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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 health care practitioners and 2
massage therapy; amending s. 456.074, F.S.; 3
authorizing the Department of Health to immediately 4
suspend the license of certain health care 5
practitioners and massage establishments in certain 6
circumstances; amending s. 480.033, F.S.; revising and 7
providing definitions; amending s. 480.035, F.S.; 8
revising quorum requirements for the Board of Massage 9
Therapy; amending s. 480.043, F.S.; revising certain 10
rules the board is required to adopt; revising the 11
timeframe in which establishment owners must report 12
specified information to the department; prohibiting 13
sexual activity and certain devices in massage 14
establishments; specifying prohibited conduct by 15
establishment owners and employees; providing 16
requirements for outside windows and signs in massage 17
establishments; providing exceptions; providing 18
employee dress code requirements; requiring 19
establishments to maintain certain employment records 20
in English or Spanish; requiring that specified 21
information be recorded before an employee may provide 22
services or treatment; requiring massage 23
establishments to conspicuously display a photo and 24
specified information f or each employee; requiring 25
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that such photos and information be displayed before 26
an employee may provide services or treatment; 27
providing for such requirements in massage 28
establishments within public lodging establishments; 29
requiring massage establishments to maintain customer 30
and patient records for services and treatment 31
provided in the massage establishment in English or 32
Spanish; providing that medical records satisfy 33
certain requirements; requiring massage establishments 34
to maintain such records for a s pecified timeframe; 35
requiring massage establishments to collect and record 36
specified information; requiring massage 37
establishments to confirm the identification of a 38
customer or patient before providing services or 39
treatment; amending s. 480.0465, F.S.; re vising 40
advertising requirements for massage therapists and 41
massage establishments; amending s. 480.0475, F.S.; 42
prohibiting establishments from sheltering or 43
harboring, or being used as sleeping quarters for, any 44
person; amending s. 480.0535, F.S.; requirin g 45
Department of Health investigators to request valid 46
government identification from all employees while in 47
a massage establishment; specifying additional 48
documents a person operating a massage establishment 49
must immediately present, upon request, to depar tment 50
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investigators and law enforcement officers; requiring 51
the department to notify a federal immigration office 52
if specified persons fail to provide valid government 53
identification; amending s. 823.05, F.S.; conforming a 54
cross-reference; providing an eff ective date. 55
56
Be It Enacted by the Legislature of the State of Florida: 57
58
Section 1. Subsection (4) of section 456.074, Florida 59
Statutes, is amended, and subsection (7) is added to that 60
section, to read: 61
456.074 Certain health care practitioners; immediate 62
suspension of license. — 63
(4) The department shall issue an emergency order 64
suspending the license of a massage therapist and or 65
establishment as those terms are defined in chapter 480 upon 66
receipt of information that the massage therapist ;, the 67
designated establishment manager as defined in chapter 480; an 68
employee of the establishment; a person with an ownership 69
interest in the establishment ;, or, for a corporation that has 70
more than $250,000 of business assets in this state, the owner, 71
officer, or individual directly involved in the management of 72
the establishment has been arrested for committing or 73
attempting, soliciting, or conspiring to commit, or convicted or 74
found guilty of, or has entered a plea of guilty or nolo 75
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contendere to, regardless of adjudication, a violation of s. 76
796.07 s. 796.07(2)(a) which is reclassified under s. 796.07(7) 77
or a felony offense under any of the following provisions of 78
state law or a similar provision in another jurisdiction: 79
(a) Section 787.01, relating to kidn apping. 80
(b) Section 787.02, relating to false imprisonment. 81
(c) Section 787.025, relating to luring or enticing a 82
child. 83
(d) Section 787.06, relating to human trafficking. 84
(e) Section 787.07, relating to human smuggling. 85
(f) Section 794.011, rela ting to sexual battery. 86
(g) Section 794.08, relating to female genital mutilation. 87
(h) Former s. 796.03, relating to procuring a person under 88
the age of 18 for prostitution. 89
(i) Former s. 796.035, relating to the selling or buying 90
of minors into prostitution. 91
(j) Section 796.04, relating to forcing, compelling, or 92
coercing another to become a prostitute. 93
(k) Section 796.05, relating to deriving support from the 94
proceeds of prostitution. 95
(l) Section 796.07(4)(a)3., relating to a felony of the 96
third degree for a third or subsequent violation of s. 796.07, 97
relating to prohibiting prostitution and related acts. 98
(m) Section 800.04, relating to lewd or lascivious 99
offenses committed upon or in the presence of persons less than 100
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16 years of age. 101
(n) Section 825.1025(2)(b), relating to lewd or lascivious 102
offenses committed upon or in the presence of an elderly or 103
disabled person. 104
(o) Section 827.071, relating to sexual performance by a 105
child. 106
(p) Section 847.0133, relating to the protection of 107
minors. 108
(q) Section 847.0135, relating to computer pornography. 109
(r) Section 847.0138, relating to the transmission of 110
material harmful to minors to a minor by electronic device or 111
equipment. 112
(s) Section 847.0145, relating to the selling or buying of 113
minors. 114
(7) The department shall issue an emergency order 115
suspending the license of any licensee upon a finding of the 116
State Surgeon General that probable cause exists to believe that 117
the licensee has committed sexual misconduct as defined and 118
prohibited in s. 456.063(1), or the applicable practice act, and 119
that such violation constitutes an immediate danger to the 120
public. 121
Section 2. Subsections (1) through (6) of section 480.033, 122
Florida Statutes, are renumbered as subsections (2) through (7), 123
respectively, subsections (7) through (12), are renumbered as 124
subsections (9) through (14), respectively, present subsection 125
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(6) is amended, and new subsections (1), (8), and (15) are added 126
to that section, to read: 127
480.033 Definitions. —As used in this act: 128
(1) "Advertising medium" means any newspaper; airwave or 129
computer transmission; telephone directory listing, other than 130
an in-column listing consisting only of a name, physical 131
address, and telephone number; business card; handbill; flyer; 132
sign, other than a building directory listing all building 133
tenants and their room or suite numbers; or any other form of 134
written or electronic advertisement. 135
(7)(6) "Designated establishment manager" means a massage 136
therapist; a health care practitioner licensed under cha pter 137
457; or a physician licensed under chapter 458, chapter 459, or 138
chapter 460 who holds a clear and active license without 139
restriction, who is responsible for the operation of a massage 140
establishment in accordance with the provisions of this chapter, 141
and who is designated the manager by the rules or practices at 142
the establishment. 143
(8) "Employee" means any person, including independent 144
contractors or lessees of a massage establishment, whose duties 145
involve any aspect or capacity of the massage establish ment, 146
including preparing meals and cleaning regardless of whether 147
such person is compensated for the performance of such duties. 148
The term does not include a person who is: 149
(a) Exclusively engaged in the repair or maintenance of 150
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the massage establishment or the delivery of goods to the 151
establishment. 152
(b) Engaged in work at a clothing -optional location 153
properly licensed under general law or local law and chartered 154
with the American Association for Nude Recreation or The 155
Naturalist Society. 156
(15) "Sexual activity" means any direct or indirect 157
contact by any employee or person, or between any employees or 158
persons, with the intent to abuse, humiliate, harass, degrade, 159
or arouse, or gratify the sexual desire of, any employee or 160
person, or which is likely to cause such abuse, humiliation, 161
harassment, degradation, or arousal, or sexual gratification: 162
(a) With or without the consent of the employee or person. 163
(b) With or without verbal or nonverbal communication that 164
the sexual activity is undesired. 165
(c) With or without the use of any device or object. 166
(d) With or without the occurrence of penetration, orgasm, 167
or ejaculation. 168
(e) Including, but not limited to, intentional contact 169
with the genitalia, groin, femoral triangle, anus, buttocks, 170
gluteal cleft, breast or nipples, mouth, or tongue. 171
(f) Including, but not limited to, the intentional removal 172
of any drape without specific written informed consent of the 173
patient. 174
Section 3. Subsection (5) of section 480.035, Florida 175
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Statutes, is amended to rea d: 176
480.035 Board of Massage Therapy. — 177
(5) The board shall hold such meetings during the year as 178
it may determine to be necessary, one of which shall be the 179
annual meeting. The chair of the board shall have the authority 180
to call other meetings at her or his discretion. A quorum of the 181
board shall consist of not less than a majority of the current 182
membership of the board four members. 183
Section 4. Subsection (14) of section 480.043, Florida 184
Statutes, is renumbered as subsection (15), subsection (3) and 185
present subsection (14) are amended, and a new subsection (14) 186
is added to that section, to read: 187
480.043 Massage establishments; requisites; licensure; 188
inspection; human trafficking awareness training and policies. — 189
(3) The board shall adopt rules governing the operation of 190
establishments and their facilities, employees personnel, safety 191
and sanitary requirements, financial responsibility, insurance 192
coverage, and the license application and granting process. 193
(14) In order to provide the department and law 194
enforcement agencies the means to more effectively identify 195
persons engaging in human trafficking at massage establishments, 196
the following apply: 197
(a) Sexual activity in a massage establishment is 198
prohibited. An establishment owner or employee may not engage in 199
or allow any person to engage in sexual activity in the 200
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establishment or use the establishment to make arrangements to 201
engage in sexual activity in another location. Used or unused 202
condoms are prohibited in a massage establishment. 203
(b) If there is an outside window or windows into the 204
massage establishment's reception area, the outside window or 205
windows must allow for at least 35 percent light penetration and 206
no more than 50 percent of the outside window or windows may be 207
obstructed with signage, blinds, curtains, or other 208
obstructions, allowing the public to see the establishment's 209
reception area. A sign must be posted on the front window of the 210
establishment that includes the name and license number of the 211
massage establishment and the telephone number that has been 212
provided to the department as part of licensure of the 213
establishment. This paragraph does not apply to: 214
1. A massage establishment within a public lodging 215
establishment as defined in s. 509.01 3(4). 216
2. A massage establishment located within a county or 217
municipality that has an ordinance that prescribes requirements 218
related to business window light penetration or signage 219
limitations if compliance with this paragraph would result in 220
noncompliance with such ordinance. 221
(c) All employees within the massage establishment must be 222
fully clothed and such clothing must be fully opaque and made of 223
nontransparent material that does not expose the employee's 224
genitalia. 225
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(d) A massage establishment must m aintain a complete set 226
of legible records in English or Spanish, which must include 227
each employee's start date of employment, full legal name, date 228
of birth, home address, telephone number, and employment 229
position and a copy of the employee's government id entification 230
required under s. 480.0535. All information required under this 231
paragraph must be recorded before the employee may provide any 232
service or treatment to a client or patient. 233
(e) A massage establishment must conspicuously display a 2 234
inch by 2 inch photo for each employee, which, for massage 235
therapists, must be attached to the massage therapist's license. 236
Such display must also include the employee's full legal name 237
and employment position. All information required under this 238
paragraph must be displayed before the employee may provide any 239
service or treatment to a client or patient. A massage 240
establishment within a public lodging establishment as defined 241
in s. 509.013(4) may satisfy this requirement by displaying the 242
photos and required informati on in an employee break room or 243
other room that is used by employees, but is not used by clients 244
or patients. 245
(f) A massage establishment must maintain a complete set 246
of legible records in English or Spanish, which must include the 247
date, time, and type o f service or treatment provided; the full 248
legal name of the employee who provided the service or 249
treatment; and the full legal name, home address, and telephone 250
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number of the client or patient. Medical records may satisfy 251
this requirement if the records in clude the specified 252
information. A copy of the client's or patient's photo 253
identification may be used to provide the full legal name and 254
home address of the client or patient. Records required under 255
this paragraph must be maintained for at least 1 year aft er a 256
service or treatment is provided. All information required under 257
this paragraph must be collected and recorded before any service 258
or treatment is provided to a client or patient. The 259
establishment must confirm the identification of the client or 260
patient before any service or treatment is provided to the 261
client or patient. 262
(15)(14) Except for the requirements of subsection (13), 263
this section does not apply to a practitioner physician licensed 264
under chapter 457 or a physician licensed under , chapter 458, 265
chapter 459, or chapter 460 who employs a licensed massage 266
therapist to perform massage therapy on the practitioner's or 267
physician's patients at her or his the physician's place of 268
practice. This subsection does not restrict investigations by 269
the department for violations of chapter 456 or this chapter. 270
Section 5. Section 480.0465, Florida Statutes, is amended 271
to read: 272
480.0465 Advertisement ; prohibitions.— 273
(1) Each massage therapist or massage establishment 274
licensed under this act sha ll include the number of the license 275
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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
in any advertisement of massage therapy services appearing in 276
any advertising medium, including a newspaper, airwave 277
transmission, telephone directory, Internet, or other 278
advertising medium. Pending licensure of a new m assage 279
establishment under s. 480.043(7), the license number of a 280
licensed massage therapist who is an owner or principal officer 281
of the establishment may be used in lieu of the license number 282
for the establishment. The advertisement must also include the 283
physical address of the massage establishment and the telephone 284
number that has been provided to the department as part of the 285
licensing of the establishment. However, the inclusion of the 286
physical address and telephone number is not required for an 287
advertisement by a massage establishment whose establishment 288
owner operates more than five locations in this state. 289
(2) A massage therapist, an establishment owner, an 290
employee, or any third party directed by the establishment owner 291
or employee, may not place, publish, or distribute, or cause to 292
be placed, published, or distributed, any advertisement in any 293
advertising medium which states prostitution services, escort 294
services, or sexual services are available. 295
(3) A massage therapist, an establishment owner, an 296
employee, or any third party directed by the massage therapist, 297
establishment owner, or employee may not place, publish, or 298
distribute, or cause to be placed, published, or distributed, 299
any online advertisement on any website known for advertising 300
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prostitution services, escort services, or sexual services. 301
Section 6. Subsection (2) of section 480.0475, Florida 302
Statutes, is amended to read: 303
480.0475 Massage establishments; prohibited practices. — 304
(2) A person operating a massage establishment may not use 305
or permit the establishment to be used as a principal domicile 306
for, to shelter or harbor, or as sleeping or napping quarters 307
for any person unless the establishment is zoned for residential 308
use under a local ordinance. 309
Section 7. Section 480.05 35, Florida Statutes, is amended 310
to read: 311
480.0535 Documents required while working in a massage 312
establishment; penalties; reporting .— 313
(1) In order to provide the department and law enforcement 314
agencies the means to more effectively identify, investiga te, 315
and arrest persons engaging in human trafficking, an employee a 316
person employed by a massage establishment and any person 317
performing massage therapy in a massage establishment therein 318
must immediately present, upon the request of an investigator of 319
the department or a law enforcement officer, valid government 320
identification while in the establishment. An investigator of 321
the department must request valid government identification from 322
all employees while in the establishment. A valid government 323
identification for the purposes of this section is: 324
(a) A valid, unexpired driver license issued by any state, 325
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territory, or district of the United States; 326
(b) A valid, unexpired identification card issued by any 327
state, territory, or district of the United Stat es; 328
(c) A valid, unexpired United States passport; 329
(d) A naturalization certificate issued by the United 330
States Department of Homeland Security; 331
(e) A valid, unexpired alien registration receipt card 332
(green card); or 333
(f) A valid, unexpired employme nt authorization card 334
issued by the United States Department of Homeland Security. 335
(2) A person operating a massage establishment must: 336
(a) Immediately present, upon the request of an 337
investigator of the department or a law enforcement officer: 338
1. Valid government identification while in the 339
establishment. 340
2. A copy of the documentation specified in paragraph 341
(1)(a) for each employee and any person performing massage 342
therapy in the establishment. 343
3. A copy of the documents required under s. 344
480.043(14)(d) and (f). 345
(b) Ensure that each employee and any person performing 346
massage therapy in the massage establishment is able to 347
immediately present, upon the request of an investigator of the 348
department or a law enforcement officer, valid governm ent 349
identification while in the establishment. 350
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(3) A person who violates any provision of this section 351
commits: 352
(a) For a first violation, a misdemeanor of the second 353
degree, punishable as provided in s. 775.082 or s. 775.083. 354
(b) For a second violat ion, a misdemeanor of the first 355
degree, punishable as provided in s. 775.082 or s. 775.083. 356
(c) For a third or subsequent violation, a felony of the 357
third degree, punishable as provided in s. 775.082, s. 775.083, 358
or s. 775.084. 359
(4) The department shall notify a federal immigration 360
office if a person operating a massage establishment, an 361
employee, or any person performing massage therapy in a massage 362
establishment fails to provide valid government identification 363
as required under this section. 364
Section 8. Subsection (3) of section 823.05, Florida 365
Statutes, is amended to read: 366
823.05 Places and groups engaged in certain activities 367
declared a nuisance; abatement and enjoinment. — 368
(3) A massage establishment as defined in s. 480.033 which 369
operates in violation of s. 480.043(14)(a) or (f), s. 480.0475, 370
or s. 480.0535(2) is declared a nuisance and may be abated or 371
enjoined as provided in ss. 60.05 and 60.06. 372
Section 9. This act shall take effect July 1, 2024. 373