Citation for Unlicensed Message Therapy
The uniform unlicensed activity citation issued by the Florida Department of Health uses form INV Form 616U. The form provides:
“Pursuant to Section 456.065, F.S., the undersigned, who is an investigator for the Department of Health, hereby certifies that the Department has probable cause to believe that the above referenced subject did violate the following provisions of law, F.S. 480.047(1)(a) and 456.065(2)(d), by committing the following, including but not limited to, act:
…did practice, attempt to practice, or offered to practice message therapy without an active, valid Florida Massage therapy license when per Department records, that person is not a licensed message therapist in the State of Florida.”
Under Section 456.065, F.S., and Rule 64B-6.03, F.A.C., the Department will set the amount of a penalty for violations of the aforesaid provision. The fines and costs are due within 30 calendar days from the date of the service of the citation.
Attorneys for Unlicensed Massage Therapy Citations in Florida
The attorneys at Sammis Law Firm represent clients cited with practicing a health care profession without a license, including practicing message therapy without a valid Florida Massage therapy license.
Our attorneys can help you contest the unlicensed practice citation by filing a petition. We also represent clients on related charges for failing to provide required documents while working in or operating the message parlor under § 480.0535, Fla. Stat.
How to Contest a Citation for Unlawful Practice
You are not required to pay the citation if you hire an attorney to challenge the citation by filing an appropriate petition with the Agency Clerk.
The attorneys at Sammis Law Firm are experienced in filing and litigating the petition to contest the unlicensed practice citation in conformance with Administrative Code Rules 28-106.201 or 28-106.301, as applicable. Mediation is not available in these types of administrative actions.
Deadline to File the Petition to Contest the Unlicensed Practice Citation
The petition must be received by the Department within 30 calendar days of the date of service of the citation. The petition must be sent by mail, hand delivery or facsimile.
The failure to file a dispute within 30 calendar days of service constitutes a waiver of hearing. The waiver of hearing results in the unlicensed practice citation becoming a “Final Order of the Department.”
If a final order is entered, and you fail to comply with the Formal Order, then the Department will take additional action against you including imposing additional fines and costs, in accordance with Section 456.065(2), Florida Statutes.
This article was last updated on Friday, May 29, 2020.