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A bill to be entitled 1
An act relating to massage establishments; amending s. 2
456.074, F.S.; authorizing the Department of Health to 3
immediately suspend the license of certain health care 4
practitioners and massage establishments in certain 5
circumstances; amending s. 480.033, F.S.; providing 6
and revising definitions; amending s. 480.035, F.S.; 7
revising quorum requirements for the Board o f Massage 8
Therapy; amending s. 480.039, F.S.; authorizing 9
specified enforcement officers to perform inspections 10
and investigations of massage establishments for 11
specified purposes; requiring code enforcement 12
officers, and authorizing law enforcement office rs, to 13
submit affidavits with specified photos and other 14
evidence or documentation to the department within a 15
specified timeframe; requiring certain law enforcement 16
agencies to notify the department within a specified 17
timeframe after discovering certain vi olations by a 18
massage therapist or massage establishment; amending 19
s. 480.043, F.S.; requiring the board to adopt certain 20
rules; prohibiting sexual activity and certain devices 21
in massage establishments; specifying prohibited 22
conduct by massage establishme nt owners and employees; 23
providing requirements for outside windows and signs 24
in massage establishments; providing exceptions; 25
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providing employee dress code requirements; requiring 26
establishments to maintain certain employment records 27
in English or Spanish ; requiring specified information 28
to be recorded before an employee may provide services 29
or treatment; requiring massage establishments to 30
conspicuously display a photo and specified 31
information for each employee; providing that such 32
photos and information must be displayed before an 33
employee may provide services or treatment; providing 34
that massage establishments within public lodging 35
establishments may satisfy such requirements by 36
specified means; requiring massage establishments to 37
maintain customer and patient records for services and 38
treatment provided in the massage establishment in 39
English or Spanish; providing that medical records 40
satisfy such requirement if they contain specified 41
information; requirement massage establishments to 42
maintain such records for a specified timeframe; 43
requiring massage establishments to collect and record 44
specified information and confirm the identification 45
of a customer or patient before provision of services 46
or treatment; amending s. 480.0465, F.S.; revising 47
advertising requirements for massage therapists and 48
massage establishments; amending s. 480.0475, F.S.; 49
revising hours during which a massage establishment 50
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may operate; requiring all customer and patient 51
services and treatment to be performed within 52
specified hours; prohibiting establishments from 53
sheltering or harboring, or being used as sleeping 54
quarters for, any person; providing criminal 55
penalties; amending s. 480.0485, F.S.; specifying 56
additional conduct that constitute sexual misconduct 57
in the practice of massage therapy; amending s. 58
480.0535, F.S.; requiring department investigators to 59
request valid government identification from all 60
employees while in a massage establishment; specifying 61
additional documents a person operating a massage 62
establishment must immediat ely present, upon request, 63
to department investigators and law enforcement 64
officers; requiring the department to notify a federal 65
immigration office if specified persons fail to 66
provide valid government identification; amending s. 67
847.001, F.S.; revising t he definitions of the terms 68
"adult entertainment establishment" and "unlicensed 69
massage establishment" for purposes of certain 70
criminal conduct; providing appropriation s; providing 71
an effective date. 72
73
Be It Enacted by the Legislature of the State of Fl orida: 74
75
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Section 1. Subsection (4) of section 456.074, Florida 76
Statutes, is amended, and subsection (7) is added to that 77
section, to read: 78
456.074 Certain health care practitioners; immediate 79
suspension of license. — 80
(4) The department shall issue an emergency order 81
suspending the license of a massage therapist and or 82
establishment as those terms are defined in chapter 480 upon 83
receipt of information that the massage therapist, the 84
designated establishment manager as defined in chapter 480, an 85
employee of the establishment, a person with an ownership 86
interest in the establishment, or, for a corporation that has 87
more than $250,000 of business assets in this state, the owner, 88
officer, or individual directly involved in the management of 89
the establishment has been arrested for committing or 90
attempting, soliciting, or conspiring to commit, or convicted or 91
found guilty of, or has entered a plea of guilty or nolo 92
contendere to, regardless of adjudication, a violation of s. 93
796.07 s. 796.07(2)(a) which is recl assified under s. 796.07(7) 94
or a felony offense under any of the following provisions of 95
state law or a similar provision in another jurisdiction: 96
(a) Section 787.01, relating to kidnapping. 97
(b) Section 787.02, relating to false imprisonment. 98
(c) Section 787.025, relating to luring or enticing a 99
child. 100
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(d) Section 787.06, relating to human trafficking. 101
(e) Section 787.07, relating to human smuggling. 102
(f) Section 794.011, relating to sexual battery. 103
(g) Section 794.08, relating to female genita l mutilation. 104
(h) Former s. 796.03, relating to procuring a person under 105
the age of 18 for prostitution. 106
(i) Former s. 796.035, relating to the selling or buying 107
of minors into prostitution. 108
(j) Section 796.04, relating to forcing, compelling, or 109
coercing another to become a prostitute. 110
(k) Section 796.05, relating to deriving support from the 111
proceeds of prostitution. 112
(l) Section 796.07(4)(a)3., relating to a felony of the 113
third degree for a third or subsequent violation of s. 796.07, 114
relating to prohibiting prostitution and related acts. 115
(m) Section 800.04, relating to lewd or lascivious 116
offenses committed upon or in the presence of persons less than 117
16 years of age. 118
(n) Section 825.1025(2)(b), relating to lewd or lascivious 119
offenses committed upon or in the presence of an elderly or 120
disabled person. 121
(o) Section 827.071, relating to sexual performance by a 122
child. 123
(p) Section 847.0133, relating to the protection of 124
minors. 125
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(q) Section 847.0135, relating to computer pornography. 126
(r) Section 847.0138, relating to the transmission of 127
material harmful to minors to a minor by electronic device or 128
equipment. 129
(s) Section 847.0145, relating to the selling or buying of 130
minors. 131
(7) The department shall issue an emergency order 132
suspending the license of any licensee upon a finding of the 133
State Surgeon General that probable cause exists to believe that 134
the licensee has committed sexual misconduct as defined and 135
prohibited in s. 456.063(1), or the applicable practice act, and 136
that such violation constitutes an immediate danger to the 137
public. 138
Section 2. Subsections (1) through (6) and (7) through 139
(12) of section 480.033, Florida Statutes, are renumbered as 140
subsections (2) through (7) and (9) through (14), respectively, 141
present subsection (6) is amended, and new subsections (1) and 142
(8) and subsection (15) are added to that section, to read: 143
480.033 Definitions. —As used in this act: 144
(1) "Advertising medium" means any newspaper; airwave or 145
computer transmission; telephone directory listing o ther than an 146
in-column listing consisting only of a name, physical address, 147
and telephone number; business card; handbill; flyer; sign other 148
than a building directory listing all building tenants and their 149
room or suite numbers; or other form of written or electronic 150
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advertisement. 151
(7)(6) "Designated establishment manager" means a massage 152
therapist, a health care practitioner licensed under chapter 153
457, or a physician licensed under chapter 458, chapter 459, or 154
chapter 460 who holds a clear and active lic ense without 155
restriction, who is responsible for the operation of a massage 156
establishment in accordance with the provisions of this chapter, 157
and who is designated the manager by the rules or practices at 158
the establishment. 159
(8) For purposes of this chapte r only, "employee" means 160
any person, including an independent contractor or a lessee of 161
the massage establishment, whose duties involve any aspect of 162
the massage establishment regardless of whether such person is 163
compensated for the performance of such dut ies. The term does 164
not include a person exclusively engaged in the repair or 165
maintenance of the massage establishment or the delivery of 166
goods to the massage establishment. 167
(15) "Sexual activity" means any direct or indirect 168
contact by any employee or pe rson, or between any employees or 169
persons, with the intent to abuse, humiliate, harass, degrade, 170
or arouse, or gratify the sexual desire of, any employee or 171
person, or which is likely to cause such abuse, humiliation, 172
harassment, degradation, or arousal, o r sexual gratification: 173
(a) With or without the consent of the employee or person; 174
(b) With or without verbal or nonverbal communication that 175
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the sexual activity is undesired; 176
(c) With or without the use of any device or object; 177
(d) With or without the occurrence of penetration, orgasm, 178
or ejaculation; 179
(e) Including, but not limited to, intentional contact 180
with the genitalia, groin, femoral triangle, anus, buttocks, 181
gluteal cleft, breast or nipples, mouth, or tongue; and 182
(f) Including, but not l imited to, the intentional removal 183
of any drape without written specific informed consent of the 184
patient. 185
Section 3. Subsection (5) of section 480.035, Florida 186
Statutes, is amended to read: 187
480.035 Board of Massage Therapy. — 188
(5) The board shall hold such meetings during the year as 189
it may determine to be necessary, one of which shall be the 190
annual meeting. The chair of the board shall have the authority 191
to call other meetings at her or his discretion. A quorum of the 192
board shall consist of not less than a majority of the current 193
membership of the board four members. 194
Section 4. Section 480.039, Florida Statutes, is amended 195
to read: 196
480.039 Investigative services ; reporting.— 197
(1) The department shall provide all investig ative 198
services required in carrying out the provisions of this act. A 199
code enforcement officer may perform inspections regarding a 200
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massage establishment's compliance with s. 480.043(14)(a), (b), 201
and (c) and a law enforcement officer may perform inspections 202
and investigations regarding a massage establishment's 203
compliance with ss. 480.043(12) and (14)(a) -(f), 480.0465(3), 204
480.0475(1) and (2), and 480.0535. Code enforcement officers 205
shall, and law enforcement officers may, submit to the 206
department an executed affidavit with photos and any other 207
evidence or documentation obtained during the inspection or 208
investigation within 5 business days after the inspection or 209
investigation that finds there is a violation of s. 480.043(12) 210
or (14)(a), (b), (c), (d), (e), or (f), s. 480.0465(3), s. 211
480.0475(1) or (2), or s. 480.0535. For violations of s. 212
480.043(14)(a) or (f), s. 480.0465(3), s. 480.0475(2), or s. 213
480.0535, within 20 business days after receipt of such executed 214
affidavit, the department shall issue an emergen cy order 215
suspending the license of the massage establishment. For 216
violations of s. 480.043(12) or (14)(b), (c), (d), or (e) or s. 217
480.0475(1), within 30 business days after receipt of an 218
executed affidavit, the department shall inspect the massage 219
establishment to ensure the massage establishment's compliance 220
with this chapter, and if the massage establishment is not in 221
compliance with this chapter, the department shall initiate a 222
disciplinary proceeding. 223
(2) If a law enforcement officer arrests a massage 224
therapist for any violation of this chapter or determines that a 225
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massage establishment continues to operate following the 226
issuance of an emergency suspension or restriction by the 227
department, the officer' s employing law enforcement agency shall 228
notify the department within 5 business days after the arrest or 229
determination of unlawful continued operation. 230
Section 5. Subsection (14) of section 480.043, Florida 231
Statutes, is renumbered as subsection (15), subsection (3) and 232
present subsection (14) are amended, and a new subsection (14) 233
is added to that section, to read: 234
480.043 Massage establishments; requisites; licensure; 235
inspection; human trafficking awareness training and policies ; 236
prohibited acts.— 237
(3) The board shall adopt rules governing the operation of 238
establishments and their facilities, personnel, employees, 239
safety and sanitary requirements, financial responsibility, 240
insurance coverage, and the license application and granting 241
process. 242
(14)(a) Sexual activity in any massage establishment is 243
prohibited. An establishment owner or employee may not engage in 244
or allow any person to engage in sexual activity in the massage 245
establishment or use the establishment to make arrangements to 246
engage in sexual activity in another location. Prophylactic 247
devices are prohibited in a massage establishment. 248
(b) If there is an outside window or windows into the 249
massage establishment's reception area, the outside window or 250
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windows must allow for at least 35 perc ent light penetration, 251
and no more than 50 percent of the outside window or windows may 252
be obstructed with signage, blinds, curtains, or other 253
obstructions, thus allowing the public to see the massage 254
establishment's reception area. A sign must be posted o n the 255
front window of the massage establishment and include the name 256
of the massage establishment, its license number, and the 257
telephone number that has been provided to the department as 258
part of the licensing of the massage establishment. This 259
paragraph does not apply to a massage establishment within a 260
public lodging establishment as defined in s. 509.013(4). This 261
paragraph also does not apply to a massage establishment located 262
within a county or municipality that has an ordinance that 263
prescribes requirements related to business window light 264
penetration or signage limitations if compliance with this 265
paragraph would result in noncompliance with such ordinance. 266
(c) All employees within the massage establishment must be 267
fully clothed and such clothing must be fully opaque and made of 268
nontransparent material that does not expose the employee's 269
genitalia, undergarments, or lingerie. 270
(d) A massage establishment must maintain a complete set 271
of legible records in English or Spanish, which must include 272
each employee's start date of employment, full legal name, date 273
of birth, home address, telephone number, and employment 274
position and a copy of the employee's government identification 275
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required under s. 480.0535. All information required under this 276
paragraph must be recorded before the employee may provide any 277
service or treatment to a customer or patient. 278
(e) A massage establishment must conspicuously display a 279
2-inch by 2-inch photo for each employee, which, for massage 280
therapists, must be attached to the massag e therapist's license. 281
Such display must also include the employee's full legal name 282
and employment position. All information required under this 283
paragraph must be displayed before the employee may provide any 284
service or treatment to a customer or patient. A massage 285
establishment within a public lodging establishment as defined 286
in s. 509.013(4) may satisfy this requirement by displaying the 287
photos and required information in an employee break room or 288
other room that is used by employees but is not used by 289
customers or patients. 290
(f) A massage establishment must maintain a complete set 291
of legible records in English or Spanish, which must include the 292
date, time, and type of service or treatment provided; the full 293
legal name of the employee who provided the se rvice or 294
treatment; and the full legal name, home address, and telephone 295
number of the customer or patient. Medical records may satisfy 296
this requirement if the records include the specified 297
information. A copy of the customer's or patient's photo 298
identification may be used to provide the full legal name and 299
home address of the customer or patient. Records required under 300
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this paragraph must be maintained for at least 1 year after the 301
provision of the service or treatment. All information required 302
under this paragraph must be collected and recorded before the 303
provision of any service or treatment to a customer or patient. 304
The massage establishment must confirm the identification of the 305
customer or patient before the provision of any service or 306
treatment to the customer or patient. 307
(15)(14) Except for the requirements of subsection (13), 308
this section does not apply to a health care practitioner 309
physician licensed under chapter 457 or a physician licensed 310
under, chapter 458, chapter 459, or chapter 460 who empl oys a 311
licensed massage therapist to perform massage therapy on the 312
practitioner's or physician's patients at his or her the 313
physician's place of practice. This subsection does not restrict 314
investigations by the department for violations of chapter 456 315
or this chapter. 316
Section 6. Section 480.0465, Florida Statutes, is amended 317
to read: 318
480.0465 Advertisement ; prohibitions.— 319
(1) Each massage therapist or massage establishment 320
licensed under this act shall include the number of the license 321
in any advertisement of massage therapy services appearing in 322
any advertising medium, including a newspaper, airwave 323
transmission, telephone directory, Internet, or other 324
advertising medium. Pending licensure of a new massage 325
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establishment under s. 480.043(7), the lic ense number of a 326
licensed massage therapist who is an owner or principal officer 327
of the establishment may be used in lieu of the license number 328
for the establishment. The advertisement must also include the 329
physical address of the massage establishment and the telephone 330
number that has been provided to the department as part of the 331
licensing of the massage establishment. However, the inclusion 332
of the physical address and telephone number is not required for 333
an advertisement by a massage establishment whose establishment 334
owner operates more than five locations in this state. 335
(2) An establishment owner or employee may not place, 336
publish, or distribute, or cause to be placed, published, or 337
distributed, any advertisement in any advertising medium that 338
states prostitution services, escort services, or sexual 339
services are available. 340
(3) A massage therapist or a massage establishment or its 341
employees may not place, publish, or distribute, or cause to be 342
placed, published, or distributed, any online advertisement on 343
any website known for advertising prostitution services, escort 344
services, or sexual services. 345
Section 7. Section 480.0475, Florida Statutes, is amended 346
to read: 347
480.0475 Massage establishments; prohibited practices ; 348
penalties.— 349
(1) A massage establishment may only be operated person 350
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may not operate a massage establishment between the hours of 5 351
a.m. and midnight and all customer and patient services and 352
treatment must be performed between the hours of 5 a.m. and 10 353
p.m. This subsection does not apply to a massage establishment: 354
(a) Located on the premises of a health care facility as 355
defined in s. 408.07; a health care clinic as defined in s. 356
400.9905(4); a hotel, motel, or bed and breakfast inn, as those 357
terms are defined in s. 509.242; a time share property as defined 358
in s. 721.05; a public airport as defined in s. 330.27; or a 359
pari-mutuel facility as defined in s. 550.002; 360
(b) In which every massage performed between the hours of 361
10 p.m. midnight and 5 a.m. is performed by a massage therapis t 362
acting under the prescription of a physician or physician 363
assistant licensed under chapter 458, an osteopathic physician 364
or physician assistant licensed under chapter 459, a 365
chiropractic physician licensed under chapter 460, a podiatric 366
physician licensed under chapter 461, an advanced practice 367
registered nurse licensed under part I of chapter 464, or a 368
dentist licensed under chapter 466; or 369
(c) Operating during a special event if the county or 370
municipality in which the establishment operates has approv ed 371
such operation during the special event. 372
(2) A person operating a massage establishment may not use 373
or permit the establishment to be used as a principal domicile 374
for, to shelter or harbor, or as sleeping quarters for any 375
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person unless the establishme nt is zoned for residential use 376
under a local ordinance. 377
(3) A person violating the provisions of this section 378
commits a misdemeanor of the first degree, punishable as 379
provided in s. 775.082 or s. 775.083. A second or subsequent 380
violation of this section is a felony of the third degree, 381
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 382
Section 8. Section 480.0485, Florida Statutes, is amended 383
to read: 384
480.0485 Sexual misconduct in the practice of massage 385
therapy.—The massage therapist -patient relationship is founded 386
on mutual trust. Sexual misconduct in the practice of massage 387
therapy means violation of the massage therapist -patient 388
relationship through which the massage therapist uses that 389
relationship to induce or attempt to induce the patient to 390
engage, or to engage or attempt to engage the patient, in sexual 391
activity outside the scope of practice or the scope of generally 392
accepted examination or treatment of the patient. Sexual 393
misconduct in the practic e of massage therapy includes requiring 394
patient nudity as part of any massage service or any other 395
service in the massage establishment or the intentional removal 396
of any drape without the written specific informed consent of 397
the patient. Sexual misconduct in the practice of massage 398
therapy is prohibited. 399
Section 9. Section 480.0535, Florida Statutes, is amended 400
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to read: 401
480.0535 Documents required while working in a massage 402
establishment; penalties; reporting requirement .— 403
(1) In order to provide t he department and law enforcement 404
agencies the means to more effectively identify, investigate, 405
and arrest persons engaging in human trafficking, an employee a 406
person employed by a massage establishment and any person 407
performing massage therapy in a massage establishment therein 408
must immediately present, upon the request of an investigator of 409
the department or a law enforcement officer, valid government 410
identification while in the establishment. An investigator of 411
the department must request valid government identification from 412
all employees while in the establishment. A valid government 413
identification for the purposes of this section is: 414
(a) A valid, unexpired driver license issued by any state, 415
territory, or district of the United States; 416
(b) A valid, unexpired identification card issued by any 417
state, territory, or district of the United States; 418
(c) A valid, unexpired United States passport; 419
(d) A naturalization certificate issued by the United 420
States Department of Homeland Security; 421
(e) A valid, unexpired alien registration receipt card 422
(green card); or 423
(f) A valid, unexpired employment authorization card 424
issued by the United States Department of Homeland Security. 425
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(2) A person operating a massage est ablishment must: 426
(a) Immediately present, upon the request of an 427
investigator of the department or a law enforcement officer: 428
1. Valid government identification while in the 429
establishment. 430
2. A copy of the documentation specified in paragraph 431
(1)(a) for each employee and any person performing massage 432
therapy in the establishment. 433
3. A copy of the documents required under s. 434
480.043(14)(d) and (f). 435
(b) Ensure that each employee and any person performing 436
massage therapy in the massage establishment is able to 437
immediately present, upon the request of an investigator of the 438
department or a law enforcement officer, valid government 439
identification while in the establishment. 440
(3) A person who violates any provision of this section 441
commits: 442
(a) For a first violation, a misdemeanor of the second 443
degree, punishable as provided in s. 775.082 or s. 775.083. 444
(b) For a second violation, a misdemeanor of the first 445
degree, punishable as provided in s. 775.082 or s. 775.083. 446
(c) For a third or subsequent vio lation, a felony of the 447
third degree, punishable as provided in s. 775.082, s. 775.083, 448
or s. 775.084. 449
(4) The department shall notify a federal immigration 450
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office if a person operating a massage establishment, an 451
employee, or any person performing massa ge therapy in a massage 452
establishment fails to provide a valid government identification 453
as required under this section. 454
Section 10. Paragraph (d) of subsection (2) of section 455
847.001, Florida Statutes, is amended to read: 456
847.001 Definitions. —As used in this chapter, the term: 457
(2) "Adult entertainment establishment" means the 458
following terms as defined: 459
(d) "Unlicensed massage establishment" means any business 460
or enterprise that offers, sells, or provides, or that holds 461
itself out as offering, se lling, or providing, massages that 462
include bathing, physical massage, rubbing, kneading, anointing, 463
stroking, manipulating, or other tactile stimulation of the 464
human body by either male or female employees or attendants, 465
including employees or attendants w ho are massage therapists 466
licensed under s. 480.041, by hand or by any electrical or 467
mechanical device, on or off the premises. The term "unlicensed 468
massage establishment" does not include an establishment 469
licensed under s. 480.043 which routinely provides medical 470
services by state-licensed health care practitioners and massage 471
therapists licensed under s. 480.041. 472
Section 11. For the 2023-2024 fiscal year, eight full-time 473
equivalent positions with associated salary rate of 544,602 are 474
authorized and the sums of $837,992 in recurring and $38,712 in 475
CS/CS/HB 615 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0615-02-c2
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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
nonrecurring funds from the Medical Quality Assurance Trust Fund 476
are appropriated to the Department of Health for the purpose of 477
implementing this act . 478
Section 12. This act shall take effect July 1, 2023. 479