House committee passes bill to crack down on illicit massage establishments

TALLAHASSEE, Fla. (FLV) – Legislation that gives the Department of Health’s authority to suspend a massage establishment license on the existence of sexual misconduct passed through the a Florida House committee Monday.

The legislation would clarify the Department of Health’s authority to issue an emergency order to suspend a massage establishment’s license if there is sexual misconduct and an immediate danger to the public.

The bill, carried by Rep. Vicki Lopez, R-Miami, passed 17-0 during the House Healthcare Regulation Subcommittee Monday.

Lopez said despite Florida’s efforts to stop human trafficking, the state continues to rank third in the U.S. for human trafficking with Miami, Tampa, and Central Florida as the top three areas.

She explained that one activity involving human trafficking is illicit massage establishments, which “continue to prosper in Florida and continue to increase in numbers.”

The bill would authorize specific officers to perform inspections and investigations, requiring code enforcement officers and authorizing law enforcement officers to submit affidavits with specific photos and other evidence to the Department of Health.

According to Lopez, the bill also clarifies quorum requirements for the board of massage therapy.

The bill would prohibit sexual activity in establishments and require outside windows and signs in establishments.

It would provide employee dress code requirements and require establishments to maintain certain records in English.

It would also revise establishment operating hours and require all customer and patient services to be performed within specific hours. It would prohibit establishments from sheltering or harboring, or being used as sleeping quarters, resulting in criminal penalties if violated.

Assistant Chief of Emergency Operations James Cunningham stood in support of the legislation and spoke on behalf of the Collier County Sheriff’s Office. He said they estimate there are about 1,600 illicit massage parlors working throughout the state of Florida.

He said when they do undercover operations and identify that there is sexual activity or misconduct happening in an establishment, they take away the massage therapists that were “obviously not working within the scope of their license.”

But, Cunningham said “within hours, if not days,” the facilities are back open and operating “just with different personnel.”

“And with your assistance, we can give the Department of Health the regulatory authority they need to be able to, again, go after the establishments,” Cunningham said.