State v. Wagner

I agree with the majority that the gravamen of an offense against the old “massage” statute, section 480.02(1), Fla. Stat.(1975), was the act of massaging, but that the new statute, section 480.047, Fla. Stat.(1979), merely prohibits one from falsely holding one’s self out as a licensed masseur. I also agree that the respondents in their motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4) tendered a false issue relating to whether, in fact, applying sun tan oil was massaging. Rather than pointing out that was not an issue under the statute and the information, the State…