On April 6, 2026, the Florida Department of Health issued an Emergency Suspension Order against the license of massage therapist Rene Antonio Garces Hernandez in Lee County, Florida. The Order was issued following allegations of sexual misconduct during a massage session performed while Garces Hernandez was working at Spavia Day Spa in Estero.
Garces Hernandez has been a licensed massage therapist in Florida since April 2022.
Allegations Against Rene Antonio Garces Hernandez
According to the Department of Health’s Emergency Order, the allegations stem from an incident that occurred on or about December 18, 2025, involving a female client.
Authorities allege that:
- Garces Hernandez manipulated the client’s arm and hand in a manner that caused her hand to repeatedly come into contact with his penis during a massage he performed
- Garces Hernandez repeated this conduct multiple times during the session
- Garces Hernandez undraped the client’s buttocks without her consent
- Garces Hernandez massaged the client’s bare gluteal area without consent
- Garces Hernandez later leaned over the client and kissed her on the mouth
The client reportedly felt uncomfortable, did not react immediately, and later described being in shock during the encounter.
Facts and Background
According to the Emergency Suspension Order:
- The client presented for a massage at Spavia Day Spa, located on Highland Oaks Dr. in Estero
- In preparation, she disrobed to her undergarments, lay face down on the table, and covered herself with a drape
- During the massage, the therapist allegedly engaged in repeated inappropriate contact involving the client’s hand and his body
- Garces Hernandez removed the drape covering the client’s buttocks without consent
- The client turned over, at which point the therapist continued the massage and ultimately kissed her
- The client left the establishment shortly after the session concluded
The Department of Health determined that these actions were outside the scope of acceptable massage therapy practice and violated professional standards.
Emergency Suspension of License
The Florida Department of Health concluded that Garces Hernandez abused his position as a massage therapist to sexually violate a client who trusted him to act professionally.
State regulators determined that his conduct demonstrated a lack of good judgment and moral character necessary to safely practice massage therapy, and that his continued practice poses an immediate and serious danger to the public.
As a result, the Department issued an immediate suspension of his license pending further disciplinary proceedings.
Massage Therapists Occupy Positions of Trust
When clients schedule a massage, they do so to relax and relieve stress. They trust that licensed massage therapists are properly vetted and will act professionally, with integrity, and with respect for boundaries.
Under Florida law, massage therapists occupy positions of trust, and any sexual contact with a client is strictly prohibited. A therapist may not use the therapist-client relationship to induce or attempt to induce a client to engage in sexual activity outside the accepted scope of practice or standards of treatment.
It is unlawful, unethical, and a violation of professional duty for any massage therapist to touch a client sexually. Because massage therapy occurs in private settings where clients are especially vulnerable, practitioners are expected to exercise sound judgment and uphold the highest standards of moral character.
Horowitz Law Is Here to Help
Horowitz Law has filed numerous sexual assault lawsuits against massage therapists for clients who were inappropriately touched at various massage salons and spas. If you have been a victim of sexual assault or sexual battery by Rene Antonio Garces Hernandez or any other therapist during a massage, or if you know someone who has, please contact our law firm at 888-283-9922 or email sexual abuse lawyer Adam Horowitz for a free consultation.