Florida Statutes

Fla. Stat. § 480.047 (2025)

Penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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480.047 Penalties.—

(1) It is unlawful for any person to:

(a) Hold himself or herself out as a massage therapist or to practice massage therapy unless duly licensed under this chapter or unless otherwise specifically exempted from licensure under this chapter.

(b) Operate any massage establishment unless it has been duly licensed as provided herein, except that nothing herein shall be construed to prevent the teaching of massage therapy in this state at a board-approved massage therapy school.

(d) Present as his or her own the license of another.

(e) Allow the use of his or her license by an unlicensed person.

(f) Give false or forged evidence to the department in obtaining any license provided for herein.

(g) Falsely impersonate any other licenseholder of like or different name.

(h) Use or attempt to use a license that has been revoked.

(i) Otherwise violate any of the provisions of this act.

(2) Except as otherwise provided in this chapter, any person violating the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 16, ch. 78-436; s. 2, ch. 81-318; ss. 10, 12, 13, ch. 85-280; s. 58, ch. 89-374; s. 4, ch. 91-429; s. 414, ch. 97-103; s. 158, ch. 97-264; s. 3, ch. 2013-212; s. 14, ch. 2021-143.

Arrestable Offenses under F.S. 480.047

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§480.047(1a)FRAUD-IMPERSONMISREPRESENT SELF AS LICENSED MASSEURM · 1st

§480.047(1b)PUBLIC ORDER CRIMESOPERATE MASSAGE ESTABLISHMENT WITHOUT LICENSEM · 1st

§480.047(1c)PUBLIC ORDER CRIMESPERMIT UNLICENSED PERSON TO PRACTICE MASSAGEM · 1st

§480.047(1d)FRAUD-IMPERSONPRESENT ANOTHERS MASSEURS LICENSEM · 1st

§480.047(1e)FRAUDLEND MASSEUR LICENSE TO ANOTHERM · 1st

§480.047(1f)PASS FORGEDEVIDENCE TO OBTAIN MASSEUR LICENSEM · 1st

§480.047(1f)FRAUD-FALSE STATEMENTEVIDENCE TO OBTAIN MASSEUR LICENSEM · 1st

§480.047(1g)FRAUD-IMPERSONIMPERSONATE LICENSED MASSAGE THERAPISTM · 1st

§480.047(1h)PUBLIC ORDER CRIMESUSE ATTEMPT TO USE REVOKED MASSAGE LICENSEM · 1st

§480.047(1i)PUBLIC ORDER CRIMESVIOLATE MASSAGE PRACTICE ACTM · 1st

Notes of Decisions

Cited in 3 cases, 1981–2008 · leading case: State v. Wagner, 403 So. 2d 1349 (Fla. 5th DCA 1981).

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State v. Wagner, 403 So. 2d 1349 (Fla. 5th DCA 1981). · cites it 7× “The State seeks review by certiorari of an order of the circuit court affirming the dismissal of an information charging the respondents with “massaging without a license” in violation of section 480.047, Florida Statutes (1979).”

State v. Nguyen, 980 So. 2d 1189 (Fla. 5th DCA 2008). · cites it 4× “authorizes the State to charge an individual under that statute "in addition" to charging the individual under section 480.047. As such, the defendant was properly charged under both statutes.”

Movie & Video World, Inc. v. Bd. of Cnty. Commissioners, 723 F. Supp. 695 (S.D. Fla. 1989). “046, § 480.047, § 480.048 or § 480.049 (Florida Statutes), or subsequent regulation; or, c.”

— 480.047(1)(a) — 1 case

State v. Nguyen, 980 So. 2d 1189 (Fla. 5th DCA 2008). “authorizes the State to charge an individual under that statute "in addition" to charging the individual under section 480.047. As such, the defendant was properly charged under both statutes.”

— 480.047(l)(a) — 1 case

State v. Wagner, 403 So. 2d 1349 (Fla. 5th DCA 1981). “The State seeks review by certiorari of an order of the circuit court affirming the dismissal of an information charging the respondents with “massaging without a license” in violation of section 480.047, Florida Statutes (1979).”

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