History.—s. 16, ch. 78-436; s. 2, ch. 81-318; ss. 10, 12, 13, ch. 85- 280; s. 58, ch. 89-374; s. 4, ch. 91-429; s. 414, ch. 97-103; s. 158, ch. 97-264; s. 3, ch. 2013-212; s. 14, ch. 2021-143.
(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.
480.0475—Massage Establishments; Prohibited Practices (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
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.
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
(2) A person operating a massage establishment may not use or permit the establishment to be used as a principal domicile 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. History.—s. 4, ch. 2013-212; s. 64, ch. 2018-106; s. 40, ch. 2021- 271.
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. History.—s. 159, ch. 97-264.
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. History.—s. 18, ch. 78-436; s. 2, ch. 81-318; ss. 12, 13, ch. 85-280; s. 4, ch. 91-429. from enacting any regulation of persons or establishments not licensed pursuant to this act. History.—s. 20, ch. 78-436; ss. 13, 15, 25, 30, 34, 56, 62, ch. 80-406; s. 2, ch. 81-318; ss. 12, 13, ch. 85-280; s. 4, ch. 91-429; s. 15, ch. 2021-143. (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
480.052—Power of County or Municipality to Regulate Massage 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 480.0535—Documents Required While Working in a Massage Establishment (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, a person employed by a massage establishment and any person performing massage therapy therein must immediately present, upon the request of an investigator of the department or a law enforcement officer, valid government identification 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
paragraph (1)(a) for each employee and any person performing massage therapy in the establishment.
(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.
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