Florida Regulations 64B7-30.004: Citations
Current as of: 2024 | Check for updates
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(1) Definitions. As used in this rule:
(a) “”Citation”” means a document which meets the requirements set forth in Florida Statutes § 456.077, and which is served upon a subject in the manner provided in Florida Statutes § 456.077, for the purpose of assessing a penalty in an amount established by this rule;
(b) “”Subject”” means the licensee, applicant, person, partnership, corporation, or other entity alleged to have committed a violation designated in this rule.
(2) In lieu of the disciplinary procedures contained in Florida Statutes § 456.072, the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint which is the basis for the citation.
(3) The Board hereby designates the following as citation violations, which shall result in a penalty as specified below:
(a) Refusing to allow the department to inspect the business premises of the licensee during regular business hours as required by Section 480.046(1)(m), F.S., shall result in a penalty of $500.00.
(b) Failing to display a license or certificate as required by Fl. Admin. Code R. 64B7-28.008, shall result in a penalty of $250.00.
(c) Failing to keep the equipment and premises of a massage establishment in a clean and sanitary condition as required by Section 480.046(1)(n), F.S., shall result in a penalty of $250.00.
(d) Failing to maintain property damage and bodily injury liability insurance coverage as required by subsection 64B7-26.003(4), F.A.C., shall result in a penalty of $250.00.
(e) Failure to include the license number of either the massage therapist or the massage establishment in advertisements as required by Florida Statutes § 480.0465, shall result in a penalty of $250.00.
(f) Practicing with a delinquent massage therapist license in violation of Section 480.047(1)(a), F.S., or operating a massage establishment with a delinquent massage establishment license in violation of Section 480.047(1)(b), F.S., when the license has become delinquent automatically for failure to renew, so long as the license is reinstated within 90 days of becoming delinquent, shall result in a penalty of $250.00. Practice for more than 90 days after a license has become delinquent shall not be a citation violation.
(g) Failure of a massage therapist to notify the Board of a change of address as required by Florida Statutes § 456.035(1), shall result in a penalty of $250.00.
(h) False, misleading or deceptive advertising by advertising massage therapy services under a name under which a license has not been issued in violation of Section 480.046(1)(d), F.S., shall result in a penalty of $250.00.
(i) Violating Section 456.072(1)(h), F.S., by tendering a check that is dishonored by the institution upon which it is drawn shall result in a penalty of $250.00.
(j) Failing to identify to a patient verbally or in writing, which may include wearing of a name tag, that a licensee is practicing as a licensed massage therapist, in violation of Section 456.072(1)(t), F.S., shall result in a penalty of $100.00.
(k) A first-time violation of 456.072(1)(pp) for providing information indicating supporting a person’s need for an emotional support animal under s.760.27 without personal knowledge of the need for the specific emotional support animal, shall result in a penalty of $250.00.
(4) In addition to the fines imposed herein, the costs of investigation and prosecution for each offense shall be assessed in the citation.
(5) All fines and costs imposed in a citation shall be paid within 90 days of the date the citation is filed.
Rulemaking Authority 456.072, 456.077 FS. Law Implemented 456.072, 456.077 FS. History-New 1-1-92, Amended 11-15-92, Formerly 21L-30.004, Amended 9-30-93, 12-12-93, 4-21-97, Formerly 61G11-30.004, Amended 8-16-98, 7-18-99, 7-27-00, 10-12-03, 8-9-04, 5-1-07, 8-11-10, 6-7-16, 4-16-18, 7-27-21.
Terms Used In Florida Regulations 64B7-30.004
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(b) “”Subject”” means the licensee, applicant, person, partnership, corporation, or other entity alleged to have committed a violation designated in this rule.
(2) In lieu of the disciplinary procedures contained in Florida Statutes § 456.072, the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint which is the basis for the citation.
(3) The Board hereby designates the following as citation violations, which shall result in a penalty as specified below:
(a) Refusing to allow the department to inspect the business premises of the licensee during regular business hours as required by Section 480.046(1)(m), F.S., shall result in a penalty of $500.00.
(b) Failing to display a license or certificate as required by Fl. Admin. Code R. 64B7-28.008, shall result in a penalty of $250.00.
(c) Failing to keep the equipment and premises of a massage establishment in a clean and sanitary condition as required by Section 480.046(1)(n), F.S., shall result in a penalty of $250.00.
(d) Failing to maintain property damage and bodily injury liability insurance coverage as required by subsection 64B7-26.003(4), F.A.C., shall result in a penalty of $250.00.
(e) Failure to include the license number of either the massage therapist or the massage establishment in advertisements as required by Florida Statutes § 480.0465, shall result in a penalty of $250.00.
(f) Practicing with a delinquent massage therapist license in violation of Section 480.047(1)(a), F.S., or operating a massage establishment with a delinquent massage establishment license in violation of Section 480.047(1)(b), F.S., when the license has become delinquent automatically for failure to renew, so long as the license is reinstated within 90 days of becoming delinquent, shall result in a penalty of $250.00. Practice for more than 90 days after a license has become delinquent shall not be a citation violation.
(g) Failure of a massage therapist to notify the Board of a change of address as required by Florida Statutes § 456.035(1), shall result in a penalty of $250.00.
(h) False, misleading or deceptive advertising by advertising massage therapy services under a name under which a license has not been issued in violation of Section 480.046(1)(d), F.S., shall result in a penalty of $250.00.
(i) Violating Section 456.072(1)(h), F.S., by tendering a check that is dishonored by the institution upon which it is drawn shall result in a penalty of $250.00.
(j) Failing to identify to a patient verbally or in writing, which may include wearing of a name tag, that a licensee is practicing as a licensed massage therapist, in violation of Section 456.072(1)(t), F.S., shall result in a penalty of $100.00.
(k) A first-time violation of 456.072(1)(pp) for providing information indicating supporting a person’s need for an emotional support animal under s.760.27 without personal knowledge of the need for the specific emotional support animal, shall result in a penalty of $250.00.
(4) In addition to the fines imposed herein, the costs of investigation and prosecution for each offense shall be assessed in the citation.
(5) All fines and costs imposed in a citation shall be paid within 90 days of the date the citation is filed.
Rulemaking Authority 456.072, 456.077 FS. Law Implemented 456.072, 456.077 FS. History-New 1-1-92, Amended 11-15-92, Formerly 21L-30.004, Amended 9-30-93, 12-12-93, 4-21-97, Formerly 61G11-30.004, Amended 8-16-98, 7-18-99, 7-27-00, 10-12-03, 8-9-04, 5-1-07, 8-11-10, 6-7-16, 4-16-18, 7-27-21.