Notice of Change/Withdrawal
RULE NOS.:RULE TITLES:
64B7-26.001Definitions
64B7-26.002Licensure of Massage Establishments
64B7-26.007Transfer of Massage Establishment License
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 169, August 29, 2019 issue of the Florida Administrative Register.
The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and discussion and subsequent vote by the board at a public meeting held September 25, 2019. The changes are as follows:
64B7-26.001 Definitions.
(1) “Ownership entity” means the entity to whom a massage establishment license is issued. An ownership entity may be a sole proprietor, a partnership as defined in Section 620.8101(7) 605.0102, F.S., a limited liability company as defined in Section 605.0102(36) 607.0140(5), F.S., or another entity formed under the law of the jurisdiction in which the entity resides.
(2) through (3) No change.
(4) “Designated establishment manager” means a massage therapist who holds a clear and active license without restriction, who is responsible for the operation of a massage establishment in accordance with Chapters 456 and 480, F.S. and related these rules, who is designated the manager by the rules or practices at the establishment.
(5) No change.
Rulemaking Authority 480.035(7), FS. Law Implemented 480.043(7) FS. History–New 7-16-98, Amended 8-5-03, 2-26-12, .
64B7-26.002 Licensure of Massage Establishments.
(1) No change.
(2) 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” as defined in Section 480.033(3)(4), F.S. and that the proposed massage establishment is in compliance with Chapters 456 and 480, F.S. and related these rules.
(3) No change.
Rulemaking Authority 456.013, 480.035(7), 480.043(2), 480.044 FS. Law Implemented 456.013, 456.067, 456.0635, 480.043, 480.044 FS. History–New 11-27-79, Formerly 21L-26.02, Amended 1-7-86, Formerly 21L-26.002, Amended 3-9-95, 9-25-95, Formerly 61G11-26.002, Amended 7-16-98, 1-26-00, 4-2-09, 10-7-14, 3-14-16, .
64B7-26.007 Massage Establishment Change of Name/Location.
When there is no change of ownership, the massage establishment may change the name for location of the establishment.
(1) No change.
(2) To change only the location of the massage establishment, the massage establishment owner shall submit a completed Form DH-MQA 1264 “Application for Massage Establishment Change of Name/Location” (Rev. 07/19 6/14), accompanied by the application fee provided in paragraph 64B7-27.100(2)(e), F.A.C. The form may be obtained from the Board office at 4052 Bald Cypress Way, Bin C-06, Tallahassee, Florida 32399 or from the website located at http:www.floridasmassagetherapy.gov or http://www.flrules.org/Gateway/reference.asp?No=Ref-. The massage establishment may not change locations until a passing inspection result has been received by the department which demonstrates that the massage establishment is to be used for “massage” as defined in Section 480.033(3)(4), F.S., is in compliance with Chapters 456 and 480, F.S. and related these rules, and the change of location is approved.
(3) To change the location and name of the establishment, the massage establishment owner shall submit a completed Form DH-MQA 1264 “Application for Massage Establishment Change of Name/Location” (07/19), accompanied by the application fee provided in paragraph 64B27-100(2)(d), F.A.C. The form maybe obtained from the Board office at 4052 Bald Cypress Way, Bin C-06, Tallahassee, Florida 32399 or from the website located at http:www.floridasmassagetherapy.gov or http://www.flrules.org/Gateway/reference.asp?No=Ref- . The massage establishment may not change locations until a passing inspection result has been received by the department which demonstrates that the massage establishment is to be used for “massage” as defined in Section 480.033(3)(4), F.S., is in compliance with Chapters 456 and 480, F.S. and related rules, and the change of location is approved.
Rulemaking Authority 480.035(7), 480.043(3), (11) (2), (9) FS. Law Implemented 480.043(2), (7), (9), 456.0635 FS. History–New 5-17-90, Formerly 21L-26.007, 61G11-26.007, Amended 9-14-98, 10-8-14, .
_____________________________________
The following change has been made to incorporated form DH-MQA 5040 (07/19):
The citation listed on page 2 has been corrected to Section 480.043(2), Florida Statutes.
The following change has been made to incorporated form DH-MQA 1264 (07/19):
The citation listed on page 2 has been corrected to 64B7-26.002(3), Florida Statutes
