Licensed Massage Establishment

Massage establishment licenses are issued to a sole proprietor or business entity (partnership, corporation, limited liability company, or other) to operate a massage establishment in a specific location. Entities with more than one location will hold an establishment license for each location.

It is important to consider what type of entity to apply for a massage establishment license under, as this cannot be changed, pursuant to 480.043(9)(a), Florida Statutes:

A 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.

For more information on what constitutes a change in ownership entity, visit our Frequently Asked Questions.

To avoid delays, ensure all filing for your business is correct with the Division of Corporations before submitting your application for a massage establishment license, including your fictitious name registration, if required.

For information about forming a partnership, corporation, limited liability company, or registering a fictitious name, and for information about updating your filings, visit www.sunbiz.org.

Before applying for a Massage Establishment license, you must determine who owns the establishment and identify all individuals who must be reported on the application. 

Sole Proprietorship 

If the establishment is owned by one individual and is not registered as a separate business entity, the individual owner is the applicant. You must use your social security number when submitting this application. 

Corporation, Limited Liability Company (LLC), Partnership, or Other Business Entity 

If the establishment is owned by a business entity, the applicant is the business entity. The application must identify all owners, officers, directors, members, managers, partners, and any other individuals with an ownership interest or controlling interest in the establishment as required by law. 

Important Information 

The Department conducts background screening on individuals associated with the ownership and operation of a massage establishment as required by section 480.043, Florida Statutes. Failure to disclose all required owners and controlling interests may delay processing of the application or result in denial of licensure. 

Before beginning the application, ensure you have: 

• The legal name of the business entity, if applicable. 

• The business entity’s Federal Employer Identification Number (FEIN), which must be registered with the Division of Corporations. 

• Documentation identifying all owners and controlling interests. 

• Information necessary to complete required background screenings. 

Per Rule 64B7-26.002, F.A.C., all massage establishments are required to procure and maintain property damage and bodily injury liability insurance coverage for the proposed massage establishment. Documentation of insurance coverage—specifically the Declarations page—must include the name and physical address of the massage establishment (upon request, insurers will provide certification that satisfies these requirements).

NOTE: specific background requirements are dependent on the establishment structural type

Per 480.043, F.S., an establishment owner shall comply with the background screening requirements under s. 456.0135. 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. 456.0135.

NOTE: all owners, managers, licensed practitioners associated with a massage establishment must comply with the background screening requirements outlined below. 

General Background Screening

Applicants for initial licensure must use a Livescan service provider to submit a set of fingerprints to the Florida Department of Law Enforcement (FDLE) for the purpose of conducting a search for any Florida and national criminal history records that may pertain to applicant. The results of the search will be returned to the Care Provider Background Screening Clearinghouse and made available to the Department for consideration during the licensure process. The fingerprints submitted by the applicant will be retained by FDLE and the Clearinghouse. All costs for conducting a criminal history background screening are borne by the applicant.

It is important to use the correct Originating Agency Identification (ORI) when submitting fingerprints. If you do not provide an ORI number or if you provide an incorrect ORI number to the service provider, the board office will not receive your fingerprint results, so it is extremely important to use the correct ORI when having your fingerprints scanned.

Applicants can use any FDLE approved Livescan service provider to submit their fingerprints. The applicant is fully responsible for selecting the service provider and ensuring the results are reported to the Department.  If you are applying for initial licensure after December 15, 2012, You must print this form and take it with you to a Livescan service provider. For more information, FAQs, and a list of all approved Livescan service providers please visit the Department’s website at: FLHealthSource.gov/Background-Screening.

• A Designated Establishment Manager (DEM),who is a massage therapist with an active license without restrictions, who is responsible for the operation of the establishment in compliance with Chapters 456 and 480, Florida Statutes and Rule 64B7, Florida Administrative Code.
  Massage therapists who are establishment owners may also serve as the DEM for that establishment.
• Background screening of every establishment owner completed through an approved Livescan provider. Establishment owners are:
  • Each partner in a partnership,
  • Each owner/officer of a corporation, and each interested party for corporations with more than $250,000 in business assets in the state of Florida, or
  • Each member of an LLC.

  Your massage establishment owners will be verified using your most recent filing with the Division of Corporations. Massage therapists who are owners have already met this requirement in most cases; you may be required to complete a new background screening if the screening required to become licensed as a massage therapist was not retained. Visit FLHealthSource.gov/Background-Screening for additional information about the background screening process. 

• Personal injury and bodily liability insurance for your establishment. You will need to submit a copy of your insurance documentation showing coverage at your establishment location to meet this requirement.
• Fictitious Name Registration for any “doing business as” (D/B/A) name. If you provide a D/B/A and intend to advertise under a name that is not the name of your partnership, corporation or limited liability company you will be required to provide your registration.
  Fictitious name registration will be verified with the Division of Corporations.

Health History

If a “Yes” response was provided to any of the questions in this section, provide the following documents directly to the board office:

A letter from a Licensed Health Care Practitioner, who is qualified by skill and training to address the condition identified, which explains the impact the condition may have on the ability to practice the profession with reasonable skill and safety. The letter must specify that the applicant is safe to practice the profession without restrictions or specifically indicate the restrictions that are necessary. Documentation provided must be dated within one year of the application date.

A written self-explanation, identifying the medical condition(s) or occurrence(s); and current status.

Disciplinary History

If you have ever been denied a license, had disciplinary action taken against a license, have action pending against a license, or have had other action taken against you by a licensing agency (e.g. unlicensed activity) you will need to submit the following for each denial, action, pending action or prior action:

• Self-Explanation describing in detail the circumstances surrounding the circumstances of the action.
• Agency records of that action, including all administrative complaints and final orders.

Disciplinary history requires review by the Board of Massage Therapy during a regularly scheduled meeting; board staff cannot advise you as to how the board may find based on disciplinary history, as applications which require board review are evaluated by the board on a case-by-case basis.

Reviews are scheduled for 90 or less days from the date your application is complete, including receipt of all supporting documentation. When your application is scheduled for review, you will be notified in writing by board staff.

Failure to disclose disciplinary history on your application may result in the denial of your application or conditions imposed on your license once issued.

Criminal History

If you have been found guilty of or had adjudication withheld for, or pled guilty or nolo contendere (no contest) to a crime in any jurisdiction other than a minor traffic offense, you will need to need to submit the following for each conviction:

• Self-Explanation describing in detail the circumstances surrounding the arrest and conviction.
• Arrest records from the arresting jurisdiction.
• Final disposition of the case.
• Documents showing completion of sentence (probation, parole, sanctions, fines, etc.).

If arrest, disposition, or completion of sentencing records are unavailable, the clerk of courts or other agency responsible for those records may submit documentation attesting to the unavailability of those records.

Some convictions may require review by the Board of Massage Therapy during a regularly scheduled meeting. Board staff cannot advise you as to how the board may find based on documented criminal history, as applications which require board review are evaluated by the board on a case-by-case basis.

Reviews are scheduled for 90 or less days from the date your application is complete, including receipt of all supporting documentation. If your application is scheduled for review, you will be notified in writing by board staff.

Failure to disclose criminal history on your application may result in the denial of your application or conditions (fines, additional continuing education) imposed on your license, once issued.

Section 456.0635, Florida Statutes (F.S.), requires that health care boards or the department shall refuse to issue a license, certificate or registration and shall refuse to admit a candidate for examination if the applicant:

1. Has been convicted of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a felony under Chapter 409, F.S., (relating to social and economic assistance), Chapter 817, F.S., (relating to fraudulent practices), Chapter 893, F.S., (relating to drug abuse prevention and control) or a similar felony offense(s) in another state or jurisdiction unless the candidate or applicant has successfully completed a drug court program for that felony and provides proof that the plea has been withdrawn or the charges have been dismissed. Any such conviction or plea shall exclude the applicant or candidate from licensure, examination, certification, or registration, unless the sentence and any subsequent period of probation for such conviction or plea ended:
   1. For the felonies of the first or second degree, more than 15 years from the date of the plea, sentence and completion of any subsequent probation;
   2. For the felonies of the third degree, more than 10 years from the date of the plea, sentence and completion of any subsequent probation;
   3. For the felonies of the third degree under section 893.13(6)(a), F.S., more than five years from the date of the plea, sentence and completion of any subsequent probation;
2. Has been convicted of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a felony under 21 U.S.C. ss. 801-970 (relating to controlled substances) or 42 U.S.C. ss. 1395-1396 (relating to public health, welfare, Medicare and Medicaid issues), unless the sentence and any subsequent period of probation for such conviction or pleas ended more than 15 years prior to the date of the application;
3. Has been terminated for cause from the Florida Medicaid program pursuant to section 409.913, F.S., unless the candidate or applicant has been in good standing with the Florida Medicaid program for the most recent five years;
4. Has been terminated for cause, pursuant to the appeals procedures established by the state or Federal Government, from any other state Medicaid program, unless the candidate or applicant has been in good standing with a state Medicaid program for the most recent five years and the termination occurred at least 20 years before the date of the application;
5. Is currently listed on the United States Department of Health and Human Services Office of Inspector General’s List of Excluded Individuals and Entities.