| 1 | A bill to be entitled | 
| 2 | An act relating to human trafficking; creating s.  | 
| 3 | 480.0535, F.S.; specifying documents that must be  | 
| 4 | possessed by each person providing or offering to provide  | 
| 5 | massage services in certain circumstances; requiring  | 
| 6 | presentation of such documents upon request of a law  | 
| 7 | enforcement officer; requiring operators of massage  | 
| 8 | establishments to maintain valid work authorization  | 
| 9 | documents on the premises for each employee who is not a  | 
| 10 | United States citizen; requiring presentation of such  | 
| 11 | documents upon request of a law enforcement officer;  | 
| 12 | prohibiting a person from providing or offering to provide  | 
| 13 | massage services without possession of a license and  | 
| 14 | specified documentation; prohibiting the use of a massage  | 
| 15 | establishment license for the purpose of lewdness,  | 
| 16 | assignation, or prostitution; providing criminal  | 
| 17 | penalties; providing an effective date. | 
| 18 | 
  | 
| 19 | Be It Enacted by the Legislature of the State of Florida: | 
| 20 | 
  | 
| 21 |      Section 1.  Section 480.0535, Florida Statutes, is created  | 
| 22 | to read: | 
| 23 |      480.0535  Documents required while offering or providing  | 
| 24 | massage services.- | 
| 25 |      (1)  To provide law enforcement the means to more  | 
| 26 | effectively identify, investigate, and arrest persons engaging  | 
| 27 | in human trafficking as defined in s. 787.06 or prostitution as  | 
| 28 | proscribed by chapter 796 by the fraudulent or valid use of a  | 
| 29 | license to practice massage therapy or operate a massage  | 
| 30 | establishment: | 
| 31 |      (a)  Each person providing or offering to provide massage  | 
| 32 | services for compensation or on behalf of a massage  | 
| 33 | establishment or for any business must have in his or her  | 
| 34 | possession, and it is unlawful to provide or offer to provide  | 
| 35 | massage services without, a wallet-size identification license  | 
| 36 | card or wall license card issued by the Department of Health  | 
| 37 | pursuant to s. 456.013, plus one of the following documents  | 
| 38 | specifically issued to such person: | 
| 39 |      1.  A current driver's license or identification card  | 
| 40 | issued by a state. | 
| 41 |      2.  A valid passport issued by the United States of  | 
| 42 | America. | 
| 43 |      3.  A valid I-551 permanent resident card. | 
| 44 |      4.  A valid employment authorization document. | 
| 45 |      (b)  Upon request by a law enforcement officer, each person  | 
| 46 | providing or offering to provide massage services for  | 
| 47 | compensation or on behalf of a massage establishment or for any  | 
| 48 | business must present the wallet-size identification license  | 
| 49 | card or wall license card issued in his or her name by the  | 
| 50 | Department of Health pursuant to s. 456.013, plus one of the  | 
| 51 | additional documents specified in paragraph (a). | 
| 52 |      (2)(a)  Any person, firm, or corporation operating a  | 
| 53 | massage establishment pursuant to s. 480.043 shall maintain, and  | 
| 54 | it is unlawful to operate a massage establishment without, a  | 
| 55 | valid work authorization document on the premises for each  | 
| 56 | employee who is not a United States citizen. Valid work  | 
| 57 | authorization documents for an employee who is not a United  | 
| 58 | States citizen include: | 
| 59 |      1.  A valid I-551 permanent resident card. | 
| 60 |      2.  A valid employment authorization document. | 
| 61 |      (b)  Upon request by a law enforcement officer, any person,  | 
| 62 | firm, or corporation operating a massage establishment must  | 
| 63 | present one of the documents specified in paragraph (a) for each  | 
| 64 | employee who is not a United States citizen. | 
| 65 |      (3)  A person may not offer or provide massage services for  | 
| 66 | compensation or on behalf of a massage establishment or for any  | 
| 67 | business without being in possession of a valid wallet-size  | 
| 68 | identification license card or wall license card issued in his  | 
| 69 | or her name by the Department of Health pursuant to s. 456.013  | 
| 70 | and one of the following documents issued in his or her name: | 
| 71 |      (a)  A current driver's license; | 
| 72 |      (b)  An identification card issued by a state; | 
| 73 |      (c)  A valid passport issued by the Department of State of  | 
| 74 | the United States; | 
| 75 |      (d)  A valid I-551 permanent residence card; or | 
| 76 |      (e)  A valid employment authorization document. | 
| 77 |      (4)  It is unlawful to knowingly use a massage  | 
| 78 | establishment license issued under s. 480.043 for the purpose of  | 
| 79 | lewdness, assignation, or prostitution at any massage  | 
| 80 | establishment location or structure, or any part thereof,  | 
| 81 | including any trailer or other conveyance. | 
| 82 |      (5)  A person who violates any provision of this section  | 
| 83 | commits: | 
| 84 |      (a)  A misdemeanor of the second degree for a first  | 
| 85 | violation, punishable as provided in s. 775.082 or s. 775.083. | 
| 86 |      (b)  A misdemeanor of the first degree for a second  | 
| 87 | violation, punishable as provided in s. 775.082 or s. 775.083. | 
| 88 |      (c)  A felony of the third degree for a third or subsequent  | 
| 89 | violation, punishable as provided in s. 775.082, s. 775.083, or  | 
| 90 | s. 775.084. | 
| 91 |      Section 2.  This act shall take effect July 1, 2010. |