In recent years, Florida has experienced a significant increase in the number of new medical spas (“medspas”) opening across the state. Since COVID, the focus for wellness and self-care has substantially increased. Medspas are hybrid in nature by combining medical services with retail and aesthetic offerings. As a result, it is one of the most closely regulated businesses. While much attention is often given to physical supervision and clinical compliance, business licensing requirements are frequently misunderstood or overlooked. This in turn creates an unnecessary legal risk for medspa owners.
Failure to obtain and maintain the proper business licenses can expose a medspa to fines, enforcement actions, or even forced closure. This article provides an overview of business licensing considerations for medspas and ways that the Florida Healthcare Law Firm can assist you with ensuring that your business is following required business licensure.
Business Licensing v. Medical Regulation in Florida
In Florida, a medspa’s ability to operate legally depends on both the compliance with healthcare laws and professional licensing requirements as well as proper business licensing and registration at the local levels. Thus, having the proper medical credentials and healthcare law compliance does not replace the requirement for business licenses. Regulatory agencies treat these obligations separately.
Zoning, Use, and Local Permits
Before opening, medspas must confirm that their location is properly zoned for medical service use. Depending on the city, additional approvals may be required such as zoning or land-use approval, certificate of occupancy and/or fire and building inspections. Local requirements vary throughout Florida. As a result of additional compliance requirements based on the city, obtaining the proper business licenses can be a common source of delay.
Local Business Tax Receipts
A business tax receipt authorizes the business to operate at a specific location and must typically be renewed annually. Florida does not issue a “one-size-fit-all” business license. Instead, the requirement to obtain a business tax receipt varies based on the city and county. A business tax receipt is required from both the county and the city or municipality in which the medspa operates.
Business Licensing Issues Triggered by Change
In Florida, business licenses and tax receipts may need to be updated or re-issued when there is a change in ownership, relocation to a new address, or an expansion to an additional location. Failure to comply with licensing updates can expose the business to enforcement action brought by the city and/or county.
The Role of the Florida Healthcare Law Firm
The process of obtaining the proper business licenses can be tedious and overwhelming, particularly when attention is focused on meeting remodeling, medical, and corporate practice requirements. Our team assists with identifying the applicable local business licenses, coordinating and attending required inspections, managing administrative tasks, and monitoring renewal deadlines on your behalf. Contact us to learn more about how we can assist you.
