Massage Establishment Licensure

About 30 minutes · s. 480.043(1)–(12), s. 480.044, F.S.; Rules 64B7-26.002, 64B7-26.0035, 64B7-26.004, 64B7-26.006 and 64B7-26.007, F.A.C.

12.1 Licensing the place

Chapter 2 introduced the key people in an establishment: the establishment owner, the designated establishment manager, the ownership entity and, for large corporations, the interested party. Chapter 11 explained that a therapist must practice in a licensed establishment unless one of five exceptions applies. This chapter explains how a place becomes a licensed establishment and what the people behind it must do to keep it licensed. The rules that govern daily operation inside the establishment (sanitation, displays, hours, records) are Chapters 13 and 14.

The central idea is accountability. A therapist's license puts a person under the Board's authority. An establishment license puts a business and its responsible people under that authority, which is why the Act requires screening of owners, a qualified manager who works on site, an inspection before opening and inspections afterward.

12.2 The cast of characters

Chapter 2 introduced the people who appear in establishment law, and it helps to restate them in one place, because establishment questions are often questions about who is who. Each role carries different duties and different exposure.

The establishment owner. The person, firm or corporation that holds the establishment license. The owner applies, pays the fees, submits to screening and is ultimately responsible for the establishment. An owner may be a therapist or may not be a therapist at all.

The ownership entity. When the owner is a business organization, such as a corporation or limited liability company, the entity itself is the licensee. Its owners, officers and certain managers may be subject to screening and to reporting duties.

The designated establishment manager. The person the establishment designates to be responsible for complying with the operating requirements in the statute and who must practice at the establishment. The Act allows a clear and active massage therapist, a Chapter 457 practitioner or a physician under Chapter 458, 459 or 460 to serve. A therapist serving as manager takes on the additional duties in the Board's rule.

The interested party. In a corporation with more than $250,000 in business assets in Florida, each individual directly involved in management of the establishment is subject to screening. The Board's rule calls that group interested parties.

The therapists and employees. The people who work in the establishment have their own duties, which Chapters 13 and 14 describe. The owner and manager are responsible for making sure that those duties are followed.

The Department. The agency that receives the application, inspects the premises, grants or denies the license and responds to complaints.

Thinking of the establishment as a set of roles helps in two ways. When a rule says that "the owner must" do something, you know who bears the duty. And when a problem arises, you can ask who was responsible for preventing it. A single person may fill more than one role, as when a therapist owns her own establishment and serves as its manager, but the duties of each role remain.

12.3 The license requirement and the application

No license, no operation. Section 480.043(1) is direct: "No massage establishment shall be allowed to operate without a license granted by the department in accordance with rules adopted by the board." (The criminal penalty for operating without a license is covered in Chapter 20.)

Who applies. Under s. 480.043(4), any person, firm or corporation desiring to operate a massage establishment must submit to the Department an application on the Department's forms, "accompanied by any information requested by the department and an application fee."

The Board's rule. Rule 64B7-26.002 supplies the details:

• The form and fee. The establishment submits form DH-MQA 1263, "Application for Massage Establishment License" (Rev. 06/2024), incorporated by reference, with the fee set in Rule 64B7-27.100(2). Chapter 9 listed the amounts: $150 application and $100 initial licensure fee under the rule, within the statutory caps. As always, use the current version of the form from the Board's website or the Department's online portal.
• A passing inspection first. "A massage establishment license may not be issued until a passing inspection result is received by the department which demonstrates that the proposed massage establishment is to be used for 'massage' [massage therapy] ... and that the proposed massage establishment is in compliance with Chapters 456 and 480, F.S. and related rules."
• Insurance. The applicant "shall submit proof confirming property damage and bodily injury liability insurance coverage for the proposed massage establishment." (Chapter 13 explains that the establishment must also keep a copy of its current policy on site.)

12.4 A timeline for opening an establishment

Opening an establishment involves many people and agencies, and the order of events matters. The following sequence is a planning tool. The actual timing depends on the Department, the local government and the inspection schedule, so treat it as an order of events and not as a promise about duration.

Stage one: concept and location. Decide what kind of establishment you will run, and choose a site. Before you sign a lease, check the local zoning and licensing rules for the address, as Chapter 11 explained. Ask the landlord whether the lease permits the use.

Stage two: the legal structure. Decide whether you will operate as an individual, a partnership, a corporation, a limited liability company or another entity. This choice affects who must be screened, who signs the application and who is liable. A local attorney or accountant can help you choose. Remember that the establishment license is tied to the licensee and cannot later be transferred to a different entity.

Stage three: the people. Select the designated establishment manager, and confirm that the person qualifies and will actually practice at the establishment. Identify everyone who must be screened. If the corporate test applies, include each individual directly involved in management. Begin the screening process for each person early, because fingerprint processing takes time.

Stage four: insurance. Obtain property damage and bodily injury liability insurance for the proposed establishment, and keep proof. The application requires proof of coverage. Ask an insurance agent what coverage fits your business, and tell the agent exactly what services you will offer.

Stage five: the premises. Prepare the space to meet the facility, safety, sanitary and equipment requirements of the Board's rule, which Chapter 13 describes. A pre-inspection walk-through with that chapter in hand saves time.

Stage six: the application. Complete the current application form, attach the information the Department requests and pay the application fee. Keep copies of everything.

Stage seven: inspection. The Department inspects the site. The license may not be issued until a passing result is received.

Stage eight: the decision. The Department denies the application in writing, with reasons, or grants the license when the establishment may reasonably be expected to meet the standards and the original licensing fee is paid.

Stage nine: opening. Open only when the license is issued. Display what the rules require, as Chapter 13 explains, and put your compliance calendar into use.

Stage ten: staying licensed. Keep the license current through renewal, report changes on time and prepare for periodic inspections.

The sequence makes plain that the license is not the beginning of compliance but the result of it. An owner who has taken each stage seriously will find that most of the work of compliance has been done by the time the license arrives.

12.5 How the Department decides

Sections 480.043(5) through (7) set the decision process:

1. Investigation. On receiving the application, the Department "may cause an investigation to be made of the proposed massage establishment" (subsection (5)).
2. Denial. If the application and any investigation show that the proposed establishment "would fail to meet the standards adopted by the board," the Department "shall deny the application." The denial must be in writing and list the reasons. After correcting the deficiencies, the applicant may reapply (subsection (6)).
3. Grant. If the Department determines the establishment "may reasonably be expected to meet the standards," it "shall grant the license under such restrictions as it shall deem proper as soon as the original licensing fee is paid" (subsection (7)).

The grant standard is forward-looking. The Department does not have to be certain the establishment will comply; it looks at whether it "may reasonably be expected" to. And the Department may attach restrictions to a license it grants. A written denial that lists reasons also gives the applicant a roadmap for fixing the problem.

12.6 When an application is denied

A denial is disappointing, but the statute gives it a structure that helps an applicant to respond. The Department must state its decision in writing and must list the reasons. After the applicant corrects the deficiencies, she may reapply. A sensible response has six steps.

Read the denial carefully. The letter should say why the Department concluded that the proposed establishment would fail to meet the standards. Underline each reason. Note any deadline for responding or reapplying.

Sort the reasons. Some reasons are about the premises, such as a missing item of equipment or a sanitation issue. Some are about the people, such as a screening result. Some are about the application, such as a missing document. The category determines what you need to do.

Fix what can be fixed. Premises problems can often be corrected with work or purchases. Application problems can be corrected with documents. Write a short plan listing each reason, the correction and the date it will be completed.

Ask questions. If a reason is unclear, ask the Department in writing what would satisfy it. Keep the reply.

Consider whether advice is needed. A reason that involves a person's criminal history, or a disagreement about whether a rule applies, may call for advice from an attorney who handles professional licensing. The statute tells you that you may reapply, but whether you have other options depends on the facts. Chapter 19 describes the general process for challenging agency action.

Reapply thoroughly. A second application should show that each reason has been addressed. Attach evidence of corrections, such as receipts, photographs of the corrected conditions and documents. Pay the fee and keep copies.

A denial based on a disqualifying offense of a person who must be screened is of a different kind. The statute directs the Department to deny the application where an owner, a designated manager or, for qualifying corporations, an individual directly involved in management has a listed disposition. In that situation, the question is whether that person is part of the application, and the owner may need to reconsider who holds which role. Before taking any step, get advice.

12.7 Inspections

Rule 64B7-26.004 sets two kinds of inspection.

Initial inspection. When the Department receives a completed application and fee, it "shall inspect the site, premises, or portion thereof listed on the application" to confirm that the space is to be used for massage therapy and meets the facility, safety, sanitary and equipment requirements of Rule 64B7-26.003 (the subject of Chapter 13).

Periodic inspection. The Department "shall make periodic inspections of all massage therapy establishments licensed in this state on an annual or more frequent basis." The inspection covers, at least, compliance with Rule 64B7-26.003 (operation, facilities, personnel, safety and sanitation) and "a review of existing insurance coverage." The statutory source is s. 480.043(11), which authorizes the Board to adopt rules for periodic inspection. Refusing to permit the Department to inspect the premises during regular business hours is itself a ground for discipline (s. 480.046(1)(m), Chapter 18).

12.8 Preparing for inspections

An inspection is not an ambush. The Department inspects before a license is issued, and then annually or more often. The more you prepare, the more routine each inspection becomes.

The initial inspection checks that the space is to be used for massage therapy and meets the facility, safety, sanitary and equipment requirements of the Board's operating rule. Chapter 13 explains those requirements. Before the inspection, walk through the space as if you were the inspector. Read each requirement and check it off. Take photographs. Fix what needs fixing.

The periodic inspection covers compliance with the operating rule, including operation, facilities, personnel, safety and sanitation, and a review of existing insurance coverage. Because inspections may occur without a long warning, the establishment should be in a state of readiness every day, and not only before an announced visit.

Four habits make readiness easier. First, keep the required documents together and easy to find, including the license, insurance policy and the records the rules require. Second, train staff on what to do when an inspector arrives: be courteous, call the manager, show identification and cooperate. Third, keep a log of cleaning and maintenance. Fourth, correct small problems the day you notice them.

Refusing to permit the Department to inspect the premises during regular business hours is a ground for discipline. If an inspector arrives, the manager should welcome the inspector, ask for identification and ask what the visit concerns. If the manager is unsure whether a particular request is within the inspector's authority, she should ask the Department, in a calm and cooperative way, and should not obstruct the inspection.

If an inspection finds a problem, ask what the problem is and what must be done to correct it. Write down the date and the name of the inspector. Correct the problem promptly, and keep proof of the correction. A record of prompt correction is a strong answer to any later question.

12.9 Screening of owners and managers

Chapter 6 taught fingerprint screening and the mandatory-denial offenses for therapists. The Act applies a parallel system to the business side.

Who is screened. Under s. 480.043(2):

• The establishment owner must comply with background screening under s. 456.0135.
• If a corporation submits proof of having more than $250,000 of business assets in this state, the Department requires screening of the establishment owner, the designated establishment manager, and each individual directly involved in the management of the establishment. (Rule 64B7-26.001 calls that last group interested parties; Chapter 2 defined the term.)
• The Board may adopt rules on the type of proof a corporation may submit.

What disqualifies. Under s. 480.043(8), the Department "shall deny an application for a new or renewal license" if any of those people (the owner, the designated manager and, for large corporations, any individual directly involved in management) has been convicted of or entered a plea of guilty or nolo contendere, regardless of adjudication, to:

• any misdemeanor or felony crime related to prostitution or related acts as described in s. 796.07, or
• a felony offense under any of the listed provisions (kidnapping, false imprisonment, luring or enticing a child, human trafficking, human smuggling, sexual battery, female genital mutilation, the former prostitution-of-minors statutes, forcing or coercing another into prostitution, deriving support from the proceeds of prostitution, lewd or lascivious offenses against children under 16 or against elderly or disabled persons, sexual performance by a child, protection of minors, computer pornography, transmission of material harmful to minors, and selling or buying of minors), or a similar provision in another jurisdiction.

How this list differs from the therapist list. The felony offenses are the same categories you studied in Chapter 6 and are not repeated there. Two differences matter:

• The establishment list is broader for prostitution. It reaches any misdemeanor or felony related to prostitution or related acts under s. 796.07. The therapist list reaches only a reclassified s. 796.07(2)(a) violation and a third-degree felony for a third or subsequent violation.
• Because of that breadth, the establishment list has no separate item for the third-or-subsequent-violation felony; it is already covered.

Because the mandatory denial applies to a renewal too, a conviction of an owner or manager after the license is issued can cost the establishment its renewal. The Board must also revoke or suspend an establishment license in related situations (s. 480.046(3), covered in Chapter 18).

12.10 Applying the corporate test

The $250,000 test in the screening statute is a source of confusion, so it is worth working through. The statute provides that every establishment owner must comply with background screening. If a corporation submits proof that it has more than $250,000 of business assets in this state, then the Department requires screening of the establishment owner, the designated establishment manager and each individual directly involved in the management of the establishment.

Three observations help.

The test is about the corporation's assets in Florida. The statute refers to business assets in this state. Assets elsewhere do not count toward the threshold. A company with many assets in another state and few in Florida does not meet the test on that basis.

The test is triggered by proof. The statute says that if a corporation submits proof of the assets, the Department requires the broader screening. The Board may adopt rules on the type of proof. A corporation that wishes to rely on the statute should ask the Department what proof it will accept.

The test applies to corporations. For other kinds of owner, such as individuals, the baseline requirement is that the owner is screened. If you are unsure whether your entity is a corporation for this purpose, ask the Department.

Who is directly involved in management? The phrase refers to individuals with a hands-on role in managing the establishment, not to every shareholder or every employee. The rule calls them interested parties. If a person has authority over how the establishment is run, the safest course is to assume that she is included until the Department tells you otherwise.

Why does the statute draw the line this way? A small establishment is typically run by its owner, so screening the owner and the manager covers the people in control. A larger corporation may place control in people who are neither the owner nor the manager, so the statute extends screening to the individuals who actually run the business. The design follows the accountability principle: screen the people who have power.

The practical advice is to identify early everyone who might be covered, to begin screening for each, and to keep records. If someone joins management later, the reporting rule applies, and the new person must be eligible.

12.11 The designated establishment manager

The most important role in an establishment, after the owner, is the manager the Act requires.

A condition of licensure. Section 480.043(12): "As a condition of licensure, a massage establishment must have a designated establishment manager." The designated 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."

Who qualifies was covered in Chapter 2: a massage therapist with a clear and active unrestricted license, a Chapter 457 practitioner, or a physician under Chapter 458, 459 or 460. A massage therapist serving as manager has additional duties under the Board's rule.

Replacing a manager. "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."

The consequence of having none. "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)." Summary suspension is an emergency measure that takes effect before the usual hearing process (Chapter 19). Notice the wording: the manager must be practicing at the location. Naming someone on paper who does not work there does not satisfy the statute.

Transition rule. An establishment licensed before July 1, 2019 had to identify a manager by January 1, 2020. That deadline is long past; every establishment now needs one.

The manager's duties: Rule 64B7-26.0035. When the manager is a massage therapist, the rule spells out the job. The therapist who serves as manager:

1. Practices in each establishment where serving as manager (subsection (1)).
2. Ensures the establishment operates in compliance with the law, Chapters 456 and 480, F.S., and Division 64B7, F.A.C. (subsection (2)).
3. For each establishment (subsection (3)):
   • (a) ensures every massage therapist practicing there is duly licensed and that the licenses are current and active;
   • (b) ensures every employee and therapist displays picture, full legal name, employment position and (for therapists) license as required by Rule 64B7-23.003 (Chapter 13);
   • (c) ensures the establishment stays in compliance with s. 480.0535(2) on documentation required while working (Chapter 14);
   • (d) ensures each therapist and any person working there has unrestricted access to their own valid government identification (Chapter 14);
   • (e) on a report of any potential violation of s. 480.0485 or Rules 64B7-23.005 or 64B7-26.010 relating to sexual misconduct or sexual activity, reports it to the Department within three days for investigation under s. 456.073(1) (Chapter 16);
   • (f) ensures all employees are fully clothed as s. 480.043(14) requires (Chapter 13);
   • (g) ensures compliance with human trafficking signage and procedures: that a reporting procedure exists under s. 480.043(13), that all therapists and employees know it, and that the manager neither engages in nor permits sexual activity in the establishment or its use to arrange sexual activity elsewhere, and does not allow condoms on the premises (Chapters 13 and 15).
4. Gives notice on leaving. A therapist who "no longer serves as DEM" must notify the Board within 3 days, including the establishment's license number and the date the therapist ceased serving (subsection (4)).

This list is a compact job description. It makes clear that the manager is personally answerable for the licensing, display, identification, reporting and conduct requirements that later chapters teach in detail. When those chapters describe an establishment's duty, the manager is the person charged with seeing that it is carried out.

Reporting changes to the Board: Rule 64B7-26.006. The establishment must submit form DH-MQA 5040, "Massage Establishment Change of Corporate Officer/Interested Party/Designated Establishment Manager" (06/2024), within 10 days of either of the following:

• A change in owners, officers or interested parties of the corporation that is the ownership entity. New owners, officers or interested parties must be eligible for licensure under Chapters 456 and 480 and the rules.
• A new manager is appointed because the former manager (a) no longer holds a clear and active unrestricted massage therapist license; (b) has been convicted of or pleaded guilty or nolo contendere to a misdemeanor or felony of the kind the rule refers to; (c) has been terminated, is no longer operating as manager, or is no longer designated the manager by the rules or practices of the establishment; or (d) terminates his or her own designation by written request to the Department.

A drafting note: item (b) of the rule cites "Section 480.046(8), F.S." Section 480.046 has no subsection (8). The disqualifying offenses for managers and owners are in s. 480.043(8), taught above. This is another example of the cross-reference drift described in Chapter 2: read the statute, not just the rule's citation.

12.12 The manager's deadlines at a glance

The manager's duties and the owner's reporting duties involve several short deadlines, and it is easy to confuse them. The table collects them in one place. Each deadline comes from the statute or rule you have studied in this chapter.

The most important lesson of the table is that the deadlines are short. Ten days and three days pass quickly, especially during a staffing change. An owner who learns that a manager is leaving should begin the replacement process at once, and should have a calendar reminder for each deadline.

What the manager must verify. The rule requires a therapist manager to ensure that every therapist practicing at the establishment is licensed and that the license is current and active. A practical method is to verify each license when a therapist is hired, and again at least before each renewal date, and to record the date and the result.

What the manager must ensure about the people. Everyone must display the picture, name and position that the rule requires, and each therapist and person working there must have unrestricted access to her own valid government identification. Chapters 13 and 14 explain these points. The manager's job is to see that they happen.

What the manager must do about conduct. The manager must report potential sexual misconduct or sexual activity violations within three days, ensure that employees are fully clothed, ensure that a human trafficking reporting procedure exists and is known, and not permit sexual activity at the establishment or the use of the establishment to arrange sexual activity elsewhere. The consequences of failure in these areas are severe, as Chapters 15, 16 and 20 explain.

What the manager must do when she leaves. She must notify the Board within three days, giving the establishment's license number and the date she stopped serving.

12.13 Choosing and supporting a designated manager

Because the manager is the person on whom the establishment's compliance most depends, choosing one is among the owner's most important decisions. A thoughtful process reduces risk.

Check eligibility. The Act allows a massage therapist with a clear and active unrestricted license, a Chapter 457 practitioner or a physician under Chapter 458, 459 or 460. Verify the license in the Department's records, not only on the candidate's word.

Check availability. The manager must practice at the establishment. A candidate who works full-time elsewhere, or who lives far away, may not be able to meet that requirement. Ask how many hours the candidate will actually be on site.

Check screening. The designated manager is subject to screening in a qualifying corporation. Even where it is not required by the statute, an owner may reasonably ask a candidate about her history and complete verification of her license and record.

Check understanding. The manager's duties are extensive. Walk through the rule with the candidate and ask how she would carry out each duty. A candidate who has read the rule is a better choice than one who has not.

Put the arrangement in writing. A written agreement should describe the manager's role, the days and hours she will be at the establishment, how she will be compensated, and what she will do when she leaves, including the notices required.

Support her. A manager who lacks authority cannot carry out her responsibilities. Give her the authority to enforce the rules, access to records and the owner's backing when she enforces a policy.

Plan for turnover. Because the replacement deadline is ten days, an owner should have a backup candidate in mind. A small establishment may identify a second qualified person who could step in.

Review regularly. At least once a year, sit down with the manager and review compliance, using the rule as a checklist. Fix what needs fixing.

12.14 No sale of the license: name and location changes

The license cannot be transferred. Section 480.043(9)(a) states that an establishment license issued to an individual, partnership, corporation, limited liability company or other entity "may not be transferred from the licensee to another individual, partnership, corporation, limited liability company, or another entity." In plain terms, a license is tied to the licensee. Someone who buys an establishment's business, assets or lease does not buy its license; the new owner must apply for its own license, with its own screening and inspection. (Chapter 8 noted that a school's change of ownership triggers a similar review; the establishment rule is stricter.)

Two things can be changed without a new license. Under s. 480.043(9), if there is no transfer of ownership:

• Location. 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" (paragraph (b)). The rule amount is $125 (Chapter 9).
• Business name. 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" (paragraph (c)). The rule amount is $25.

How it works: Rule 64B7-26.007. Both changes use form DH-MQA 1264, "Application for Massage Establishment Change of Name/Location" (07/2022), with the required fee:

• Name only: pay the fee and submit the form. No inspection is required.
• Location only, or location and name together: pay the fee and submit the form, and the establishment may not operate at the new location until (1) an inspection is completed, (2) a passing inspection result shows the new location is to be used for massage therapy and complies with Chapters 456 and 480 and the rules, and (3) the Department approves the transfer.

The key practical message: do not move the business and begin seeing clients at the new address first. Operating at an unapproved location is operating without a license for that place (Chapters 11 and 20).

12.15 Buying, selling and restructuring: a sequence

The rule against transfer matters most when a business changes hands, and it also matters when an owner changes her legal structure. A careful sequence protects both buyer and seller.

For a buyer. Before you sign, ask the seller for the current license, the most recent inspection results and proof of insurance, and read them. Decide whether you want the space, the equipment, the name and the clients, and treat the license as something you will obtain yourself. Begin your own application early, including screening for the people who must be screened. Plan the closing date so that there is no gap in which you are operating without a license. If the deal requires that the business remain open during the transition, ask the Department how that can be done lawfully. A purchase agreement should state that the sale is conditioned on the buyer obtaining her license.

For a seller. Do not tell a buyer that the license goes with the business. Tell the buyer what the law says and help her to apply. Keep your license current until the sale closes, and plan to close or transfer operations lawfully. Remember your records duties for clients, which Chapter 10 explains, including notification when a practice ends.

For an owner who restructures. Moving the business from an individual to a new corporation, or from one entity to another, is a change in the licensee. Because the statute bars transfer to another individual, partnership, corporation, limited liability company or other entity, the new entity needs its own license. An owner who wants to restructure should ask the Department in advance how to handle it.

For a name or location change without a change of owner. The statute and the rule allow the license to be moved to a new name or a new location without a new license, with the application, the fee and, for a move, an inspection and approval first.

Common mistakes. Treating a lease assignment as a license transfer, advertising under the new name before approval, and opening at a new address on the Monday after a weekend move are the most common errors. Each is avoidable by asking first.

12.16 What summary suspension means for an owner

The statute says that failure to have a designated establishment manager practicing at the location results in summary suspension of the establishment license. Because the term is unfamiliar, it is worth explaining.

Ordinarily, the Department follows a process of notice and hearing before it takes action against a license. Summary suspension is an emergency measure that allows a suspension to take effect before that process is complete, when the law provides for it. The statute for the manager requirement refers to the provisions on summary suspension in sections 456.073(8) and 120.60(6). Chapter 19 describes the procedures for disciplinary cases in more detail.

What does this mean for an owner? It means that the loss of the manager is not a minor administrative problem. If the establishment has no manager practicing at the location, the Department may suspend the license at once, and the establishment may not operate while the suspension is in effect. Clients are turned away, employees are idle and the business loses income.

The prevention is straightforward. Keep a qualified manager in place. Have a backup. Meet the ten-day deadline. If a manager leaves suddenly, notify the Department promptly and ask what must be done to remain in compliance.

If a suspension occurs, consult an attorney who handles professional licensing at once. The law provides ways to respond, and the speed of the response matters.

12.17 Frequently asked questions

Can a person who is not a massage therapist own an establishment? Yes. The Act licenses the establishment and its owner, and an owner need not be a therapist. The owner must meet the screening requirements and must have a qualified designated manager who practices at the establishment.

Can one person be the designated manager of more than one establishment? The rule states that a therapist manager practices in each establishment where she serves as manager. The statute requires the manager to practice at the establishment for which she is designated. Ask the Board how the rule applies before you plan an arrangement in which one person manages more than one location.

Do I need to tell the Department if I add a part-time therapist? The reporting rule in this chapter concerns changes in owners, officers, interested parties and the designated manager. Employment of therapists is governed by the operating rules, including verification of licenses and displays. Chapter 13 covers those duties.

Can I operate while my application is pending? No. No establishment may operate without a license, and the license cannot issue until a passing inspection result is received and the other conditions are met.

What if the inspector finds a problem on the day of the initial inspection? Ask what must be corrected, correct it and ask for a re-inspection. Keep records of each step.

May an establishment license be moved if I change my business structure? The license may be moved to a new name or location without a new license only if there is no transfer of ownership. A change in the legal entity is a change of licensee. Ask the Department before restructuring.

What if the manager is also the owner? One person may fill both roles. She must meet the requirements of each, including being a qualified manager who practices at the location.

12.18 More scenarios to practice

Scenario F: The manager on paper. An establishment names a licensed therapist as designated manager. She works full time at another city's clinic and visits the establishment once a month to sign papers. Is that adequate?

Discussion. No. The statute requires that the designated manager shall practice at the establishment for which she has been designated, and failure to have a manager practicing at the location results in summary suspension. A manager who visits monthly does not practice there in the sense the statute requires. The owner should designate someone who will actually practice at the establishment.

Scenario G: The late notice. The designated manager leaves on June 1. The owner finds a replacement on June 20 and files the paperwork on June 22. What is the problem?

Discussion. The owner must notify the Department of the identity of another designated manager within ten days after the termination, and the establishment must file the change form within ten days. June 22 is beyond ten days. The establishment may also have had no manager practicing at the location during the gap, which exposes the license to summary suspension. The owner should respond to any notice from the Department, explain what happened and put a backup plan in place.

Scenario H: The big corporation. A corporation shows the Department more than $250,000 of business assets in Florida. It has an owner, a designated manager and a regional director who sets staffing and schedules for the establishment but does not practice there. Must the director be screened?

Discussion. The statute requires screening of each individual directly involved in the management of the establishment when the corporate test is met. A regional director who sets staffing and schedules is likely to be directly involved in management. The corporation should ask the Department whether she is covered and, absent a clear answer, plan for her screening.

Scenario I: The rebrand and move. An owner decides to rename the establishment and move it down the street. She orders new signs, signs a lease and plans to reopen on the first of the month. What must she do first?

Discussion. She must submit the change of name and location application with the fee, and the establishment may not operate at the new location until an inspection is completed, a passing result is received and the Department approves the transfer. She should adjust her timeline, keep operating at the old location until approval, and avoid using the new name in advertising before approval.

Scenario J: The seller's promise. A buyer is told, "My license transfers to you as part of the sale." She plans to reopen the day after closing. What should she do?

Discussion. The license may not be transferred to another individual or entity. The buyer must apply for her own license, with screening and a passing inspection, before she operates. She should make the sale conditional on obtaining her license, and she should plan for a period when the business is not open.

Chapter summary

An establishment license places a business and its responsible people under the Board's authority. No massage establishment may operate without a license. An applicant submits the Department's form, information the Department requests and the application fee. Under Rule 64B7-26.002, a license may not be issued until a passing inspection result is received, and the applicant must submit proof of property damage and bodily injury liability insurance.

The Department may investigate. If the standards would not be met, it must deny the application in writing, listing the reasons, and the applicant may reapply after correcting the deficiencies. If the establishment may reasonably be expected to meet the standards, the Department grants the license, with any restrictions it considers proper, once the original licensing fee is paid. The Department inspects before licensure and then annually or more often, and refusing an inspection during regular business hours is a ground for discipline.

Every owner must be screened. For a corporation with more than $250,000 of business assets in Florida, screening extends to the designated manager and each individual directly involved in management. The Department must deny a new or renewal license if any of those people has a listed disposition, and the establishment list is broader than the therapist list because it reaches any misdemeanor or felony related to prostitution or related acts under section 796.07.

As a condition of licensure, an establishment must have a designated manager who is responsible for compliance and who practices at the location. Failure to have one results in summary suspension. The owner must notify the Department of a replacement within ten days. A therapist manager's duties include verifying licenses, ensuring displays and access to identification, reporting potential sexual misconduct within three days, ensuring employees are clothed, ensuring human trafficking procedures and notifying the Board within three days of ceasing to serve. The establishment must file a change form within ten days of a change in owners, officers or interested parties or a new manager.

An establishment license may not be transferred to another individual or entity, so a buyer must apply for her own license. A license may be moved to a new name, without inspection, or to a new location, only after inspection and approval, without a transfer of ownership.