HB 477

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; amending s. 921.0022, F.S.; including within
18	the severity ranking chart of the Criminal Punishment Code
19	certain offenses prohibited by the act; providing an
20	effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Section 480.0535, Florida Statutes, is created
25	to read:
26	480.0535  Documents required while offering or providing
27	massage services.-
28	(1)  In order to provide law enforcement agencies the means
29	to more effectively identify, investigate, and arrest persons
30	engaging in human trafficking as defined in s. 787.06 or
31	prostitution as proscribed by chapter 796 by the fraudulent or
32	valid use of a license to practice massage therapy or operate a
33	massage establishment:
34	(a)  Each person providing or offering to provide massage
35	services for compensation or on behalf of a massage
36	establishment or for any business must have in his or her
37	possession, and it is unlawful to provide or offer to provide
38	massage services without, a wallet-size identification license
39	card or wall license card issued by the Department of Health
40	pursuant to s. 456.013, plus one of the following documents
41	specifically issued to such person:
42	1.  A current driver's license or identification card
43	issued by a state.
44	2.  A valid passport issued by the United States of
45	America.
46	3.  A valid I-551 permanent resident card.
47	4.  A valid employment authorization document.
48	(b)  Upon request by a law enforcement officer, each person
49	providing or offering to provide massage services for
50	compensation or on behalf of a massage establishment or for any
51	business must present the wallet-size identification license
52	card or wall license card issued in his or her name by the
53	Department of Health pursuant to s. 456.013, plus one of the
54	additional documents specified in paragraph (a).
55	(2)(a)  A person, firm, or corporation operating a massage
56	establishment pursuant to s. 480.043 shall maintain, and it is
57	unlawful to operate a massage establishment without, a valid
58	work authorization document on the premises for each employee
59	who is not a United States citizen. Valid work authorization
60	documents for an employee who is not a United States citizen
61	include:
62	1.  A valid I-551 permanent resident card.
63	2.  A valid employment authorization document.
64	(b)  Upon request by a law enforcement officer, any person,
65	firm, or corporation operating a massage establishment must
66	present one of the documents specified in paragraph (a) for each
67	employee who is not a United States citizen.
68	(3)  A person may not offer or provide massage services for
69	compensation or on behalf of a massage establishment or for any
70	business without being in possession of a valid wallet-size
71	identification license card or wall license card issued in his
72	or her name by the Department of Health pursuant to s. 456.013
73	and one of the following documents issued in his or her name:
74	(a)  A current driver's license.
75	(b)  An identification card issued by a state.
76	(c)  A valid passport issued by the Department of State of
77	the United States.
78	(d)  A valid I-551 permanent residence card.
79	(e)  A valid employment authorization document.
80	(4)  A person, firm, or corporation operating a massage
81	establishment may not knowingly use a massage establishment
82	license issued under s. 480.043 for the purpose of lewdness,
83	assignation, or prostitution at any massage establishment
84	location or structure, or any part thereof, including any
85	trailer or other conveyance.
86	(5)  A person who violates any provision of this section
87	commits:
88	(a)  A misdemeanor of the second degree for a first
89	violation, punishable as provided in s. 775.082 or s. 775.083.
90	(b)  A misdemeanor of the first degree for a second
91	violation, punishable as provided in s. 775.082 or s. 775.083.
92	(c)  A felony of the third degree for a third or subsequent
93	violation, punishable as provided in s. 775.082, s. 775.083, or
94	s. 775.084.
95	Section 2.  Paragraph (e) of subsection (3) of section
96	921.0022, Florida Statutes, is amended to read:
97	921.0022  Criminal Punishment Code; offense severity
98	ranking chart.-
99	(3)  OFFENSE SEVERITY RANKING CHART
100	(e)  LEVEL 5
101
	FloridaStatute FelonyDegree Description
102
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
103
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
104
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
105
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
106
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
107
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
108
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
109
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
110
	480.0535(5)(c) 3rd Lack of possession of identifying documents or work authorization documents to provide massage services or operate a massage establishment. Unlawful use of a massage establishment license for the purpose of assignation, prostitution, or lewdness.
111
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
112
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
113
	790.01(2) 3rd Carrying a concealed firearm.
114
	790.162 2nd Threat to throw or discharge destructive device.
115
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
116
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
117
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
118
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
119
	800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
120
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
121
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
122
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
123
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
124
	812.131(2)(b) 3rd Robbery by sudden snatching.
125
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
126
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
127
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
128
	817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
129
	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
130
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
131
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
132
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
133
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
134
	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
135
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
136
	847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
137
	847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
138
	847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
139
	874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
140
	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
141
	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
142
	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
143
	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
144
	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
145
	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
146
	893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
147
148	Section 3.  This act shall take effect October 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.