Designated Establishment Manager (DEM) New Requirement for Florida Spas
We trust that you have been made aware and have already addressed this, most likely named a Designated Establishment Manager (DEM) by filling out the form you received from Florida Health, Board of Massage. This new bill, as of June 1, 2019, signed by Governor DeSantis impacts all Massage Establishments in the State of Florida. This went into effect January 1, 2020.
For many, you probably received this by mail during the month of October, for some via the spa community.
This would be a normal requirement for a solely operated business; never the less this has placed an unnecessary burden for many resorts and destination spas. The term “manager” is causing an impact in operations, for others, it’s the idea of asking an hourly massage therapist to sign this form and assume responsibility for the establishment.
While we all understand the seriousness of Human Trafficking, especially in the State of Florida, we believe this law does not reflect how our hotel resorts, residential and country club spas operate and how this new law requirement can affect larger establishment’s that function under a corporate umbrella.
As a result of this DEM, over 50 Spa Directors became deputized to let the Department of Health hear our concerns and listen to our suggestions and consider our industry needs during the recent Florida State Board of Massage Meeting conference call on December 11, 2020. In the Florida Tourism economy, our industry is the number one reason people empty their cities and countries while filling up our Beach Clubs, Hotel Spa Resorts and Private Residential Clubs.
At this time, the FSA is actively pursuing the advice of legal council on how to proceed regarding this situation and what would be most effective based on all of our concerns and needs as an industry. The FSA is has also connected with a lobbyist regarding options beneficial for our spa community.
This statute is coming into effect and everyone needs to be made aware of it. From what we understand, once you send in the form by email, you should receive a reply within 48 hours. However, until the FSA has a viable resolution, if you have not already addressed this, we urge you to ensure that your Direct Leader, GM, on-site HR, Finance Department and/or Corporate HR is made aware of this situation and advises you on the new requirements necessary at this time.
Massage Practice Act, Florida chapter 2019-152; Florida Statutes 480.033(11) chapter required by January 1st, 2020.
A Designated Establishment Manager (DEM) is “a massage therapist who holds a clear and active license without restriction, who is responsible for the operation of a massage establishment in accordance with the provisions of this chapter, and who is designated the manager by the rules or practices at the establishment.”
Please be assured that the FSA is doing everything possible that’s in the best interest for our community. We also welcome your input and involvement to benefit our position.
There is strength in numbers when we stand together!