480.032 Purpose.—The Legislature recognizes that the practice of massage therapy is potentially dangerous to the public in that massage therapists must have a knowledge of anatomy and physiology and an understanding of the relationship between the structure and the function of the tissues being treated and the total function of the body. Massage therapy is a therapeutic health care practice, and regulations are necessary to protect the public from unqualified practitioners. It is therefore deemed necessary in the interest of public health, safety, and welfare to regulate the practice of massage therapy in the state; however, restrictions shall be imposed to the extent necessary to protect the public from significant and discernible danger to health and yet not in such a manner which will unreasonably affect the competitive market. Further, consumer protection for both health and economic matters shall be afforded the public through legal remedies provided for in this act.
(1) “Advertising medium” means any newspaper; airwave or computer transmission; telephone directory listing, other than an in-column listing consisting only of a name, physical address, and telephone number; business card; handbill; flyer; sign, other than a building directory listing all building tenants and their room or suite numbers; or any other form of written or electronic advertisement.
(2) “Apprentice” means a person approved by the board to study colonic irrigation under the instruction of a licensed massage therapist practicing colonic irrigation.
(3) “Board” means the Board of Massage Therapy.
(4) “Board-approved massage therapy school” means a facility that meets minimum standards for training and curriculum as determined by rule of the board and that is licensed by the Department of Education pursuant to chapter 1005 or the equivalent licensing authority of another state or is within the public school system of this state or a college or university that is eligible to participate in the William L. Boyd, IV, Effective Access to Student Education Grant Program.
(5) “Colonic irrigation” means a method of hydrotherapy used to cleanse the colon with the aid of a mechanical device and water.
(6) “Department” means the Department of Health.
(7) “Designated establishment manager” means a massage therapist who holds a clear and active license without restriction; a health care practitioner licensed under chapter 457; or a physician licensed under chapter 458, chapter 459, or chapter 460, who is responsible for the operation of a massage establishment in accordance with the provisions of this chapter, and who is designated the manager by the rules or practices at the establishment.
(8) “Employee” means any person, including, but not limited to, independent contractors or lessees of a massage establishment, whose duties involve any aspect or capacity of the massage establishment, including, but not limited to, preparing meals and cleaning regardless of whether such person is compensated for the performance of such duties. The term does not include a person who is exclusively engaged in the repair or maintenance of the massage establishment or the delivery of goods to the establishment.
(9) “Establishment” or “massage establishment” means a site or premises, or portion thereof, wherein a massage therapist practices massage therapy.
(10) “Establishment owner” means a person who has ownership interest in a massage establishment. The term includes an individual who holds a massage establishment license, a general partner of a partnership, an owner or officer of a corporation, and a member of a limited liability company and its subsidiaries who holds a massage establishment license.
(11) “Licensure” means the procedure by which a person, hereinafter referred to as a “practitioner,” applies to the board for approval to practice massage therapy or to operate an establishment.
(12) “Massage therapist” means a person licensed as required by this act, who performs massage therapy, including massage therapy assessment, for compensation.
(13) “Massage therapy” means the manipulation of the soft tissues of the human body with the hand, foot, knee, arm, or elbow, regardless of whether such manipulation is aided by hydrotherapy, including colonic irrigation, or thermal therapy; any electrical or mechanical device; or the application to the human body of a chemical or herbal preparation.
(14) “Massage therapy assessment” means the determination of the course of massage therapy treatment.
(15) “Sexual activity” means any direct or indirect contact by any employee or person, or between any employees or persons, with the intent to abuse, humiliate, harass, degrade, or arouse, or gratify the sexual desire of, any employee or person, or which is likely to cause such abuse, humiliation, harassment, degradation, or arousal, or sexual gratification:
(a) With or without the consent of the employee or person.
(b) With or without verbal or nonverbal communication that the sexual activity is undesired.
(c) With or without the use of any device or object.
(d) With or without the occurrence of penetration, orgasm, or ejaculation.
(e) Including, but not limited to, intentional contact with the genitalia, groin, femoral triangle, anus, buttocks, gluteal cleft, breast or nipples, mouth, or tongue.
(f) Including, but not limited to, the intentional removal of any drape without specific written informed consent of the patient.
(1) Nothing in this act shall modify or repeal any provision of chapters 458-464, inclusive, or of chapter 476, chapter 477, or chapter 486.
(2) Athletic trainers employed by or on behalf of a professional athletic team performing or training within this state shall be exempt from the provisions of this act.
(3) The state and its political subdivisions are exempt from the registration requirements of this act.
(4) An exemption granted is effective to the extent that an exempted person’s practice or profession overlaps with the practice of massage therapy.
(1) The Board of Massage Therapy is created within the department. The board shall consist of seven members, who shall be appointed by the Governor and whose function it shall be to carry out the provisions of this act.
(2) Five members of the board shall be licensed massage therapists and shall have been engaged in the practice of massage therapy for not less than 5 consecutive years prior to the date of appointment to the board. The Governor shall appoint each member for a term of 4 years. Two members of the board shall be laypersons. Each board member shall be a high school graduate or shall have received a high school equivalency diploma. Each board member shall be a citizen of the United States and a resident of this state for not less than 5 years. The appointments are subject to confirmation by the Senate.
(3) The Governor may at any time fill vacancies on the board for the remainder of unexpired terms. Each member of the board shall hold over after the expiration of her or his term until her or his successor has been duly appointed and qualified. No board member shall serve more than two terms, whether full or partial.
(4) The board shall, in the month of January, elect from its number a chair and a vice chair.
(5) The board shall hold such meetings during the year as it may determine to be necessary, one of which shall be the annual meeting. The chair of the board shall have the authority to call other meetings at her or his discretion. A quorum of the board shall consist of not less than a majority of the current membership of the board.
(6) Board members shall receive per diem and mileage as provided in s. 112.061 from the place of residence to the place of meeting and return.
(7) The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.
480.036 Accountability of board members.—Each board member shall be held accountable to the Governor for the proper performance of all duties and obligations of such board member’s office. The Governor shall cause to be investigated any complaints or unfavorable reports received concerning the actions of the board or its individual members and shall take appropriate action thereon, which may include removal of any board member for malfeasance, misfeasance, neglect of duty, commission of a felony, incompetency, or permanent inability to perform official duties.
(1) Any person is qualified for licensure as a massage therapist under this act who:
(a) Is at least 18 years of age or has received a high school diploma or high school equivalency diploma;
(b) Has completed a course of study at a board-approved massage therapy school that meets standards adopted by the board; and
(c) Has received a passing grade on a national examination designated by the board.
(2) Every person desiring to be examined for licensure as a massage therapist must apply to the department in writing upon forms prepared and furnished by the department. Such applicants are subject to s. 480.046(1).
(3) An applicant must submit to background screening under s. 456.0135.
(4) Upon an applicant’s passing the examination and paying the initial licensure fee, the department shall issue to the applicant a license, valid until the next scheduled renewal date, to practice massage therapy.
(5) The board shall adopt rules:
(a) Establishing a minimum training program for apprentices.
(b) Providing for educational standards, examination, and certification for the practice of colonic irrigation, as defined in s. 480.033, by massage therapists.
(c) Specifying licensing procedures for practitioners desiring to be licensed in this state who meet the requirements for licensure by endorsement under s. 456.0145 or hold an active license and have practiced in any foreign national jurisdiction which has licensing standards substantially similar to, equivalent to, or more stringent than the standards of this state.
(6) The board shall deny an application for a new or renewal license if an applicant has been convicted or found guilty of, or enters a plea of guilty or nolo contendere to, regardless of adjudication, a violation of s. 796.07(2)(a) which is reclassified under s. 796.07(7) or a felony offense under any of the following provisions of state law or a similar provision in another jurisdiction:
(a) Section 787.01, relating to kidnapping.
(b) Section 787.02, relating to false imprisonment.
(c) Section 787.025, relating to luring or enticing a child.
(d) Section 787.06, relating to human trafficking.
(e) Section 787.07, relating to human smuggling.
(f) Section 794.011, relating to sexual battery.
(g) Section 794.08, relating to female genital mutilation.
(h) Former s. 796.03, relating to procuring a person under the age of 18 for prostitution.
(i) Former s. 796.035, relating to the selling or buying of minors into prostitution.
(j) Section 796.04, relating to forcing, compelling, or coercing another to become a prostitute.
(k) Section 796.05, relating to deriving support from the proceeds of prostitution.
(l) Section 796.07(4)(a)3., relating to a felony of the third degree for a third or subsequent violation of s. 796.07, relating to prohibiting prostitution and related acts.
(m) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
(n) Section 825.1025(2)(b), relating to lewd or lascivious offenses committed upon or in the presence of an elderly or disabled person.
(o) Section 827.071, relating to sexual performance by a child.
(p) Section 847.0133, relating to the protection of minors.
(q) Section 847.0135, relating to computer pornography.
(r) Section 847.0138, relating to the transmission of material harmful to minors to a minor by electronic device or equipment.
(s) Section 847.0145, relating to the selling or buying of minors.
(7) A person issued a license as a massage apprentice before July 1, 2020, may continue that apprenticeship and perform massage therapy as authorized under that license until it expires. Upon completion of the apprenticeship, which must occur before July 1, 2023, a massage apprentice may apply to the board for full licensure and be granted a license if all other applicable licensure requirements are met.
480.0415 License renewal.—The board shall prescribe by rule the method for renewal of biennial licensure which shall include continuing education requirements not to exceed 25 classroom hours per biennium. The board shall by rule establish criteria for the approval of continuing education programs or courses. The programs or courses approved by the board may include correspondence courses that meet the criteria for continuing education courses held in a classroom setting.
480.043 Massage establishments; requisites; licensure; inspection; human trafficking awareness training and policies.—
(1) No massage establishment shall be allowed to operate without a license granted by the department in accordance with rules adopted by the board.
(2) An establishment owner shall comply with the background screening requirements under s. 456.0135. However, if a corporation submits proof of having more than $250,000 of business assets in this state, the department shall require the establishment owner, the designated establishment manager, and each individual directly involved in the management of the establishment to comply with the background screening requirements under s. 456.0135. The board may adopt rules regarding the type of proof that may be submitted by a corporation.
(3) The board shall adopt rules governing the operation of massage establishments and their facilities, employees, safety and sanitary requirements, financial responsibility, insurance coverage, and the license application and granting process.
(4) Any person, firm, or corporation desiring to operate a massage establishment in the state shall submit to the department an application, upon forms provided by the department, accompanied by any information requested by the department and an application fee.
(5) Upon receiving the application, the department may cause an investigation to be made of the proposed massage establishment.
(6) If, based upon the application and any necessary investigation, the department determines that the proposed establishment would fail to meet the standards adopted by the board under subsection (3), the department shall deny the application for license. Such denial shall be in writing and shall list the reasons for denial. Upon correction of any deficiencies, an applicant previously denied permission to operate a massage establishment may reapply for licensure.
(7) If, based upon the application and any necessary investigation, the department determines that the proposed massage establishment may reasonably be expected to meet the standards adopted by the department under subsection (3), the department shall grant the license under such restrictions as it shall deem proper as soon as the original licensing fee is paid.
(8) The department shall deny an application for a new or renewal license if an establishment owner or a designated establishment manager or, for a corporation that has more than $250,000 of business assets in this state, an establishment owner, a designated establishment manager, or any individual directly involved in the management of the establishment has been convicted of or entered a plea of guilty or nolo contendere to any misdemeanor or felony crime, regardless of adjudication, related to prostitution or related acts as described in s. 796.07 or a felony offense under any of the following provisions of state law or a similar provision in another jurisdiction:
(a) Section 787.01, relating to kidnapping.
(b) Section 787.02, relating to false imprisonment.
(c) Section 787.025, relating to luring or enticing a child.
(d) Section 787.06, relating to human trafficking.
(e) Section 787.07, relating to human smuggling.
(f) Section 794.011, relating to sexual battery.
(g) Section 794.08, relating to female genital mutilation.
(h) Former s. 796.03, relating to procuring a person under the age of 18 for prostitution.
(i) Former s. 796.035, relating to selling or buying of minors into prostitution.
(j) Section 796.04, relating to forcing, compelling, or coercing another to become a prostitute.
(k) Section 796.05, relating to deriving support from the proceeds of prostitution.
(l) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
(m) Section 825.1025(2)(b), relating to lewd or lascivious offenses committed upon or in the presence of an elderly or disabled person.
(n) Section 827.071, relating to sexual performance by a child.
(o) Section 847.0133, relating to the protection of minors.
(p) Section 847.0135, relating to computer pornography.
(q) Section 847.0138, relating to the transmission of material harmful to minors to a minor by electronic device or equipment.
(r) Section 847.0145, relating to the selling or buying of minors.
(9)(a) A massage establishment license issued to an individual, a partnership, a corporation, a limited liability company, or another entity may not be transferred from the licensee to another individual, partnership, corporation, limited liability company, or another entity.
(b) A license may be transferred from one location to another only after inspection and approval by the board and receipt of an application and inspection fee set by rule of the board, not to exceed $125.
(c) A license may be transferred from one business name to another after approval by the board and receipt of an application fee set by rule of the board, not to exceed $25.
(10) Renewal of license registration for massage establishments shall be accomplished pursuant to rules adopted by the board. The board is further authorized to adopt rules governing delinquent renewal of licenses and may impose penalty fees for delinquent renewal.
(11) The board is authorized to adopt rules governing the periodic inspection of massage establishments licensed under this act.
(12) As a condition of licensure, a massage establishment must have a designated establishment manager. The designated establishment manager is responsible for complying with all requirements related to operating the establishment in this section and shall practice at the establishment for which he or she has been designated. Within 10 days after termination of a designated establishment manager, the establishment owner must notify the department of the identity of another designated establishment manager. Failure to have a designated establishment manager practicing at the location of the establishment shall result in summary suspension of the establishment license as described in s. 456.073(8) or s. 120.60(6). An establishment licensed before July 1, 2019, must identify a designated establishment manager by January 1, 2020.
(13) By January 1, 2025, a massage establishment shall implement a procedure for reporting suspected human trafficking to the Florida Human Trafficking Hotline, 1-855-FLA-SAFE, or to a local law enforcement agency and shall post in a conspicuous place in the establishment which is accessible to employees a sign with the relevant provisions of the reporting procedure.
(14) In order to provide the department and law enforcement agencies the means to more effectively identify persons engaging in human trafficking at massage establishments, the following apply:
(a) Sexual activity in a massage establishment is prohibited. An establishment owner or employee may not engage in or allow any person to engage in sexual activity in the establishment or use the establishment to make arrangements to engage in sexual activity in another location. Used or unused condoms are prohibited in a massage establishment.
(b) If there is an outside window or windows into the massage establishment’s reception area, the outside window or windows must allow for at least 35 percent light penetration and no more than 50 percent of the outside window or windows may be obstructed with signage, blinds, curtains, or other obstructions, allowing the public to see the establishment’s reception area. A sign must be posted on the front window of the establishment that includes the name and license number of the massage establishment and the telephone number that has been provided to the department as part of licensure of the establishment. This paragraph does not apply to:
1. A massage establishment within a public lodging establishment as defined in s. 509.013(4).
2. A massage establishment located within a county or municipality that has an ordinance that prescribes requirements related to business window light penetration or signage limitations if compliance with this paragraph would result in noncompliance with such ordinance.
(c) All employees within the massage establishment must be fully clothed, and such clothing must be fully opaque and made of nontransparent material that does not expose the employee’s genitalia. This requirement does not apply to an employee, excluding a massage therapist, of a public lodging establishment, as defined in s. 509.013(4), that is licensed as a clothing-optional establishment and chartered with the American Association for Nude Recreation.
(d) A massage establishment must maintain a complete set of legible records in English or Spanish, which must include each employee’s start date of employment, full legal name, date of birth, home address, telephone number, and employment position and a copy of the employee’s government identification required under s. 480.0535. All information required under this paragraph must be recorded before the employee may provide any service or treatment to a client or patient.
(e) A massage establishment must conspicuously display a 2 inch by 2 inch photo for each employee, which, for massage therapists, must be attached to the massage therapist’s license. Such display must also include the employee’s full legal name and employment position. All information required under this paragraph must be displayed before the employee may provide any service or treatment to a client or patient. A massage establishment within a public lodging establishment as defined in s. 509.013(4) may satisfy this requirement by displaying the photos and required information in an employee break room or other room that is used by employees, but is not used by clients or patients.
(f) A massage establishment must maintain a complete set of legible records in English or Spanish, which must include the date, time, and type of service or treatment provided; the full legal name of the employee who provided the service or treatment; and the full legal name, home address, and telephone number of the client or patient. Medical records may satisfy this requirement if the records include the specified information. A copy of the client’s or patient’s photo identification may be used to provide the full legal name and home address of the client or patient. Records required under this paragraph must be maintained for at least 1 year after a service or treatment is provided. All information required under this paragraph must be collected and recorded before any service or treatment is provided to a client or patient. The establishment must confirm the identification of the client or patient before any service or treatment is provided to the client or patient.
(15) Except for the requirements of subsection (13), this section does not apply to a practitioner licensed under chapter 457 or a physician licensed under chapter 458, chapter 459, or chapter 460 who employs a licensed massage therapist to perform massage therapy on the practitioner’s or physician’s patients at her or his place of practice. This subsection does not restrict investigations by the department for violations of chapter 456 or this chapter.
(1) The board shall set fees according to the following schedule:
(a) Massage therapist application and examination fee: not to exceed $250.
(b) Massage therapist initial licensure fee: not to exceed $150.
(c) Establishment application fee: not to exceed $200.
(d) Establishment licensure fee: not to exceed $150.
(e) Biennial establishment renewal fee: not to exceed $150.
(f) Biennial massage therapist licensure renewal fee: not to exceed $200.
(g) Massage therapist reexamination fee: not to exceed $250.
(h) Fee for apprentice: not to exceed $100.
(i) Colonics examination fee: not to exceed $100.
(j) Colonics reexamination fee: not to exceed $100.
(k) Application and reactivation for inactive status of a massage therapist license fee: not to exceed $250.
(l) Renewal fee for inactive status: not to exceed $250.
(2) The department shall impose a late fee not to exceed $150 on a delinquent renewal of a massage establishment license.
(3) The board may establish by rule an application fee not to exceed $100 for anyone seeking approval to provide continuing education courses and may provide by rule for a fee not to exceed $50 for renewal of providership.
(4) The department is authorized to charge the cost of any original license or permit, as set forth in this chapter, for the issuance of any duplicate licenses or permits requested by any massage therapist or massage establishment.
(5) All moneys collected by the department from fees authorized by this act shall be paid into the Medical Quality Assurance Trust Fund in the department and shall be applied in accordance with the provisions of s. 456.025. The Legislature may appropriate any excess moneys from this fund to the General Revenue Fund.
480.046 Grounds for disciplinary action by the board.—
(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2):
(a) Attempting to procure a license to practice massage therapy by bribery or fraudulent misrepresentation.
(b) Having a license to practice massage therapy revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.
(c) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of massage therapy or to the ability to practice massage therapy. Any plea of nolo contendere shall be considered a conviction for purposes of this chapter.
(d) False, deceptive, or misleading advertising.
(e) Advertising to induce or attempt to induce, or to engage or attempt to engage, the client in unlawful sexual misconduct as described in s. 480.0485.
(f) Aiding, assisting, procuring, or advising any unlicensed person to practice massage therapy contrary to this chapter or to a rule of the department or the board.
(g) Making deceptive, untrue, or fraudulent representations in the practice of massage therapy.
(h) Being unable to practice massage therapy with reasonable skill and safety by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. In enforcing this paragraph, the department, upon probable cause, may compel a massage therapist to submit to a mental or physical examination by physicians designated by the department. Failure of a massage therapist to submit to such examination when so directed, unless the failure was due to circumstances beyond her or his control, constitutes an admission of the allegations against her or him, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A massage therapist affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that she or he can resume the competent practice of massage therapy with reasonable skill and safety to clients.
(i) Gross or repeated malpractice or the failure to practice massage therapy with that level of care, skill, and treatment which is recognized by a reasonably prudent massage therapist as being acceptable under similar conditions and circumstances.
(j) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that she or he is not competent to perform.
(k) Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform.
(l) Violating a lawful order of the board or department previously entered in a disciplinary hearing, or failing to comply with a lawfully issued subpoena of the department.
(m) Refusing to permit the department to inspect the business premises of the licensee during regular business hours.
(n) Failing to keep the equipment and premises of the massage establishment in a clean and sanitary condition.
(o) Practicing massage therapy at a site, location, or place which is not duly licensed as a massage establishment, except that a massage therapist, as provided by board rule, may provide massage therapy services, excluding colonic irrigation, at the residence of a client, at the office of the client, at a sports event, at a convention, or at a trade show.
(p) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
(2) The board may enter an order denying licensure or imposing any of the penalties in s. 456.072(2) against any applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of violating any provision of s. 456.072(1).
(3) The board shall revoke or suspend the license of a massage establishment licensed under this act, or deny subsequent licensure of such an establishment, if any of the following occurs:
(a) The license has been obtained by fraud or misrepresentation.
(b) The holder of a license is guilty of fraud or deceit or of gross negligence, incompetency, or misconduct in the operation of a massage establishment.
(c) The establishment owner, the designated establishment manager, or any individual providing massage therapy services for the establishment has had the entry in any jurisdiction of:
1. A final order or other disciplinary action taken for sexual misconduct involving prostitution;
2. A final order or other disciplinary action taken for crimes related to the practice of massage therapy involving prostitution; or
3. A conviction or a plea of guilty or nolo contendere to any misdemeanor or felony crime, regardless of adjudication, related to prostitution or related acts as described in s. 796.07.
(4) The establishment owner who has been the subject of disciplinary action under subsection (3) may not reapply for an establishment license and may not transfer such license pursuant to s. 480.043.
(5) A designated establishment manager who has been the subject of disciplinary action under section (3) may not reapply for a license.
(6) Disciplinary proceedings shall be conducted pursuant to the provisions of chapter 120.
(1) Each massage therapist or massage establishment licensed under this act shall include the number of the license in any advertisement of massage therapy services appearing in any advertising medium, including, but not limited to, newspaper, airwave transmission, telephone directory, Internet, or other advertising medium. The advertisement must also include the physical address of the massage establishment and the telephone number that has been provided to the department as part of the licensing of the establishment. However, the inclusion of the physical address and telephone number is not required for an advertisement by a massage establishment whose establishment owner operates more than five locations in this state.
(2) A massage therapist, an establishment owner, an employee, or any third party directed by the establishment owner or employee, may not place, publish, or distribute, or cause to be placed, published, or distributed, any advertisement in any advertising medium which states prostitution services, escort services, or sexual services are available.
(3) A massage therapist, an establishment owner, an employee, or any third party directed by the massage therapist, establishment owner, or employee may not place, publish, or distribute, or cause to be placed, published, or distributed, any online advertisement on any website known for advertising prostitution services, escort services, or sexual services.
(a) Hold himself or herself out as a massage therapist or to practice massage therapy unless duly licensed under this chapter or unless otherwise specifically exempted from licensure under this chapter.
(b) Operate any massage establishment unless it has been duly licensed as provided herein, except that nothing herein shall be construed to prevent the teaching of massage therapy in this state at a board-approved massage therapy school.
(c) Permit an employed person to practice massage therapy unless duly licensed as provided herein.
(d) Present as his or her own the license of another.
(e) Allow the use of his or her license by an unlicensed person.
(f) Give false or forged evidence to the department in obtaining any license provided for herein.
(g) Falsely impersonate any other licenseholder of like or different name.
(h) Use or attempt to use a license that has been revoked.
(i) Otherwise violate any of the provisions of this act.
(2) Except as otherwise provided in this chapter, any person violating the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(1) A person may not operate a massage establishment between the hours of midnight and 5 a.m. This subsection does not apply to a massage establishment:
(a) Located on the premises of a health care facility as defined in s. 408.07; a health care clinic as defined in s. 400.9905(4); a hotel, motel, or bed and breakfast inn, as those terms are defined in s. 509.242; a timeshare property as defined in s. 721.05; a public airport as defined in s. 330.27; or a pari-mutuel facility as defined in s. 550.002;
(b) In which every massage performed between the hours of midnight and 5 a.m. is performed by a massage therapist acting under the prescription of a physician or physician assistant licensed under chapter 458, an osteopathic physician or physician assistant licensed under chapter 459, a chiropractic physician licensed under chapter 460, a podiatric physician licensed under chapter 461, an advanced practice registered nurse licensed under part I of chapter 464, or a dentist licensed under chapter 466; or
(c) Operating during a special event if the county or municipality in which the establishment operates has approved such operation during the special event.
(2) A person operating a massage establishment may not use or permit the establishment to be used as a principal or temporary domicile for, to shelter or harbor, or as sleeping or napping quarters for any person unless the establishment is zoned for residential use under a local ordinance.
(3) A person violating the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A second or subsequent violation of this section is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
480.0485 Sexual misconduct in the practice of massage therapy.—The massage therapist-patient relationship is founded on mutual trust. Sexual misconduct in the practice of massage therapy means violation of the massage therapist-patient relationship through which the massage therapist uses that relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of massage therapy is prohibited.
480.049 Civil proceedings.—As cumulative to any other remedy or criminal prosecution, the department may file a proceeding in the name of the state seeking issuance of a restraining order, injunction, or writ of mandamus against any person who is or has been violating any of the provisions of this act or the lawful rules or orders of the department.
480.052 Power of county or municipality to regulate massage therapy.—A county or municipality, within its jurisdiction, may regulate persons and establishments licensed under this chapter. Such regulation shall not exceed the powers of the state under this act or be inconsistent with this act. This section shall not be construed to prohibit a county or municipality from enacting any regulation of persons or establishments not licensed pursuant to this act.
480.0535 Documents required while working in a massage establishment; penalties; reporting.—
(1) In order to provide the department and law enforcement agencies the means to more effectively identify, investigate, and arrest persons engaging in human trafficking, an employee and any person performing massage therapy in a massage establishment must immediately present, upon the request of an investigator of the department or a law enforcement officer, valid government identification while in the establishment. An investigator of the department must request valid government identification from all employees while in the establishment. A valid government identification for the purposes of this section is:
(a) A valid, unexpired driver license issued by any state, territory, or district of the United States;
(b) A valid, unexpired identification card issued by any state, territory, or district of the United States;
(c) A valid, unexpired United States passport;
(d) A naturalization certificate issued by the United States Department of Homeland Security;
(e) A valid, unexpired alien registration receipt card (green card); or
(f) A valid, unexpired employment authorization card issued by the United States Department of Homeland Security.
(2) A person operating a massage establishment must:
(a) Immediately present, upon the request of an investigator of the department or a law enforcement officer:
1. Valid government identification while in the establishment.
2. A copy of the documentation specified in paragraph (1)(a) for each employee and any person performing massage therapy in the establishment.
3. A copy of the documents required under s. 480.043(14)(d) and (f).
(b) Ensure that each employee and any person performing massage therapy in the massage establishment is able to immediately present, upon the request of an investigator of the department or a law enforcement officer, valid government identification while in the establishment.
(3) A person who violates this section commits:
(a) For a first violation, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) For a second violation, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) For a third or subsequent violation, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) The department shall notify a federal immigration office if a person operating a massage establishment, an employee, or any person performing massage therapy in a massage establishment fails to provide valid government identification as required under this section.
