Section 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 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. s.4, ch. 2013-212; s.64, ch. 2018-106; s.40, ch. 2021-271.Amended by 2024 Fla. Laws, ch. 148,s 7, eff. 7/1/2024.Amended by 2021 Fla. Laws, ch. 271, s 40, eff. only if the Gaming Compact between the Seminole Tribe of Florida and the State of Florida executed by the Governor and the Seminole Tribe of Florida on 4/23/2021, as amended on 5/17/2021, under the Indian Gaming Regulatory Act of 1988, is approved or deemed approved and not voided by the U.S. Department of the Interior, and shall take effect on the date that notice of the effective date of the compact is published in the Federal Register (contingency met).Amended by 2018 Fla. Laws, ch. 106, s 64, eff. 10/1/2018.Added by 2013 Fla. Laws, ch. 212, s 4, eff. 10/1/2013.