NEW Massage Spas
So many of our customers have faced the issue of not having the proper paperwork. They will get MOST, but not ALL proper paperwork. First let's discuss the multiple organizations involved in opening a NEW Masssage Spa.
STEPS TO FOLLOW BEFORE YOU APPLY FOR MM LICENSE:
- CHECK WITH THE LOCAL GOVERNMENT FIRST!!!
- Many people have signed lease contracts, only to discover the city has rules or requirements that can not be satisfied.
- Some cities require (2)two licenses from DBPR (ie.Massage and Cosmetology licenses)
- Some cities have a curfew for Massage Spas
- Some smaller cities only allow massage spas that are in the same center or plaza with other medical offices.
- Many people have signed lease contracts, only to discover the city has rules or requirements that can not be satisfied.
- The Florida Division of Corporations, is also known as "sunbiz.org". It is mandatory that ALL companies operating a business in the State of Florida are registered with the State Division of Corporations. The price can vary depending on if you are "LLC" or "Inc." CLICK TO REGISTER NEW COMPANY
- Check the website for the name you would like to use. If the name is available, register*** your company online and wait for approval from the State Division of Corporations. The review time can vary based on the traffic flow.
- If you decide to use a fictitious name or "DBA= Doing Business As_____" instead of the legal name, an additional registration will be required. CLICK TO REGISTER DBA
- ***YOU CAN NOT APPLY FOR THE MM LICENSE unless you are registered with the State Division of Corporations***
- The Internal Revenue Service (IRS) website is where you will need to Apply for an Employer Identification Number (EIN) Online. An Employer Identification Number (EIN) is needed for a variety of reasons like applying for business bank accounts and to file tax returns. An Employer Identification Number (EIN) is also known as a Federal Tax Identification Number, and is used to identify a business entity. Generally, all businesses need an EIN.
- BEFORE opening the Spa, you will need to have Liability Insurance. There are various companies online. One of the easiest is hiscox.com they can give you business and professional liability plans.
- AFTER you have been registered with sunbiz.org AND you have an EIN; then you can apply for a Local Business Tax Receipt. You can NOT operate a business in a County AND/OR City without a business tax receipt from both.
- Be prepared for the County and sometimes the City local code enforcement to perform an inspection before you can open your business.
REQUIREMENTS TO APPLY FOR MM LICENSE:
APPLY ONLINE
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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.
Individuals (Sole Proprietors)
Individual (sole proprietor) licenses will be issued to an individual person.
If you are the sole owner/officer of a corporation, or the sole member of a limited liability company (LLC), and intend to operate your establishment under the auspices of that corporation or LLC, please see the “Requirements for Partnerships, Corporations, and Limited Liability Companies,” section.
Requirements for Individuals (Sole Proprietors):
- 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 applying for their own establishment license as an individual (sole proprietor) may serve as the DEM for that establishment. For more information about DEM requirements, visit our Frequently Asked Questions. - Background screening completed through an approved Livescan provider.
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. - Personal injury and bodily liability insurance for your establishment. You will need to submit a copy of your insurance documentation showing coverage to meet this requirement.
Massage therapists who carry personal injury and bodily liability coverage through a profession association may use this insurance to meet this requirement in many cases. Board staff cannot advise as to the specifics of coverage through professions associations. - 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. -
Partnerships, Corporations, and Limited Liability Companies
Licenses issued to partnerships, corporations and limited liability companies are non-transferrable following dissolution and reformation of a partnership, corporation, or limited liability company.
Requirements for Partnerships, Corporations, and Limited Liability Companies:
- Background screening of every establishment owner completed through an approved Livescan provider. Establishment owners are:
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 www.flhealthsource.gov/background-screening for additional information about the background screening process.
- 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.
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Background Screening
Applicants for initial licensure must use a Livescan service provider to have their fingerprints submitted electronically to the Florida Department of Law Enforcement (FDLE) for conducting a search for any Florida and national criminal history records that may pertain to the applicant. The results will be returned to the Care Provider Background Screening Clearinghouse (Clearinghouse) and made available to the board office for consideration during the licensure process. The Livescan 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. All results must be submitted electronically from a Livescan service provider.
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.
The Board of Massage Therapy’s ORI number is: EDOH4600Z.
Applicants who reside outside of the State of Florida can contact national Livescan Service Providers, who can assist out of state applicants with submitting their prints electronically. You can locate these providers by clicking on the “Department’s website” in the paragraph below, then clicking on the “Locate A Provider” link and then clicking on the “Out of State/International” option on the Map.
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 board office. For more information, FAQs, and a list of all approved Livescan service providers please visit the Department’s website and click on the Livescan Service Providers tab. Please take the Massage Therapy Electronic Fingerprint Form with you to the Livescan provider. Please check the service provider’s requirements to see if you need to bring any additional items. Please verify the ORI number submitted by the Livescan service provider matches the information provided by the Florida Board of Massage Therapy.