1(1) 2No massage establishment shall be allowed to operate without a license granted by the department in accordance with rules adopted by the board.
25(2) 26An establishment owner shall comply with the background screening requirements under s. 38456.013539. However, if a corporation submits proof of having more than $250,000 of business assets in this state, the department shall require the establishment owner, the designated establishment manager, and each individual directly involved in the management of the establishment to comply with the background screening requirements under s. 89456.013590. The board may adopt rules regarding the type of proof that may be submitted by a corporation. 108(3) 109The board shall adopt rules governing the operation of establishments and their facilities, personnel, safety and sanitary requirements, financial responsibility, insurance coverage, and the license application and granting process.
138(4) 139Any person, firm, or corporation desiring to operate a massage establishment in the state shall submit to the department an application, upon forms provided by the department, accompanied by any information requested by the department and an application fee.
178(5) 179Upon receiving the application, the department may cause an investigation to be made of the proposed massage establishment.
197(6) 198If, based upon the application and any necessary investigation, the department determines that the proposed establishment would fail to meet the standards adopted by the board under subsection (3), the department shall deny the application for license. Such denial shall be in writing and shall list the reasons for denial. Upon correction of any deficiencies, an applicant previously denied permission to operate a massage establishment may reapply for licensure.
267(7) 268If, based upon the application and any necessary investigation, the department determines that the proposed massage establishment may reasonably be expected to meet the standards adopted by the department under subsection (3), the department shall grant the license under such restrictions as it shall deem proper as soon as the original licensing fee is paid.
323(8) 324The 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. 411796.07 412or a felony offense under any of the following provisions of state law or a similar provision in another jurisdiction:432(a) 433Section 434787.01, 435relating to kidnapping. 438(b) 439Section 440787.02, 441relating to false imprisonment. 445(c) 446Section 447787.025, 448relating to luring or enticing a child. 455(d) 456Section 457787.06, 458relating to human trafficking. 462(e) 463Section 464787.07, 465relating to human smuggling. 469(f) 470Section 471794.011, 472relating to sexual battery. 476(g) 477Section 478794.08, 479relating to female genital mutilation. 484(h) 485Former s. 487796.03, 488relating to procuring a person under the age of 18 for prostitution. 500(i) 501Former s. 503796.035, 504relating to selling or buying of minors into prostitution. 513(j) 514Section 515796.04, 516relating to forcing, compelling, or coercing another to become a prostitute. 527(k) 528Section 529796.05, 530relating to deriving support from the proceeds of prostitution. 539(l) 540Section 541800.04, 542relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age. 562(m) 563Section 564825.1025(2)(b), 565relating to lewd or lascivious offenses committed upon or in the presence of an elderly or disabled person. 583(n) 584Section 585827.071, 586relating to sexual performance by a child. 593(o) 594Section 595847.0133, 596relating to the protection of minors. 602(p) 603Section 604847.0135, 605relating to computer pornography. 609(q) 610Section 611847.0138, 612relating to the transmission of material harmful to minors to a minor by electronic device or equipment. 629(r) 630Section 631847.0145, 632relating to the selling or buying of minors. 640(9)(a) 641A massage establishment license issued to an individual, a partnership, a corporation, a limited liability company, or another entity may not be transferred from the licensee to another individual, partnership, corporation, limited liability company, or another entity.
678(b) 679A 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.
715(c) 716A 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.
748(10) 749Renewal of license registration for massage establishments shall be accomplished pursuant to rules adopted by the board. The board is further authorized to adopt rules governing delinquent renewal of licenses and may impose penalty fees for delinquent renewal.
787(11) 788The board is authorized to adopt rules governing the periodic inspection of massage establishments licensed under this act.
806(12) 807As a condition of licensure, a massage establishment must have a designated establishment manager. The designated establishment 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. 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. 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. 906456.073(8) 907or s. 909120.60(6)910. An establishment licensed before July 1, 2019, must identify a designated establishment manager by January 1, 2020. 928(13) 929By January 1, 2021, a massage establishment shall implement a procedure for reporting suspected human trafficking to the National Human Trafficking Hotline 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.
983(14) 984Except 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.
