Suppose you are a Licensed Cosmetologist, esthetician, or salon owner in Florida. In that case, you must comply with strict advertising and licensing regulations set by the Florida Department of Business and Professional Regulation (DBPR) and the Florida Board of Cosmetology. Violating Florida Statute 477.029(1)(h) through a violation of Section 477.0265(1)(g) can result in severe administrative penalties, fines, license suspension, or even revocation.
At Elevate Legal Services, PLLC, we specialize in defending beauty professionals facing DBPR Administrative Complaints and disciplinary actions. If you have received a Notice of Violation from the Board of Cosmetology, you must act fast to protect your career and license. Call us at 561-770-3335 or email [email protected] for immediate legal representation and guidance on your case.
Understanding F.S. 477.029(1)(h) and 477.0265(1)(g)
What Is Florida Statute 477.029(1)(h)?
Under F.S. 477.029(1)(h), it is unlawful to:
“Advertise or imply that skin care services or body wrapping are related to massage therapy, except as allowed by statute.”
What Is Florida Statute 477.0265(1)(g)?
This statute prohibits advertising or implying that skin care services or body wrapping, as performed under a cosmetology license, have any connection to the practice of massage therapy as defined under F.S. 480.033(3).
What This Means for Cosmetologists and Salon Owners
These statutes ensure that cosmetology services remain separate from massage therapy unless explicitly permitted by law. False or misleading advertising suggesting that body wrapping, facials, or skincare services are a form of massage therapy can result in an Administrative Complaint, fines, or loss of license.
Common Violations of F.S. 477.029(1)(h) Through a Violation of F.S. 477.0265(1)(g)
Violating these laws often involves misleading advertisements, improper service descriptions, or false claims related to massage therapy in a cosmetology setting. Below are some of the most common violations that lead to DBPR investigations.
- Advertising Skincare or Body Wrapping as Massage Therapy
- Promoting facials, chemical peels, or body wraps as part of a massage therapy treatment without proper licensing.
- Using the Word “Massage” in Cosmetology or Esthetics Advertising
- Marketing facials, skincare, or body treatments using terms like:
- “Rejuvenating Face Massage”
- “Full-Body Relaxation Massage”
- “Therapeutic Skin Massage”
- Offering “Relaxation Massages” Without a Massage License
- Advertising facial massage, lymphatic drainage, or body sculpting treatments in a way that suggests licensed massage therapy services.
- Misrepresenting a Cosmetologist or Esthetician as a Licensed Massage Therapist (LMT)
- Listing “massage therapy” services on business cards, social media pages, or websites when no licensed massage therapist (LMT) is employed.
- Including Massage Therapy in Service Menus Without Proper Licensing
- Offering massage therapy services in a spa or salon where there is no licensed massage therapists on staff.
- Cross-Promoting Cosmetology and Massage Therapy Without Proper Separation
- Operating a spa that employs both cosmetologists and massage therapists but failing to clearly define which services are legally performed by each professional.
- Selling Skincare or Body Treatments as Part of a Massage Therapy Package
- Including facial treatments, waxing, or skincare services in bundled packages advertised as “massage therapy.”
- Performing Manual Lymphatic Drainage (MLD) Without a Massage License
- Offering lymphatic drainage, body contouring, or detox body wraps without the required massage therapy license.
- Using Misleading Terms in Marketing Materials
- Phrases such as:
- “Therapeutic Body Sculpting Massage”
- “Healing Touch Skincare Therapy”
- “Rehabilitative Facial Massage”
- Partnering With an Unlicensed Individual to Provide Massage Services
- Cross-promoting “massage therapy services” with an unlicensed practitioner or misleading clients about licensure qualifications.
- Using False or Misleading Statements in Social Media or Digital Advertising
- Running Google Ads, Facebook Ads, or Instagram posts targeting “massage therapy” searches while only offering cosmetology services.
- Selling Massage Therapy Gift Cards Without a Licensed Massage Therapist on Staff
- Offering prepaid massage therapy gift cards when the establishment does not have an LMT on-site.
- Offering Discounts on Massage Therapy Services at a Cosmetology Business
- Running promotions such as:
- “Get a Free 15-Minute Massage with Your Facial!”
- “50 Percent Off Skincare & Massage Services!”
- “Relaxation Massage Included with Every Facial Treatment”
Consequences of Violating F.S. 477.029(1)(h) and F.S. 477.0265(1)(g)
Violations of these statutes can result in serious penalties from DBPR and the Florida Board of Cosmetology, including:
- Fines ranging from $500 to $5,000 per violation.
- Suspension or revocation of a cosmetology license or salon business license.
- Cease-and-desist orders prohibiting further misleading advertising.
- Formal Administrative Complaints that appear on public licensing records.
- Potential civil liability for fraudulent misrepresentation.
How to Defend Against a DBPR Administrative Complaint
If you receive a DBPR Notice of Violation or Administrative Complaint, follow these steps to protect your cosmetology business or license:
1. Review the Complaint Notice Carefully
- Identify the specific allegations and determine the response deadline.
- Gather relevant documentation, including advertisements, business listings, and marketing materials.
2. Contact an Experienced DBPR Defense Attorney
At Elevate Legal Services, PLLC, we provide aggressive legal defense for cosmetologists, estheticians, and beauty business owners facing DBPR complaints. Our team will:
- Analyze the complaint and evidence.
- Challenge false or misleading claims.
- Negotiate penalty reductions or case dismissals.
- Represent you in DBPR hearings and administrative proceedings.
Call us at 561-770-3335 or email [email protected] for immediate legal assistance.
Final Thoughts: Protect Your Cosmetology License Today
If you are accused of violating Florida Statute 477.029(1)(h) or 477.0265(1)(g), your career and reputation are at risk. Facing a DBPR Administrative Complaint can be overwhelming, but you do not have to fight alone.
At Elevate Legal Services, PLLC, we have successfully defended cosmetologists, estheticians, and salon owners facing licensing violations and disciplinary actions. If you need a strong legal defense, call us at 561-770-3335 or email [email protected] today. We are here to protect your future and fight for your rights.
