Fla. Admin. Code R. 64B7-30.004

Current through Reg. 50, No. 244; December 17, 2024

Section 64B7-30.004 - Citations

(1) Definitions. As used in this rule:

(a) "Citation" means a document which meets the requirements set forth in Section 456.077, F.S., and which is served upon a subject in the manner provided in Section 456.077, F.S., 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 Section 456.072, F.S., 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 Rule 64B7-28.008, F.A.C., 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 Section 480.0465, F.S., 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 Section 456.035(1), F.S., 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.

Fla. Admin. Code Ann. R. 64B7-30.004

Rulemaking Authority 456.072, 456.077 FS. Law Implemented 456.072, 456.077 FS.

New 1-1-92, Amended 11-15-92, Formerly 21L-30.004, Amended 9-30-93, 12-12-93, 4-21-97, Formerly 61G 11-30.004, Amended 8-16-98, 7-18-99, 7-27-00, 10-12-03, 8-9-04, 5-1-07, 8-11-10, Amended by Florida Register Volume 42, Number 101, May 24, 2016 effective 6/7/2016, Amended by Florida Register Volume 44, Number 065, April 3, 2018 effective 4/16/2018, Amended by Florida Register Volume 47, Number 134, July 13, 2021 effective 7/27/2021.