On November 21, 2024, Jacksonville massage therapist, Firas David, had his massage therapy license revoked in a Final Order following a disciplinary action brought by the Florida Department of Health Board of Massage Therapy alleging sexual misconduct at One Ocean Resort & Spa in Atlantic Beach, Florida. Firas David was previously arrested in December 2022 on battery charges for the same alleged incident.
The Department of Health's Final Order prohibits Firas David from practicing massage therapy in the State of Florida. David had been a licensed massage therapist in Florida since November 2019. According to court filings, including a prior interim emergency order, on November 9, 2022, Firas Joseph David performed a 60-minute massage on a 49-year-old female at the spa located inside the One Ocean resort. At the beginning of the massage, the patient informed David that she had multiple sclerosis and sciatica and pain in her feet. David allegedly asked the client to disrobe and lay face down. Mid-through, David reportedly told the patient that she was beautiful and called her princess. David then is alleged to have told the patient that he didn't think the cause of her pain was sciatica but inflammation, and he recommended getting her buttocks massaged. She told him to proceed, and David then lifted the draping off of her buttocks, completely leaving her exposed. While still face down, David allegedly repositioned the patient's legs bending at the knee to touch the other leg, forming a triangle. David rubbed the patient's calf and moved up to her inner thighs. According to the Order, David then massaged her buttocks and inserted his finger inside the patient's vagina. David allegedly moved his finger in and out at least three times and penetrated the client. She then straightened her leg and moved David's hand away. He continued with the massage, and while the client was now on the back, he is accused of removing the draping covering her breasts and kissed them. The patient pulled the sheet over her and froze. She ended the massage and reported the alleged assault to spa management and law enforcement. On December 1, 2022, David was arrested in Duval and charged with sexual battery. In July 2023, Mr. David entered a Alford Plea in which the sexual battery charge was reduced to a battery charge. As part of the negotiated plea, he received 12 months of probation and withholding of adjudication.
In the Final Order revoking his license, the Department of Health concluded there is "competent, substantial evidence" to conclude the battery occurred. In addition to the revocation of the license, Firas David was also fined $1000 and Ordered to pay the Florida Board of Massage Therapist $5,317 in costs for the investigation and prosecution of the action. Prior to the alleged battery at One Ocean Resort, Mr. David was arrested just one month earlier on domestic violence battery charges. Those charges were dropped by the prosecutor but were pending at the time of the alleged sexual battery at One Ocean Resort Spa.
Horowitz Law is handling numerous civil lawsuits involving sexual misconduct at various massages businesses and spas in the State of Florida. Under Florida law, massage therapists occupy positions of trust, and all sexual activity between the massage therapist and clients is strictly prohibited. Firas David is alleged to have violated the massage therapist-patient relationship, according to the Department of Health. A massage therapist may not use his relationship with a client to induce or attempt to induce the patient to engage or to engage or attempt to engage the client in sexual activity outside the scope of practice or the scope of generally accepted treatment.
Horowitz Law has filed numerous sexual assault lawsuits against massage therapists on behalf of clients who were sexually assaulted during massages at day spas and resorts. If you have been a victim of sexual assault or sexual battery during a massage, or if you know someone who has, please contact our law firm at 888-283-9922 or send an e-mail to sexual abuse lawyer Adam Horowitz at adam@adamhorowitzlaw.com for a free consultation.