Florida Senate - 2024 SB 896 By Senator Martin 33-00545A-24 2024896__ 1 A bill to be entitled 2 An act relating to health care practitioners and 3 massage therapy; amending s. 456.026, F.S.; requiring 4 that a certain annual report required of the 5 Department of Health include specified data; amending 6 s. 456.074, F.S.; requiring the department to 7 immediately suspend the license of massage therapists 8 and massage establishments under certain 9 circumstances; requiring the department to suspend the 10 license of any person or entity under its jurisdiction 11 under certain circumstances; amending s. 480.033, 12 F.S.; revising and providing definitions; amending s. 13 480.035, F.S.; revising quorum requirements for the 14 Board of Massage Therapy; amending s. 480.043, F.S.; 15 revising certain rules the board is required to adopt; 16 prohibiting sexual activity and certain related 17 activities in massage establishments; specifying 18 prohibited conduct by establishment owners and 19 employees; providing requirements for outside windows 20 and signs in massage establishments; providing 21 exceptions; providing employee dress code 22 requirements, with an exception; requiring 23 establishments to maintain certain employment records 24 in English or Spanish; requiring that specified 25 information be recorded before an employee may provide 26 services or treatment; requiring massage 27 establishments to conspicuously display a photo and 28 specified information for each employee; requiring 29 that such photos and information be displayed before 30 an employee may provide services or treatment; 31 providing for such requirements in massage 32 establishments within public lodging establishments; 33 requiring massage establishments to maintain customer 34 and patient records for services and treatment 35 provided in the massage establishment in English or 36 Spanish; providing that medical records satisfy 37 certain requirements; requiring massage establishments 38 to maintain such records for a specified timeframe; 39 requiring massage establishments to collect and record 40 specified information; requiring massage 41 establishments to confirm the identification of a 42 customer or patient before providing services or 43 treatment; amending s. 480.0465, F.S.; revising 44 advertising requirements and prohibitions for massage 45 therapists and massage establishments; amending s. 46 480.0475, F.S.; prohibiting establishments from being 47 used as a temporary domicile for, to shelter or 48 harbor, or as sleeping quarters for any person, with 49 an exception; amending s. 480.0535, F.S.; requiring 50 the departments investigators to request valid 51 government identification from all employees while in 52 a massage establishment; specifying additional 53 documents a person operating a massage establishment 54 must immediately present, upon request, to department 55 investigators and law enforcement officers; requiring 56 the department to notify a federal immigration office 57 if specified persons in a massage establishment fail 58 to provide valid government identification; amending 59 s. 823.05, F.S.; providing criminal penalties; 60 providing an effective date. 61 62 Be It Enacted by the Legislature of the State of Florida: 63 64 Section 1.Section 456.026, Florida Statutes, is amended to 65 read: 66 456.026Annual report concerning finances, administrative 67 complaints, disciplinary actions, and recommendations. 68 (1)The department is directed to prepare and submit a 69 report to the President of the Senate and the Speaker of the 70 House of Representatives by November 1 of each year. In addition 71 to finances and any other information the Legislature may 72 require, the report must shall include statistics and relevant 73 information, profession by profession, detailing: 74 (a)(1)The revenues, expenditures, and cash balances for 75 the prior year, and a review of the adequacy of existing fees. 76 (b)(2)The number of complaints received and investigated. 77 (c)(3)The number of findings of probable cause made. 78 (d)(4)The number of findings of no probable cause made. 79 (e)(5)The number of administrative complaints filed. 80 (f)(6)The disposition of all administrative complaints. 81 (g)(7)A description of disciplinary actions taken. 82 (h)(8)A description of any effort by the department to 83 reduce or otherwise close any investigation or disciplinary 84 proceeding not before the Division of Administrative Hearings 85 under chapter 120 or otherwise not completed within 1 year after 86 the initial filing of a complaint under this chapter. 87 (i)(9)The status of the development and implementation of 88 rules providing for disciplinary guidelines pursuant to s. 89 456.079. 90 (j)(10)Such recommendations for administrative and 91 statutory changes necessary to facilitate efficient and cost 92 effective operation of the department and the various boards. 93 (2)The report must separately categorize all complaints, 94 investigations, probable cause findings, and disciplinary 95 actions against a massage therapist or massage establishment 96 licensed under chapter 480 related to a violation of each of the 97 following: 98 (a)Section 480.043(12). 99 (b)Section 480.043(13). 100 (c)Section 480.043(14)(a)-(f). 101 (d)Section 480.0465. 102 (e)Section 480.0475. 103 (f)Section 480.0485. 104 (g)Section 480.0535. 105 Section 2.Subsection (4) of section 456.074, Florida 106 Statutes, is amended, and subsection (7) is added to that 107 section, to read: 108 456.074Certain health care practitioners; immediate 109 suspension of license. 110 (4)The department shall issue an emergency order 111 suspending the license of a massage therapist and or 112 establishment as those terms are defined in s. 480.033 chapter 113 480 upon receipt of information that the massage therapist; the 114 designated establishment manager as defined in s. 480.033; an 115 employee of the establishment;, a person with an ownership 116 interest in the establishment;, or, for a corporation that has 117 more than $250,000 of business assets in this state, the owner, 118 officer, or individual directly involved in the management of 119 the establishment has been arrested for committing or 120 attempting, soliciting, or conspiring to commit, has been 121 convicted or found guilty of, or has entered a plea of guilty or 122 nolo contendere to, regardless of adjudication, a violation of 123 s. 796.07 s. 796.07(2)(a) which is reclassified under s. 124 796.07(7) or a felony offense under any of the following 125 provisions of state law or a similar provision in another 126 jurisdiction: 127 (a)Section 787.01, relating to kidnapping. 128 (b)Section 787.02, relating to false imprisonment. 129 (c)Section 787.025, relating to luring or enticing a 130 child. 131 (d)Section 787.06, relating to human trafficking. 132 (e)Section 787.07, relating to human smuggling. 133 (f)Section 794.011, relating to sexual battery. 134 (g)Section 794.08, relating to female genital mutilation. 135 (h)Former s. 796.03, relating to procuring a person under 136 the age of 18 for prostitution. 137 (i)Former s. 796.035, relating to the selling or buying of 138 minors into prostitution. 139 (j)Section 796.04, relating to forcing, compelling, or 140 coercing another to become a prostitute. 141 (k)Section 796.05, relating to deriving support from the 142 proceeds of prostitution. 143 (l)Section 796.07(4)(a)3., relating to a felony of the 144 third degree for a third or subsequent violation of s. 796.07, 145 relating to prohibiting prostitution and related acts. 146 (m)Section 800.04, relating to lewd or lascivious offenses 147 committed upon or in the presence of persons less than 16 years 148 of age. 149 (n)Section 825.1025(2)(b), relating to lewd or lascivious 150 offenses committed upon or in the presence of an elderly or 151 disabled person. 152 (o)Section 827.071, relating to sexual performance by a 153 child. 154 (p)Section 847.0133, relating to the protection of minors. 155 (q)Section 847.0135, relating to computer pornography. 156 (r)Section 847.0138, relating to the transmission of 157 material harmful to minors to a minor by electronic device or 158 equipment. 159 (s)Section 847.0145, relating to the selling or buying of 160 minors. 161 (7)The department shall issue an emergency order 162 suspending the license of any licensee upon a finding of the 163 State Surgeon General that probable cause exists to believe that 164 the licensee has committed sexual misconduct as described and 165 prohibited in s. 456.063(1), or the applicable practice act, and 166 that such violation constitutes an immediate danger to the 167 public. 168 Section 3.Present subsections (1) through (6) and (7) 169 through (12) of section 480.033, Florida Statutes, are 170 redesignated as subsections (2) through (7) and (9) through 171 (14), respectively, new subsections (1) and (8) and subsection 172 (15) are added to that section, and present subsection (6) of 173 that section is amended, to read: 174 480.033Definitions.As used in this act: 175 (1)Advertising medium means any newspaper; airwave or 176 computer transmission; telephone directory listing, other than 177 an in-column listing consisting only of a name, physical 178 address, and telephone number; business card; handbill; flyer; 179 sign, other than a building directory listing all building 180 tenants and their room or suite numbers; or any other form of 181 written or electronic advertisement. 182 (7)(6)Designated establishment manager means a massage 183 therapist; a health care practitioner licensed under chapter 184 457; or a physician licensed under chapter 458, chapter 459, or 185 chapter 460 who holds a clear and active license without 186 restriction, who is responsible for the operation of a massage 187 establishment in accordance with the provisions of this chapter, 188 and who is designated the manager by the rules or practices at 189 the establishment. 190 (8)Employee means any person, including, but not limited 191 to, independent contractors or lessees of a massage 192 establishment, whose duties involve any aspect or capacity of 193 the massage establishment, including, but not limited to, 194 preparing meals and cleaning, regardless of whether such person 195 is compensated for the performance of such duties. The term does 196 not include a person who is exclusively engaged in the repair or 197 maintenance of the massage establishment or in the delivery of 198 goods to the establishment. 199 (15)Sexual activity means any direct or indirect contact 200 by any employee or person, or between any employees or persons, 201 with the intent to abuse, humiliate, harass, degrade, or arouse, 202 or gratify the sexual desire of, any employee or person, or 203 which is likely to cause such abuse, humiliation, harassment, 204 degradation, arousal, or sexual gratification: 205 (a)With or without the consent of the employee or person. 206 (b)With or without verbal or nonverbal communication that 207 the sexual activity is undesired. 208 (c)With or without the use of any device or object. 209 (d)With or without the occurrence of penetration, orgasm, 210 or ejaculation. 211 212 The term includes, but is not limited to, intentional contact 213 with the genitalia, groin, femoral triangle, anus, buttocks, 214 gluteal cleft, breast or nipples, mouth, or tongue and the 215 intentional removal of any drape without specific written 216 informed consent of the patient. 217 Section 4.Subsection (5) of section 480.035, Florida 218 Statutes, is amended to read: 219 480.035Board of Massage Therapy. 220 (5)The board shall hold such meetings during the year as 221 it may determine to be necessary, one of which shall be the 222 annual meeting. The chair of the board shall have the authority 223 to call other meetings at her or his discretion. A quorum of the 224 board shall consist of not less than a majority of the current 225 membership of the board four members. 226 Section 5.Present subsection (14) of section 480.043, 227 Florida Statutes, is redesignated as subsection (15), a new 228 subsection (14) is added to that section, and subsection (3) and 229 present subsection (14) of that section are amended, to read: 230 480.043Massage establishments; requisites; licensure; 231 inspection; human trafficking awareness training and policies. 232 (3)The board shall adopt rules governing the operation of 233 massage establishments and their facilities, employees 234 personnel, safety and sanitary requirements, financial 235 responsibility, insurance coverage, and the license application 236 and granting process. 237 (14)In order to provide the department and law enforcement 238 agencies the means to more effectively identify persons engaging 239 in human trafficking at massage establishments, the following 240 apply: 241 (a)Sexual activity in a massage establishment is 242 prohibited. An establishment owner or employee may not engage in 243 or allow any person to engage in sexual activity in the 244 establishment or use the establishment to make arrangements to 245 engage in sexual activity in another location. Used or unused 246 condoms are prohibited in a massage establishment. 247 (b)If there is an outside window or windows into the 248 massage establishments reception area, the outside window or 249 windows must allow for at least 35 percent light penetration, 250 and no more than 50 percent of the outside window or windows may 251 be obstructed with signage, blinds, curtains, or other 252 obstructions, allowing the public to see the establishments 253 reception area. A sign must be posted on the front window of the 254 establishment that includes the name and license number of the 255 massage establishment and the telephone number that has been 256 provided to the department as part of licensure of the 257 establishment. This paragraph does not apply to: 258 1.A massage establishment within a public lodging 259 establishment as defined in s. 509.013(4). 260 2.A massage establishment located within a county or 261 municipality that has an ordinance that prescribes requirements 262 related to business window light penetration or signage 263 limitations if compliance with this paragraph would result in 264 noncompliance with such ordinance. 265 (c)All employees within the massage establishment must be 266 fully clothed, and such clothing must be fully opaque and made 267 of nontransparent material that does not expose the employees 268 genitalia. This requirement does not apply to an employee, 269 excluding a massage therapist, of a public lodging establishment 270 as defined in s. 509.013(4) which is licensed as a clothing 271 optional establishment and chartered with the American 272 Association for Nude Recreation. 273 (d)A massage establishment must maintain a complete set of 274 legible records in English or Spanish, which must include each 275 employees start date of employment, full legal name, date of 276 birth, home address, telephone number, and employment position 277 and a copy of the employees government identification required 278 under s. 480.0535. All information required under this paragraph 279 must be recorded before the employee may provide any service or 280 treatment to a client or patient. 281 (e)A massage establishment must conspicuously display a 2 282 inch by 2 inch photo for each employee, which, for massage 283 therapists, must be attached to the massage therapists license. 284 Such display must also include the employees full legal name 285 and employment position. All information required under this 286 paragraph must be displayed before the employee may provide any 287 service or treatment to a client or patient. A massage 288 establishment within a public lodging establishment as defined 289 in s. 509.013(4) may satisfy this requirement by displaying the 290 photos and required information in an employee break room or 291 other room that is used by employees, but is not used by clients 292 or patients. 293 (f)A massage establishment must maintain a complete set of 294 legible records in English or Spanish which must include the 295 date, time, and type of service or treatment provided; the full 296 legal name of the employee who provided the service or 297 treatment; and the full legal name, home address, and telephone 298 number of the client or patient. Medical records may satisfy 299 this requirement if the records include the specified 300 information. A copy of the clients or patients photo 301 identification may be used to provide the full legal name and 302 home address of the client or patient. Records required under 303 this paragraph must be maintained for at least 1 year after a 304 service or treatment is provided. All information required under 305 this paragraph must be collected and recorded before any service 306 or treatment is provided to a client or patient. The 307 establishment must confirm the identification of the client or 308 patient before any service or treatment is provided to the 309 client or patient. 310 (15)(14)Except for the requirements of subsection (13), 311 this section does not apply to a practitioner physician licensed 312 under chapter 457 or a physician licensed under, chapter 458, 313 chapter 459, or chapter 460 who employs a licensed massage 314 therapist to perform massage therapy on the practitioners or 315 physicians patients at his or her the physicians place of 316 practice. This subsection does not restrict investigations by 317 the department for violations of chapter 456 or this chapter. 318 Section 6.Section 480.0465, Florida Statutes, is amended 319 to read: 320 480.0465Advertisement; prohibitions. 321 (1)Each massage therapist or massage establishment 322 licensed under this act shall include the number of the license 323 in any advertisement of massage therapy services appearing in 324 any advertising medium, including, but not limited to, a 325 newspaper, airwave transmission, telephone directory, Internet, 326 or other advertising medium. The advertisement must also include 327 the physical address of the massage establishment and the 328 telephone number that has been provided to the department as 329 part of the licensing of the establishment. However, the 330 inclusion of the physical address and telephone number is not 331 required for an advertisement by a massage establishment whose 332 establishment owner operates more than five locations in this 333 state. 334 (2)A massage therapist, an establishment owner, an 335 employee, or any third party directed by the establishment owner 336 or employee may not place, publish, or distribute, or cause to 337 be placed, published, or distributed, any advertisement in any 338 advertising medium which states prostitution services, escort 339 services, or sexual services are available. 340 (3)A massage therapist, an establishment owner, an 341 employee, or any third party directed by the massage therapist, 342 establishment owner, or employee may not place, publish, or 343 distribute, or cause to be placed, published, or distributed, 344 any online advertisement on any website known for advertising 345 prostitution services, escort services, or sexual services 346 Pending licensure of a new massage establishment under s. 347 480.043(7), the license number of a licensed massage therapist 348 who is an owner or principal officer of the establishment may be 349 used in lieu of the license number for the establishment. 350 Section 7.Subsection (2) of section 480.0475, Florida 351 Statutes, is amended to read: 352 480.0475Massage establishments; prohibited practices. 353 (2)A person operating a massage establishment may not use 354 or permit the establishment to be used as a principal or 355 temporary domicile for, to shelter or harbor, or as sleeping or 356 napping quarters for any person unless the establishment is 357 zoned for residential use under a local ordinance. 358 Section 8.Section 480.0535, Florida Statutes, is amended 359 to read: 360 480.0535Documents required while working in a massage 361 establishment; penalties; reporting. 362 (1)In order to provide the department and law enforcement 363 agencies the means to more effectively identify, investigate, 364 and arrest persons engaging in human trafficking, an employee a 365 person employed by a massage establishment and any person 366 performing massage therapy in a massage establishment therein 367 must immediately present, upon the request of an investigator of 368 the department or a law enforcement officer, valid government 369 identification while in the establishment. An investigator of 370 the department must request valid government identification from 371 all employees while in the establishment. A valid government 372 identification for the purposes of this section is: 373 (a)A valid, unexpired driver license issued by any state, 374 territory, or district of the United States; 375 (b)A valid, unexpired identification card issued by any 376 state, territory, or district of the United States; 377 (c)A valid, unexpired United States passport; 378 (d)A naturalization certificate issued by the United 379 States Department of Homeland Security; 380 (e)A valid, unexpired alien registration receipt card 381 (green card); or 382 (f)A valid, unexpired employment authorization card issued 383 by the United States Department of Homeland Security. 384 (2)A person operating a massage establishment must: 385 (a)Immediately present, upon the request of an 386 investigator of the department or a law enforcement officer: 387 1.Valid government identification while in the 388 establishment. 389 2.A copy of the documentation specified in paragraph 390 (1)(a) for each employee and any person performing massage 391 therapy in the establishment. 392 3.A copy of the documents required under s. 480.043(14)(d) 393 and (f). 394 (b)Ensure that each employee and any person performing 395 massage therapy in the massage establishment is able to 396 immediately present, upon the request of an investigator of the 397 department or a law enforcement officer, valid government 398 identification while in the establishment. 399 (3)A person who violates any provision of this section 400 commits: 401 (a)For a first violation, a misdemeanor of the second 402 degree, punishable as provided in s. 775.082 or s. 775.083. 403 (b)For a second violation, a misdemeanor of the first 404 degree, punishable as provided in s. 775.082 or s. 775.083. 405 (c)For a third or subsequent violation, a felony of the 406 third degree, punishable as provided in s. 775.082, s. 775.083, 407 or s. 775.084. 408 (4)The department shall notify a federal immigration 409 office if a person operating a massage establishment, an 410 employee, or any person performing massage therapy in a massage 411 establishment fails to provide valid government identification 412 as required under this section. 413 Section 9.Subsection (3) of section 823.05, Florida 414 Statutes, is amended to read: 415 823.05Places and groups engaged in certain activities 416 declared a nuisance; abatement and enjoinment. 417 (3)A massage establishment as defined in s. 480.033 which 418 operates in violation of s. 480.043(14)(a) or (f), s. 480.0475, 419 or s. 480.0535(2) is declared a nuisance and may be abated or 420 enjoined as provided in ss. 60.05 and 60.06. 421 Section 10.This act shall take effect July 1, 2024.