who is an owner or principal officer 199
of the establishment may be used in lieu of the license number 200
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for the establishment. The advertisement must also include the 201
physical address of the massage establishment and the telephone 202
number that has been provided to the department as part of the 203
licensing of the massage establishment. However, the inclusion 204
of the physical address and telephone number is not required for 205
an advertisement by a massage establishment whose establishment 206
owner operates more than 20 locations in the state. 207
(2) An establishment owner may not place, publish , or 208
distribute, or cause to be placed, published, or distributed, 209
any advertisement in any advertising medium that states 210
prostitution services, escort services, or sexual services are 211
available. 212
(3) A massage therapist or massage establishment licensed 213
under this act may not place, publish, or distribute, or cause 214
to be placed, published, or distributed, any online 215
advertisement on any website known for advertising prostitution 216
services, escort services, or sexual services. 217
Section 5. Section 480.04 75, Florida Statutes, is amended 218
to read: 219
480.0475 Massage establishments; prohibited practices ; 220
penalties.— 221
(1) A massage establishment may only be operated person 222
may not operate a massage establishment between the hours of 5 223
a.m. and midnight and all customer and patient services must be 224
performed between the hours of 5 a.m. and 10 p.m. This 225
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subsection does not apply to a massage establishment: 226
(a) Located on the premises of a health care facility as 227
defined in s. 408.07; a health care clinic as defined in s. 228
400.9905(4); a hotel, motel, or bed and breakfast inn, as those 229
terms are defined in s. 509.242; a timeshare property as defined 230
in s. 721.05; a public airport as defined in s. 330.27; or a 231
pari-mutuel facility as defined in s. 550.002; 232
(b) In which every massage performed between the hours of 233
10 p.m. midnight and 5 a.m. is performed by a massage therapist 234
acting under the prescription of a physician or physician 235
assistant licensed under chapter 458, an osteopathic physician 236
or physician assistant licensed under chapter 459, a 237
chiropractic physician licensed under chapter 460, a podiatric 238
physician licensed under chapter 461, an advanced practice 239
registered nurse licensed under part I of chapter 464, or a 240
dentist licensed under chapter 466; o r 241
(c) Operating during a special event if the county or 242
municipality in which the establishment operates has approved 243
such operation during the special event. 244
(2) A person operating a massage establishment may not use 245
or permit the establishment to be used as a principal domicile 246
for, to shelter or harbor, or as sleeping quarters for any 247
person unless the establishment is zoned for residential use 248
under a local ordinance. 249
(3) A person violating the provisions of this section 250
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commits a misdemeanor of t he first degree, punishable as 251
provided in s. 775.082 or s. 775.083. A second or subsequent 252
violation of this section is a felony of the third degree, 253
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 254
Failure to comply with subsection (1) or subsection (2) shall 255
result in summary suspension of the massage establishment 256
license as described in s. 120.60(6) or s. 456.073(8). 257
Section 6. Section 480.0485, Florida Statutes, is amended 258
to read: 259
480.0485 Sexual misconduct in the practice of ma ssage 260
therapy.—The massage therapist -patient relationship is founded 261
on mutual trust. Sexual misconduct in the practice of massage 262
therapy means violation of the massage therapist -patient 263
relationship through which the massage therapist uses that 264
relationship to induce or attempt to induce the patient to 265
engage, or to engage or attempt to engage the patient, in sexual 266
activity outside the scope of practice or the scope of generally 267
accepted examination or treatment of the patient. Sexual 268
misconduct in the practice of massage therapy includes requiring 269
patient nudity as part of any massage service or any other 270
service in the massage establishment or the intentional removal 271
of any drape without the written specific informed consent of 272
the patient. Sexual misconduct in the practice of massage 273
therapy is prohibited. 274
Section 7. Section 480.0535, Florida Statutes, is amended 275
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to read: 276
480.0535 Documents required while working in a massage 277
establishment; penalties; reporting requirement .— 278
(1) In order to provide the department and law enforcement 279
agencies the means to more effectively identify, investigate, 280
and arrest persons engaging in human trafficking, an employee a 281
person employed by a massage establishment and any person 282
performing massage therapy in a massage establishment therein 283
must immediately present, upon the request of an investigator of 284
the department, a code enforcement officer, or a law enforcement 285
officer, valid government identification while in the 286
establishment. An investigator of the department must request 287
valid government identification from all employees while in the 288
establishment. A valid government identification for the 289
purposes of this section is: 290
(a) A valid, unexpired driver license issued by any state, 291
territory, or district of the United States; 292
(b) A valid, unexpired identification card issued by any 293
state, territory, or district of the United States; 294
(c) A valid, unexpired United States passport; 295
(d) A naturalization certificate issued by the United 296
States Department of Homeland Security; 297
(e) A valid, unexpired alien registration receipt card 298
(green card); or 299
(f) A valid, unexpired employment authorization card 300
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issued by the United States Department of Homeland Security. 301
(2) A person operating a massage establishment must: 302
(a) Immediately present, upon the request of an 303
investigator of the department , a code enforcement officer, or a 304
law enforcement officer: 305
1. Valid government identification while in the 306
establishment. 307
2. A copy of the doc umentation specified in paragraph 308
(1)(a) for each employee and any person performing massage 309
therapy in the establishment. 310
3. A copy of the documents required under s. 480.043(3)(d) 311
and (f). 312
(b) Ensure that each employee and any person performing 313
massage therapy in the massage establishment is able to 314
immediately present, upon the request of an investigator of the 315
department, a code enforcement officer, or a law enforcement 316
officer, valid government identification while in the 317
establishment. 318
(3) A person who violates any provision of this section 319
commits: 320
(a) For a first violation, a misdemeanor of the second 321
degree, punishable as provided in s. 775.082 or s. 775.083. 322
(b) For a second violation, a misdemeanor of the first 323
degree, punishable as prov ided in s. 775.082 or s. 775.083. 324
(c) For a third or subsequent violation, a felony of the 325
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third degree, punishable as provided in s. 775.082, s. 775.083, 326
or s. 775.084. 327
(4) Failure to comply with this section shall result in 328
summary suspension of the massage establishment license as 329
described in s. 120.60(6) or s. 456.073(8). 330
(5) The department shall notify the local federal 331
immigration office if a person operating a massage 332
establishment, an employee, or any person performing massage 333
therapy in a massage establishment fails to provide a valid 334
government identification as required under this section. 335
Section 8. Paragraph (d) of subsection (2) of section 336
847.001, Florida Statutes, is amended to read: 337
847.001 Definitions. —As used in this chapter, the term: 338
(2) "Adult entertainment establishment" means the 339
following terms as defined: 340
(d) "Unlicensed massage establishment" means any business 341
or enterprise that offers, sells, or provides, or that holds 342
itself out as offering, selling, or providing , massages that 343
include bathing, physical massage, rubbing, kneading, anointing, 344
stroking, manipulating, or other tactile stimulation of the 345
human body by either male or female employees or attendants, 346
including employees or attendants who are massage ther apists 347
licensed under s. 480.041, by hand or by any electrical or 348
mechanical device, on or off the premises. The term "unlicensed 349
massage establishment" does not include an establishment 350
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licensed under s. 480.043 which routinely provides medical 351
services by state-licensed health care practitioners and massage 352
therapists licensed under s. 480.041. 353
Section 9. If any provision of this act or its application 354
to any person or circumstance is held invalid, the invalidity 355
does not affect other provisions or ap plications of the act 356
which can be given effect without the invalid provision or 357
application, and to this end the provisions of this act are 358
severable. 359
Section 10. This act shall take effect July 1, 2023. 360