Florida Regulations 64B7-26.006: Change of Corporate Officers, Interested Parties, Designated Establishment Managers
Current as of: 2024 | Check for updates
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A massage establishment must submit a completed application on Form DH-MQA 5040, “”Massage Establishment Change of Corporate Officer/Interested Party/Designated Establishment Manager”” (07/2022), incorporated herein by reference, which may be obtained from the board office at 4052 Bald Cypress Way, Bin C-06, Tallahassee, FL 32399 or from the website located at http://floridasmassagetherapy.gov/applications/DH-MQA-5040-DEM-Officer.pdf or http://www.flrules.org/Gateway/reference.asp?No=Ref-14939, or online at https://flhealthsource.gov/mqa-services within 10 days of the following:
(1) One or more owners, officers or interested parties of the corporation who is the ownership entity of the establishment change. New owners, officers or interested parties must be eligible for licensure pursuant to Chapters 456 and 480, F.S. and these rules.
(2) A new designated establishment manager is appointed because the former designated establishment manager:
(a) No longer holds a clear and active massage therapist license without restrictions.
(b) Has been convicted of or entered a plea of guilty or nolo contendere to a misdemeanor or felony specified in Florida Statutes § 480.046(8)
(c) Has been terminated, is no longer operating as the designated establishment manager for the establishment or is no longer designated the manager by the rules or practices at the establishment.
(d) Terminates their own designation, by submitting a written request to the department. The department shall notify the establishment when a designated establishment manager terminates their own designation.
Rulemaking Authority 456.013, 480.035, 480.043 FS. Law Implemented 456.013, 456.016, 456.0635, 456.067, 480.043 FS. History-New 12-15-19, Amended 10-20-20, 12-18-22.
Terms Used In Florida Regulations 64B7-26.006
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(2) A new designated establishment manager is appointed because the former designated establishment manager:
(a) No longer holds a clear and active massage therapist license without restrictions.
(b) Has been convicted of or entered a plea of guilty or nolo contendere to a misdemeanor or felony specified in Florida Statutes § 480.046(8)
(c) Has been terminated, is no longer operating as the designated establishment manager for the establishment or is no longer designated the manager by the rules or practices at the establishment.
(d) Terminates their own designation, by submitting a written request to the department. The department shall notify the establishment when a designated establishment manager terminates their own designation.
Rulemaking Authority 456.013, 480.035, 480.043 FS. Law Implemented 456.013, 456.016, 456.0635, 456.067, 480.043 FS. History-New 12-15-19, Amended 10-20-20, 12-18-22.