Florida Massage Establishment License FAQ

What hours can a massage establishment operate?

Florida Statute
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.

Notes:
This new law pertaining to business hours of massage establishments took effect on October 1, 2013.

House bill 7005 prohibits the operation of massage establishments between the hours of midnight and 5:00 AM. Exemptions appear to apply to health care facilities, hotels, timeshares, and airports if the massage is performed under a medical prescription.

The new law also states that a massage establishment cannot be used as a primary residence unless it is zoned for residential use.

I am selling my business. Can I transfer the massage establishment license to the new owner?

Florida Statute
480.043 Massage establishments; requisites; licensure; inspection.

(9)(a) Once issued, no license for operation of a massage establishment may be transferred from one owner to another.
A Massage Establishment license cannot be transferred from owner to owner. A new owner needs to obtain a new license, have an inspection, and complete the required background screening.

Notes:
No. A new application, inspection, and background check are all required for a change in ownership.

What is a Massage Establishment?

Florida Statute
480.033 Definitions.—

(7) “Establishment” means a site or premises, or portion thereof, wherein a massage therapist practices massage.

Who needs a massage establishment license?

Florida Statute
480.043 Massage establishments; requisites; licensure; inspection.—

(1) No massage establishment shall be allowed to operate without a license granted by the department in accordance with rules adopted by the board.

Notes:
This topic always creates a lot of discussion in our community. In general, most people say if a client travels to you or your office, an establishment license is likely required. If you are a mobile massage therapist and travel to your client's location, you may not need an establishment license. Again, this is a generalization; exceptions do exist.

Can a non-massage therapist obtain an establishment license?

Notes:
Yes. Anyone can own a massage establishment license. However, if the owner, designated establishment owner, or individual in the management of the establishment has pleaded nolo contendere or has been convicted of specific crimes below, the application for a license will be denied.

Florida Statute
480.043 Massage establishments; requisites; licensure; inspection.—

(8) The department shall deny an application for a new or renewal license if an establishment owner or a designated establishment manager or, for a corporation that has more than $250,000 of business assets in this state, an establishment owner, a designated establishment manager, or any individual directly involved in the management of the establishment has been convicted of or entered a plea of guilty or nolo contendere to any misdemeanor or felony crime, regardless of adjudication, related to prostitution or related acts as described in s. 796.07 or a felony offense under any of the following provisions of state law or a similar provision in another jurisdiction:
(a) Section 787.01, relating to kidnapping.
(b) Section 787.02, relating to false imprisonment.
(c) Section 787.025, relating to luring or enticing a child.
(d) Section 787.06, relating to human trafficking.
(e) Section 787.07, relating to human smuggling.
(f) Section 794.011, relating to sexual battery.
(g) Section 794.08, relating to female genital mutilation.
(h) Former s. 796.03, relating to procuring a person under the age of 18 for prostitution.
(i) Former s. 796.035, relating to selling or buying of minors into prostitution.
(j) Section 796.04, relating to forcing, compelling, or coercing another to become a prostitute.
(k) Section 796.05, relating to deriving support from the proceeds of prostitution.
(l) Section 796.07(4)(a)3., relating to a felony of the third degree for a third or subsequent violation of s. 796.07, relating to prohibiting prostitution and related acts.
(m) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.
(n) Section 825.1025(2)(b), relating to lewd or lascivious offenses committed upon or in the presence of an elderly or disabled person.
(o) Section 827.071, relating to sexual performance by a child.
(p) Section 847.0133, relating to the protection of minors.
(q) Section 847.0135, relating to computer pornography.
(r) Section 847.0138, relating to the transmission of material harmful to minors to a minor by electronic device or equipment.
(s) Section 847.0145, relating to the selling or buying of minors.

What if the name of my establishment is different than my name?

Florida Administrative Code
64B7-26.002 Licensure of Massage Establishments.

(2) The application for licensure shall be submitted in the name of the owner or owners of the establishment. If the owner is a partnership, limited partnership or corporation, the application shall be submitted in the name of the business entity and shall be signed by an authorized representative.
(3) An owner operating an establishment under a fictitious name as defined in Section 865.09, F.S., must provide such name to the Board on the application for licensure. Any advertisement by the establishment of massage therapy must include the fictitious name, and must comply with Rule 64B7-33.001, F.A.C.

Do I need an establishment license for Farmers Markets, Craft Shows, or etc?

This is a gray area. After many years, I am still a little confused about this one. For mobile massage, it is clear that you are going to your client's location. But what if you are regularly attending a Saturday market and setting up your chair and clients travel to see you there. Isn't that confusing?

I know people that have worked at local farmers markets for years without issue. I also heard of someone that had to get an establishment license for a piece of concrete at a local farmers market. People have told me if you are invited to an event you do not need one, but also if you are at a location regularly you do. These are not written in the laws and rules anywhere. Contact the board office or a lawyer if you have a question about how this issue may affect your massage business.

Are there exceptions/exemptions from needing a massage establishment license?

Florida Statute

480.043 Massage establishments; requisites; licensure; inspection; human trafficking awareness training and policies.—

(14) Except for the requirements of subsection (13), this section does not apply to a physician licensed under chapter 457, chapter 458, chapter 459, or chapter 460 who employs a licensed massage therapist to perform massage on the physician’s patients at the physician’s place of practice. This subsection does not restrict investigations by the department for violations of chapter 456 or this chapter.

Notes:
This change occurred in July of 2014. To save you some time, here are the professions licensed under the above Chapters:

• Florida Statutes - Chapter 457 - ACUPUNCTURE
• Florida Statutes - Chapter 458 - MEDICAL PRACTICE
• Florida Statutes- CHAPTER 459 - OSTEOPATHIC MEDICINE
• Florida Statutes-CHAPTER 460 - CHIROPRACTIC MEDICINE

Another word you need to note is “EMPLOYS”. It does not say renter, independent contractor, or etc. Contact a lawyer or the board office if you have questions about how this law applies to your work/employment situation in one of these locations.

What happens if the place I am working at does not have a massage establishment license?

Florida Statute
480.046 Grounds for disciplinary action by the board.

(1)(o) Practicing massage at a site, location, or place which is not duly licensed as a massage establishment, except that a massage therapist, as provided by rules adopted by the board, may provide massage services, excluding colonic irrigation, at the residence of a client, at the office of the client, at a sports event, at a convention, or at a trade show.
64B7 30.001 F.A.C.
(3) Offering massage therapy at a sports event, convention or trade show without obtaining the written approval of the owner or property manager of the site at which the sports event, convention or trade show is held.

Notes:
If a massage therapist is found working at a business without an establishment license, the massage therapist is also reprimanded. Make sure you check a location’s establishment license before you accept a job or rental agreement.

Discipline for violating the above statute can be found in the Florida Administrative Code, CHAPTER 64B7-30 DISCIPLINE. Discipline can include fines, suspensions, and revocation of a massage therapy license.

Am I required to have an inspection?

Florida Administrative Code
64B7-26.004 Inspection Upon Application for License.

Upon receipt of an application for a massage establishment license, employees of the Department shall cause an inspection to be made of the site. Such inspection shall be to confirm that the site is to be utilized for “massage” as defined by Section 480.033(4), F.S., and that the criteria enunciated in Rule 64B7-26.003, F.A.C., are satisfied.

Notes:
Yes. The Department of Health (DOH) is in charge of inspections of massage establishments.

Click here for a Sample Inspection Form used by the Department of Health inspectors.

For a printable version of these requirements, click here.

What are the fees for a massage establishment?

See Chapter: 64B7-27 Fee Schedule for the most recent license and renewal fees.

Notes:
Current Fees (As of 9/2019) are as follows:
Application and License Fee - $255.00
License Renewal Fee - $105.00 (Due every August 31st of odd-numbered years)

What are inspectors looking for during an inspection?

Florida Administrative Code
64B7-26.003 Massage Establishment Operations.

(1) Each establishment must meet the following facility requirements:
(a) Comply with all municipal building code requirements.
(b) Provide restroom facilities, which include at a minimum:
1. One toilet and one sink with running water.
2. Toilet tissue.
3. Soap dispenser with soap or other hand sanitizing agent.
4. Sanitary towels for hand drying, or another hand drying device, such as a wall-mounted electric blow dryer.
5. Waste receptacle.
(c) Centralized restroom facilities within three hundred feet of the massage establishment may be substituted for establishments which reside in buildings that are so equipped.
(d) When equipped with a whirlpool bath, sauna (including wet, dry and infrared), steam cabinet or steam room, provide shower facilities which include at a minimum:
1. One shower fixture with running hot and cold water.
2. Separation of shower facility from other facilities by means of a curtain or other visual divider.
(e) Provide lavatory facilities in each treatment room, or within twenty feet of each treatment room which include at a minimum:
1. A sink with running water, soap dispenser with soap, and sanitary towels for hand drying or another hand drying device, such as a wall-mounted electric blow dryer, or
2. Hand sanitizer or another chemical germicidal designed to disinfect without the use of running water.
(f) Maintain all facilities in good repair, well-lighted and properly ventilated.
(2) Each establishment must meet the following safety requirements:
(a) Maintain a fire extinguisher on premises, which meets standards for inspection and maintenance as required by Rule 69A-21.237, F.A.C., effective October 20, 1993, incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-11510.
(b) Provide for safe storage and removal of flammable materials.
(3) Each establishment must meet the following sanitary requirements:
(a) Provide for the removal of refuse.
(b) Use effective control measures to prevent entry and harborage of vermin and pets.
(4) Each establishment must meet the following requirements for equipment and supplies used in the practice of massage therapy:
(a) All equipment intended for use in the performance of massage services must be maintained in a safe and sanitary condition.
(b) Massage table surface must be made of, or covered by, a non-porous, non-absorbent material that is free from rips or tears.
(c) Non-porous, non-absorbent massage table surface or covering must be disinfected after each client.
(d) If the massage table is additionally covered by sheets, towels, or other coverings in addition to a non-porous, non-absorbent material, such covering must be changed after each client.
(e) Maintain a sufficient supply of clean drapes for each client while massage services are performed.
“Drapes,” as used herein, may include, but shall not be limited to: towels, gowns, sheets and linens.
(f) Drapes and other materials furnished for use by the client must be laundered before reuse.
(5) Establishments which provide colonic irrigation must:
(a) Maintain colonic irrigation equipment in safe and sanitary condition.
(b) Maintain sterilization equipment if non-disposable colonic attachments are used.
(6) Each establishment shall maintain property damage and bodily injury liability insurance. The original or a copy of such policy shall be current and available on the premises of the establishment.

Notes:
Here is a sample inspection form. If you look closely, they are checking for each of the Board rules.

Also, don't forget about your human trafficking signs (yes, signs). One needs to have the establishment's procedures for reporting human trafficking.

Will the inspector call before an inspection?

According to the Board website:
For new establishments, the owner of the establishment will be contacted by the inspector to set an appointment to conduct the initial inspection. For current licensees, the inspector may visit the facility at any time to conduct a routine inspection of your licensed establishment each year.

How often is a massage establishment inspected?

Florida Administrative Code
64B7-26.005 Periodic Inspections.

The Department shall make periodic inspections of all massage establishments licensed in this state no less than once each year. Such inspection shall include, but not be limited to, whether the establishment is in compliance with Rule 64B7-26.003, F.A.C., governing the establishment’s operation facilities, personnel, safety, sanitary requirements, and a review of existing insurance coverage.

Notes:
"No less than once each year." Plan on yearly inspections of your establishment by the Department of Health.

Do I need to be fingerprinted for a massage establishment license?

Massage establishment owners need to be fingerprinted and have a background check by the FDLE as part of the application process.

LiveScan is an ink-less digital fingerprint used throughout the country by law enforcement, state agencies, and employers. You can use any Board-Approved Livescan service provider to submit fingerprints. Your Livescan provider will electronically send your fingerprints to the Florida Department of Law Enforcement (FDLE).

If you are also applying for a massage therapist license, most likely you do not need to be fingerprinted twice. You should be able to "link" your massage therapist and massage establishment licenses.

Are there continuing education requirements for renewing a massage establishment license?

No. Not at this time.

Does my massage establishment also need a Florida salon license?

If you have a licensed cosmetologist, facial specialist (esthetician), nail specialist (nail tech), or full specialist (both nail and facial licenses) working in your massage establishment, then a salon license issued by the Florida Board of Cosmetology is likely required in addition to your massage establishment license.

And vice versa, licensed salons that want to have a massage therapist offering massage within the salon should also obtain a massage establishment license.

For more information on Florida salon licenses, visit FloridaCosmetologist.com

I am moving my business or changing names. Can my establishment license be transferred to another name or location?

Florida Statute
480.043 Massage establishments; requisites; licensure; inspection.

(9)(b) 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.
(c) 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.

64B7-26.007 Massage Establishment Change of Name/Location.

there is no change of ownership, the massage establishment may change the name or location of the establishment

There are applications on the Board's website for name and locations changes. A change in name does not require and inspection, but a change in location does.

If you sell your establishment, the new owners will need to apply for a new license, complete a background check, and have new inspection.

I am renting a space. Who should own the establishment license, the building owner or renter?

If you are renting a space, ask if there is a massage establishment license for the location. It is your responsibility to check this and make sure it is valid. If an establishment is found without a valid license, it is typically the practitioner that is penalized the most, not the establishment.

If you are an employee, the owners of the business will need to obtain the establishment license, not the massage practitioner.

If you are in a renting situation, either the landlord or the massage therapist may obtain the establishment license. An establishment license is owner specific so if the license is filed in the therapist’s name and the therapist leaves, she/he may take that establishment license to a new location. If the establishment license is in the name of the landlord then the license will remain at the facility (chiro, salon, etc...) if the therapist leaves the establishment for a new location.

I share an office with another massage therapist. Can we have multiple establishment licenses in our building/office?

If you share an office inside the same suite, I have been told that there can only be one establishment license per location. Contact the board office if you are in this situation for verification.

If there is a building with multiple massage therapists in different suites, everyone should be able to obtain their own establishment license.

What type of insurance do I need for a massage establishment?

Florida Administrative Code
64B7-26.003 Massage Establishment Operations.

(4) Financial responsibility and insurance coverage. Each establishment shall maintain property damage and bodily injury liability insurance coverage. The original or a copy of such policy shall be available on the premises of the establishment.

Notes:
This is another common question. Is your AMTA, ABMP, or other professional liability enough? Honestly, it is impossible for me to say since each policy is different. Contact your insurance carrier to see what is included in your policy.

Should a license be displayed in a massage establishment?

Florida Administrative Code
64B7-28.008 Display of Licenses.

(1) Each licensed practitioner shall conspicuously display a current license issued by the Department, or photo copy thereof, at each location at which he or she practices.
(a) Effective on August 1, 2012, for each inital license or duplicate license issued the licensee must attach to the displayed license a 2 inch by 2 inch photograph of the individual whose name appears on the certificate which was taken within the previous two years.
(b) Effective on September 1, 2013, the licensee must attach to the displayed license a 2 by 2 inch photograph of the individual whose name appears on the certificate which was taken within the previous two years.
(2) Each apprentice shall conspicuously display his or her apprentice certificate issued by the Board office, in the establishment for which it has been issued. Effective on August 1, 2012, the licensee must attach to the displayed license a 2 inch by 2 inch photograph of the individual whose name appears on the certificate which was taken within the previous two years.
(3) The owner of each massage establishment shall conspicuously display a current establishment license issued by the Department on the premises.

Notes:
Massage therapy and massage establishment licenses should be displayed in an establishment. A massage therapy license must also have a 2 by 2 photo of the licensee that is less than two years old. A passport photo is an easy solution for this requirement.

What type of identification is needed while working in a massage establishment?

Florida Statute
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 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
(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 paragraph (1)(a) for each employee and any person performing massage therapy in the establishment.
3. A copy of the documents required under s. 480.043(14)(d) and (f).
(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.
(3) A person who violates this section commits:
(a) For a first violation, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) For a second violation, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) For a third or subsequent violation, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) The department shall notify a federal immigration office if a person operating a massage establishment, an employee, or any person performing massage therapy in a massage establishment fails to provide valid government identification as required under this section.

Notes:
This i law and pretty self-explanatory. A person employed by a massage establishment and any person performing massage must present, upon the request of an investigator of the department or a law enforcement officer, valid government identification while in the establishment. The above law lists all valid forms of identification a person can use. They recently added the last part about notifying federal immigration when warranted.

How can I check to see if a massage establishment is licensed?

You can verify a massage therapist and massage establishment license here.

Who do I contact if I believe an establishment is not licensed?

You can report unlicensed activity, or ULA, here.

What do “MA” and “MM” each mean?

A massage therapist license is indicated by the prefix “MA” (Ivy Hultquist, L.M.T. MA66325).

A massage establishment license is indicated by the prefix “MM”.

Why do I pay $5 Unlicensed Activity fee each renewal?

456.065 Unlicensed practice of a health care profession; intent; cease and desist notice;

(3) Because all enforcement costs should be covered by professions regulated by the department, the department shall impose, upon initial licensure and each licensure renewal, a special fee of $5 per licensee to fund efforts to combat unlicensed activity. Such fee shall be in addition to all other fees collected from each licensee.

Notes:
All licenses under Chapter 456, including massage therapists and massage establishments, pay $5 each renewal to help combat unlicensed activity.

What is new human trafficking law and how does it affect massage establishments?

Here are some details on the 2020 Bill requirements:
Department of Health Website Information

House Bill 197 in 2024 added new requirements. Those can be found here:

HB 197

Am I required to post a human trafficking sign in my massage establishment?

House Bill 851 was passed and effective 7/1/2019.

Massage establishments are actually required to have TWO signs pertaining to human trafficking.

The first sign is required by 456.0341(3), Florida Statutes.

Here are some quick sign requirements. The sign must be at least 11 x 15 inches, at least 32-point type, and contain statutorily required language and be posted in English and Spanish. The Department has also provided Mandarin (Chinese) translations of these signs for use in offices where those languages are spoken.

The links below contain signs that meet the statutory requirements when printed at the listed size.

English/Spanish
English/Spanish/Mandarin (Chinese)

The second sign is required by 480.043(13), Florida Statutes. It must contain the establishment's human trafficking reporting procedure. This sign must be posted in a conspicuous place that is accessible to your employees.

What is a Designated Establishment Manager, or DEM?

This is another change created by House Bill 851.

The law defines both “Establishment Owner” and “Designated Establishment Manager.”

An establishment owner is a person who has ownership interest in a massage establishment.

A “designated establishment manager,” or DEM, is a massage therapist who holds a clear and active massage license without restriction. The DEM is responsible for the operation of a massage establishment in accordance with the provisions of law and rules. The establishment license owner can also be the DEM. I mention this because I have had some solo LMTs contact me because they thought they needed to hire another LMT to be the DEM.

By January 1, 2020, every massage establishment licensed before July 1st, 2019, must identify an establishment manager. All establishment license applications after July 1, 2019, need to name a DEM on the application.

Here is the form for selecting a DEM for your establishment.

480.033 Definitions.— F.S.

(7) “Designated establishment manager” means a massage therapist who holds a clear and active license without restriction; a health care practitioner licensed under chapter 457; or a physician licensed under chapter 458, chapter 459, or chapter 460, who is responsible for the operation of a massage establishment in accordance with the provisions of this chapter, and who is designated the manager by the rules or practices at the establishment.

64B7-26.0035 Designated Establishment Managers. F.A.C.

(1) The Designated Establishment Manager (DEM) must practice in the massage establishment and is responsible for ensuring that the massage establishment is in compliance with the law, Chapters 456 and 480, F.S., and Division 64B7, F.A.C.

(2) A Florida licensed massage therapist serving as DEM of a massage establishment shall ensure that establishment is operating in compliance with the laws and rules governing the practice of massage therapy, including;

(a) The serving DEM must ensure that every massage therapist, practicing in the massage establishment is duly licensed, current and active;

(b) The serving DEM must ensure that the massage establishment remains in compliance with Section 480.0535(2)(a)2, F.S., concerning documentation required while working in an establishment;

(c) The serving DEM must ensure that each licensed massage therapist has unrestricted access to their personal valid government identification to comply with Section 480.0535(1), F.S.;

(d) The serving DEM must, upon a report of possible violations of Section 480.0485, F.S., and/or Rule 64B7-26.010, F.A.C., related to sexual misconduct, report the incident to the Board within three days;

(e) The serving DEM must ensure compliance with the provisions of Sections 456.0341, and 480.043, F.S., regarding human trafficking, including ensuring that all practitioners are aware of the establishment’s procedure for reporting suspected human trafficking; and

(f) The serving DEM must ensure that the massage establishment practices in a manner consistent with law and rules, preventing discipline under the provisions of Sections 456.072, and 480.046, F.S., and ensuring the massage establishment notifies the Board that specific DEM is no longer serving as the establishment’s DEM, and a replacement DEM is named, within 10 days.

(3) The DEM must notify the Board, within 3 days, if he or she is no longer serving as the DEM for a massage therapy establishment.

Does the establishment license number need to be included in advertisements?

480.0465 Advertisement.

Notes:
"Any advertisement" means any advertisement. Don't forget about spa menus, business cards, Facebook pages, and websites. If you list both your name and your business name, you should include both license numbers. For example:

Jane Smith MA00000 at FloridaMassage MM00000

Can I have a massage establishment in my home?

By far, one of the most common questions.

Yes and no.

The short answer is that if your home is zoned residential, you should be able to obtain an establishment license in your home as long as it meets the requirements for inspection. There are not any state laws or board rules that prohibit a home in a residential area from obtaining a massage establishment license.

However, some cities/counties prohibit massage establishment home businesses. I am looking at you Orlando!

Contact your city or county government if you have questions about having a massage establishment in your home.

If your home is not zoned residential, read below.

Florida Statute
480.0475 Massage establishments; prohibited practices.

(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.

More Notes:
The above law prohibits a licensed massage establishment from being used as a residence unless it is zoned residential. This is an anti-human trafficking law. In cases of human trafficking, some victims were living in the rear portion of massage establishment businesses in strip malls or other areas zoned for business.

Where do I apply for a massage establishment license?

Need the massage establishment application? Apply Online or Printable

Do I need an occupational license or permit from my city or county?

Possibly.

There are far too many individual County and City ordinances in Florida for me to track alone. If you have questions about your county or city business/occupational licenses, permits, regulations or ordinances, contact your local county administration.

Here is an example for Manatee County.

What are the new client records, window coverings, and signage laws?

Florida Statute 480.043 Massage establishments; requisites; licensure; inspection; human trafficking awareness training and policies.—

(13) By January 1, 2025, a massage establishment shall implement a procedure for reporting suspected human trafficking to the Florida Human Trafficking Hotline, 1-855-FLA-SAFE, or to a local law enforcement agency and shall post in a conspicuous place in the establishment which is accessible to employees a sign with the relevant provisions of the reporting procedure.
(14) In order to provide the department and law enforcement agencies the means to more effectively identify persons engaging in human trafficking at massage establishments, the following apply:
(a) Sexual activity in a massage establishment is prohibited. An establishment owner or employee may not engage in or allow any person to engage in sexual activity in the establishment or use the establishment to make arrangements to engage in sexual activity in another location. Used or unused condoms are prohibited in a massage establishment.
(b) If there is an outside window or windows into the massage establishment’s reception area, the outside window or windows must allow for at least 35 percent light penetration and no more than 50 percent of the outside window or windows may be obstructed with signage, blinds, curtains, or other obstructions, allowing the public to see the establishment’s reception area. A sign must be posted on the front window of the establishment that includes the name and license number of the massage establishment and the telephone number that has been provided to the department as part of licensure of the establishment. This paragraph does not apply to:
1. A massage establishment within a public lodging establishment as defined in s. 509.013(4).
2. A massage establishment located within a county or municipality that has an ordinance that prescribes requirements related to business window light penetration or signage limitations if compliance with this paragraph would result in noncompliance with such ordinance.
(c) All employees within the massage establishment must be fully clothed, and such clothing must be fully opaque and made of nontransparent material that does not expose the employee’s genitalia. This requirement does not apply to an employee, excluding a massage therapist, of a public lodging establishment, as defined in s. 509.013(4), that is licensed as a clothing-optional establishment and chartered with the American Association for Nude Recreation.
(d) A massage establishment must maintain a complete set of legible records in English or Spanish, which must include each employee’s start date of employment, full legal name, date of birth, home address, telephone number, and employment position and a copy of the employee’s government identification required under s. 480.0535. All information required under this paragraph must be recorded before the employee may provide any service or treatment to a client or patient.
(e) A massage establishment must conspicuously display a 2 inch by 2 inch photo for each employee, which, for massage therapists, must be attached to the massage therapist’s license. Such display must also include the employee’s full legal name and employment position. All information required under this paragraph must be displayed before the employee may provide any service or treatment to a client or patient. A massage establishment within a public lodging establishment as defined in s. 509.013(4) may satisfy this requirement by displaying the photos and required information in an employee break room or other room that is used by employees, but is not used by clients or patients.
(f) A massage establishment must maintain a complete set of legible records in English or Spanish, which must include the date, time, and type of service or treatment provided; the full legal name of the employee who provided the service or treatment; and the full legal name, home address, and telephone number of the client or patient. Medical records may satisfy this requirement if the records include the specified information. A copy of the client’s or patient’s photo identification may be used to provide the full legal name and home address of the client or patient. Records required under this paragraph must be maintained for at least 1 year after a service or treatment is provided. All information required under this paragraph must be collected and recorded before any service or treatment is provided to a client or patient. The establishment must confirm the identification of the client or patient before any service or treatment is provided to the client or patient.
(15) Except for the requirements of subsection (13), this section does not apply to a practitioner licensed under chapter 457 or a physician licensed under chapter 458, chapter 459, or chapter 460 who employs a licensed massage therapist to perform massage therapy on the practitioner’s or physician’s patients at her or his place of practice. This subsection does not restrict investigations by the department for violations of chapter 456 or this chapter.

Course Notes

These additions took effect July 1st, 2024. There are some VERY important changes to be aware of here whether you are new to Florida or renewing for the twentieth time. These were enacted to further help inspectors shut down illicit massage establishments and combat human trafficking. I know some people find they are making things harder on a majority of ethical massage therapists, but these are the laws. My hope is that they truly do help those that need help - get the help they need.

Things to note before your inspection:

• Window coverings and signage - "at least 35 percent light penetration and no more than 50 percent of the outside window or windows may be obstructed with signage, blinds, curtains, or other obstructions, allowing the public to see the establishment’s reception area. A sign must be posted on the front window of the establishment that includes the name and license number of the massage establishment and the telephone number that has been provided to the department as part of licensure of the establishment."
• Detailed records of all employees at the establishment = Additionally "Employee" is defined in 480.033 Definitions. FS as
  (8) “Employee” means any person, including, but not limited to, independent contractors or lessees of a massage establishment, whose duties involve any aspect or capacity of the massage establishment, including, but not limited to, preparing meals and cleaning regardless of whether such person is compensated for the performance of such duties. The term does not include a person who is exclusively engaged in the repair or maintenance of the massage establishment or the delivery of goods to the establishment.
• Records of all clients - this must include "the date, time, and type of service or treatment provided; the full legal name of the employee who provided the service or treatment; and the full legal name, home address, and telephone number of the client or patient"