We are Matt & Jacki Stewart, owners of Indigo Float Jacksonville.
Hear our Journey...
Planning started in 2017....construction started in September 2018.
We put everything we had into building a facility to help others...
Soon after opening we received a letter from the Duval County Department of Health (DOH) office.
This particular county office apparently attempts to regulate float tanks as if they are recreational public swimming pools. As you will see below, how they chose to invoke their "authority" was statutorily baseless and crossed a line.
The approach towards regulation of float pods as public swimming pools creates issues and concerns, specifically regarding the mandated use of halogen pool chemicals (chlorine/bromine).
It is not wise to float with your head at water level with a concentration of halogens in the water, in an enclosed space. There are better methods of treating the water.
In fact, Bob Vincent (Florida DOH) once ordered the study below. It shows that there is no reliable method to measure chlorine in an epsom salt solution such as a float tank.
To date, it is not clear that Bob Vincent (DOH) has communicated this study to any county offices or health officials.
In an April 2019 meeting with the Dept of Health, Matt asked for an entry point for this discussion, to which Amy Meyer (Chief Legal Counsel Duval Co DOH) replied "you can do as you are told or I will get an injunction and shut you down."
We survived 2019, even with that looming threat, operating our new wellness business.
The DOH effort to bully us in court was slowed in 2019 and 2020 due to the Covid curveball, which we survived as well.
Our business was starting to thrive as the message of personal care and wellness began to hit home.
However, in February of 2021...
... after lying to a circuit judge about factual information...
Meyer and the DOH received an injunction saying we were operating without a permit and a "public nuissance" because of our lack of permit.
And this is what they did:
Sheriffs Office, VICE undercover unit, the Fire Marshall and the Building Dept....all ordered to take over our space by Meyer.
Surrounding our employee at the door and sweeping the space looking for crimes and violations.
Meyer and the Duval DOH forced us to stop operating our pods for almost two years.
They charged Matt and Jacki with Contempt of Court. The judge found that we were NOT in contempt. Still, we had to defend ourselves.
It took us two years to get an administrative ruling and the circuit injunction lifted. Two years our business was forced closed.
In late 2022, after three+ years of trying, we were finally able to have our case heard in Administrative Court.
Our hearing involved two main points:
1. our floatSpa pods are pieces of equipment used to facilitate Reduced Environmental Stimulation Therapy. They are not "public swimming pools" as asserted by the DOH;
2. the Department Of Health was relying on enforcement rules that were made-up on the fly instead of going through the proper rulemaking channels for a state agency.
On November 28, 2022 in our case against the FL Dept. of Health, a Judge for the Florida Division of Administrative Hearings ruled that the Department of Health’s “Float Tank Code” was an unadopted rule, and they must immediately stop relying upon it.
In February 2023 we reopened operations once again.
And although our customers came back in droves, the damage incurred over the previous two years was severe.
The party most impacted was our shopping center landlord.
It's now exactly 5 years into this journey, and it's time to renew our lease...
Except the landlord has chosen not to do so.
Here's what we know:
We are trying to find the next location for Indigo Float Jacksonville. The current buildout was substantial (250k).
Our intent is to keep the modality of floating alive for our customers and for the community. The service is needed now more than ever.
How can you help?
Speak up.
Make a donation.
We are preparing a more comprehensive writeup about our story to include full details for those who are interested; please stay tuned.
MAIN OFFICE:
1111 San Jose Blvd Suite 70
Jacksonville, FL 32223
PHONE:
+1-904-337-0084
Email Us: [email protected]
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