f.s. 2017 business and professional regulation: …455.2121 education; accreditation. 455.2122...

CHAPTER 455

BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONS

455.01 Definitions.455.017 Applicability of this chapter.455.02 Licensure of members of the Armed Forces

in good standing and their spouses orsurviving spouses with administrativeboards or programs.

455.10 Restriction on requirement of citizenship.455.11 Qualification of immigrants for examination

to practice a licensed profession oroccupation.

455.116 Regulation trust funds.455.1165 Federal Grants Trust Fund.455.117 Sale of services and information by depart-

ment.455.201 Professions and occupations regulated by

department; legislative intent; require-ments.

455.203 Department; powers and duties.455.2035 Rulemaking authority for professions not

under a board.455.204 Long-range policy planning; plans, reports,

and recommendations.455.205 Contacting boards through department.455.207 Boards; organization; meetings; compen-

sation and travel expenses.455.208 Publication of information.455.209 Accountability and liability of board mem-

bers.455.211 Board rules; final agency action; chal-

lenges.455.212 Education; substituting demonstration of

competency for clock-hour require-ments.

455.2121 Education; accreditation.455.2122 Education.455.2123 Continuing education.455.2124 Proration of or not requiring continuing

education.455.2125 Consultation with postsecondary education

boards prior to adoption of changes totraining requirements.

455.213 General licensing provisions.455.214 Limited licenses.455.217 Examinations.455.2171 Use of professional testing services.455.2175 Penalty for theft or reproduction of an

examination.455.2177 Monitoring of compliance with continuing

education requirements.455.2178 Continuing education providers.455.2179 Continuing education provider and course

approval; cease and desist orders.455.218 Foreign-trained professionals; special ex-

amination and license provisions.455.2185 Exemption for certain out-of-state or for-

eign professionals; limited practice per-mitted.

455.219 Fees; receipts; disposition; periodic man-agement reports.

455.221 Legal and investigative services.455.2228 Barbers and cosmetologists; instruction on

HIV and AIDS.455.223 Power to administer oaths, take deposi-

tions, and issue subpoenas.455.2235 Mediation.455.224 Authority to issue citations.455.225 Disciplinary proceedings.455.2255 Classification of disciplinary actions.455.227 Grounds for discipline; penalties; enforce-

ment.455.2273 Disciplinary guidelines.455.2274 Criminal proceedings against licensees;

appearances by department representa-tives.

455.2275 Penalty for giving false information.455.2277 Prosecution of criminal violations.455.228 Unlicensed practice of a profession; cease

and desist notice; civil penalty; enforce-ment; citations; allocation of moneyscollected.

455.2281 Unlicensed activities; fees; disposition.455.2285 Annual report concerning finances, admin-

istrative complaints, disciplinary actions,and recommendations.

455.2286 Automated information system.455.229 Public inspection of information required

from applicants; exceptions; examinationhearing.

455.232 Disclosure of confidential information.455.24 Advertisement by a veterinarian of free or

discounted services; required statement.455.242 Veterinarians; disposition of records of

deceased practitioners or practitionersrelocating or terminating practice.

455.243 Authority to inspect.455.245 Veterinarians; immediate suspension of

license.455.271 Inactive and delinquent status.455.273 Renewal and cancellation notices.455.275 Address of record.455.32 Management Privatization Act.

455.01 Definitions.—As used in this chapter, theterm:

(1) “Board” means any board or commission, orother statutorily created entity to the extent such entity isauthorized to exercise regulatory or rulemaking func-tions, within the department, including the Florida RealEstate Commission; except that, for ss. 455.201-455.245, “board” means only a board, or other statuto-rily created entity to the extent such entity is authorizedto exercise regulatory or rulemaking functions, withinthe Division of Certified Public Accounting, the Divisionof Professions, or the Division of Real Estate.

(2) “Consumer member” means a person appointedto serve on a specific board or who has served on aspecific board, who is not, and never has been, a

F.S. 2017 BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONS Ch. 455

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member or practitioner of the profession, or of anyclosely related profession, regulated by such board.

(3) “Department” means the Department of Busi-ness and Professional Regulation.

(4) “License” means any permit, registration, certi-ficate, or license issued by the department.

(5) “Licensee” means any person issued a permit,registration, certificate, or license by the department.

(6) “Profession” means any activity, occupation,profession, or vocation regulated by the department inthe Divisions of Certified Public Accounting, Profes-sions, Real Estate, and Regulation.

History.—s. 1, ch. 21885, 1943; s. 1, ch. 28215, 1953; s. 12, ch. 63-195; s. 2, ch.65-170; s. 27, ch. 67-248; s. 3, ch. 67-409; s. 1, ch. 67-596; s. 121, ch. 71-355; s.122, ch. 73-333; s. 5, ch. 79-36; s. 123, ch. 79-164; s. 2, ch. 84-70; s. 9, ch. 91-220;s. 4, ch. 92-149; s. 5, ch. 93-220; s. 1, ch. 96-291; s. 3, ch. 97-261; s. 109, ch.2000-153; s. 23, ch. 2000-160.

Note.—Former s. 485.01.

455.017 Applicability of this chapter.— Thischapter applies only to the regulation of professionsby the department.

History.—s. 60, ch. 94-218; s. 4, ch. 2010-106.

455.02 Licensure of members of the ArmedForces in good standing and their spouses orsurviving spouses with administrative boards orprograms.—

(1) Any member of the Armed Forces of the UnitedStates now or hereafter on active duty who, at the timeof becoming such a member, was in good standing withany of the boards or programs listed in s. 20.165 andwas entitled to practice or engage in his or herprofession or vocation in the state shall be kept ingood standing by the applicable board or program,without registering, paying dues or fees, or performingany other act on his or her part to be performed, as longas he or she is a member of the Armed Forces of theUnited States on active duty and for a period of 2 yearsafter discharge from active duty as a member of theArmed Forces of the United States, if he or she is notengaged in his or her licensed profession or vocation inthe private sector for profit.

(2) A spouse of a member of the Armed Services ofthe United States who is married to a member during aperiod of active duty, or a surviving spouse of a memberwho at the time of death was serving on active duty, whois in good standing with any of the boards or programslisted in s. 20.165 shall be kept in good standing by theapplicable board or program as described in subsection(1) and shall be exempt from licensure renewal provi-sions, but only in cases of his or her absence from thestate because of his or her spouse’s duties with theArmed Forces.

(3)(a) The department shall issue a professionallicense to an applicant who is or was an active dutymember of the Armed Forces of the United States, orwho is a spouse or surviving spouse of such member,upon application to the department in a format pre-scribed by the department. An application must includeproof that:

1. The applicant is or was an active duty member ofthe Armed Forces of the United States or is married to amember of the Armed Forces of the United States andwas married to the member during any period of active

duty or was married to such a member who at the time ofthe member’s death was serving on active duty. Anapplicant who was an active duty member of the ArmedForces of the United States must have received anhonorable discharge upon separation or discharge fromthe Armed Forces of the United States.

2. The applicant holds a valid license for theprofession issued by another state, the District ofColumbia, any possession or territory of the UnitedStates, or any foreign jurisdiction.

3. The applicant, where required by the specificpractice act, has complied with insurance or bondingrequirements.

4.a. A complete set of the applicant’s fingerprints issubmitted to the Department of Law Enforcement for astatewide criminal history check.

b. The Department of Law Enforcement shallforward the fingerprints submitted pursuant to sub-subparagraph a. to the Federal Bureau of Investigationfor a national criminal history check. The departmentshall, and the board may, review the results of thecriminal history checks according to the level 2 screen-ing standards in s. 435.04 and determine whether theapplicant meets the licensure requirements. The costsof fingerprint processing shall be borne by the applicant.If the applicant’s fingerprints are submitted through anauthorized agency or vendor, the agency or vendor shallcollect the required processing fees and remit the feesto the Department of Law Enforcement.

(b) The department shall waive the applicant’s initiallicensure application fee.

(c) An applicant who is issued a license under thissection may renew such license upon completion of theconditions for renewal required of licenseholders underthe applicable practice act, including, without limitation,continuing education requirements. This paragraphdoes not limit waiver of initial licensure requirementsunder this subsection.

History.—s. 2, ch. 21885, 1943; s. 5, ch. 79-36; s. 95, ch. 83-329; s. 1, ch. 84-15;s. 71, ch. 85-81; s. 6, ch. 93-220; s. 186, ch. 97-103; s. 5, ch. 2010-106; s. 4, ch.2010-182; s. 2, ch. 2017-135.


455.10 Restriction on requirement of citizen-ship.—No person shall be disqualified from practicingan occupation or profession regulated by the statesolely because he or she is not a United States citizen.

History.—ss. 1, 2, 3, ch. 72-125; s. 1, ch. 74-37; s. 1, ch. 77-174; s. 5, ch. 79-36;s. 187, ch. 97-103.


455.11 Qualification of immigrants for examina-tion to practice a licensed profession or occupa-tion.—

(1) It is the declared purpose of this section toencourage the use of foreign-speaking Florida residentsduly qualified to become actively qualified in theirprofessions so that all Florida citizens may receivebetter services.

(2) Any person who has successfully completed, oris currently enrolled in, an approved course of studycreated pursuant to chapters 74-105 and 75-177, Lawsof Florida, shall be deemed qualified for examinationand reexaminations for a professional or occupationallicense which shall be administered in the English

Ch. 455 BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONS F.S. 2017

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language unless 15 or more such applicants requestthat said reexamination be administered in their nativelanguage. In the event that such reexamination isadministered in a foreign language, the full cost to theboard of preparing and administering same shall beborne by said applicants.

(3) Each board within the department shall adoptand implement programs designed to qualify for exam-ination all persons who were resident nationals of theRepublic of Cuba and who, on July 1, 1977, wereresidents of this state.

History.—ss. 1, 3, ch. 77-255; s. 5, ch. 79-36; s. 194, ch. 79-400; s. 5, ch.92-149; s. 61, ch. 94-218.


455.116 Regulation trust funds.—The followingtrust funds shall be placed in the department:

(1) Administrative Trust Fund.(2) Alcoholic Beverage and Tobacco Trust Fund.(3) Cigarette Tax Collection Trust Fund.(4) Hotel and Restaurant Trust Fund.(5) Division of Florida Condominiums, Timeshares,

and Mobile Homes Trust Fund.(6) Pari-mutuel Wagering Trust Fund.(7) Professional Regulation Trust Fund.History.—s. 8, ch. 93-220; s. 44, ch. 96-418; s. 22, ch. 2008-240; s. 1, ch.

2011-30; s. 2, ch. 2012-143.

455.1165 Federal Grants Trust Fund.—(1) The Federal Grants Trust Fund is created within

the Department of Business and Professional Regula-tion.

(2) The trust fund is established for use as adepository for funds to be used for allowable grantactivities funded by restricted program revenues fromfederal sources. Moneys to be credited to the trust fundshall consist of grants and funding from the FederalGovernment, interest earnings, and cash advancesfrom other trust funds. Funds shall be expended onlypursuant to legislative appropriation or an approvedamendment to the department’s operating budgetpursuant to the provisions of chapter 216.

History.—s. 1, ch. 2011-60; s. 2, ch. 2014-44.

455.117 Sale of services and information bydepartment.—The department may provide, directlyor by contract, services and information to other levelsof government and private entities.

History.—s. 9, ch. 93-220.

455.201 Professions and occupations regulatedby department; legislative intent; requirements.—

(1) It is the intent of the Legislature that personsdesiring to engage in any lawful profession regulated bythe department shall be entitled to do so as a matter ofright if otherwise qualified.

(2) The Legislature further believes that such pro-fessions shall be regulated only for the preservation ofthe health, safety, and welfare of the public under thepolice powers of the state. Such professions shall beregulated when:

(a) Their unregulated practice can harm or endan-ger the health, safety, and welfare of the public, andwhen the potential for such harm is recognizable and

clearly outweighs any anticompetitive impact which mayresult from regulation.

(b) The public is not effectively protected by othermeans, including, but not limited to, other state statutes,local ordinances, or federal legislation.

(c) Less restrictive means of regulation are notavailable.

(3) It is further legislative intent that the use of theterm “profession” with respect to those activitieslicensed and regulated by the department shall not bedeemed to mean that such activities are not occupa-tions for other purposes in state or federal law.

(4)(a) Neither the department nor any board maycreate unreasonably restrictive and extraordinary stan-dards that deter qualified persons from entering thevarious professions. Neither the department nor anyboard may take any action that tends to create ormaintain an economic condition that unreasonablyrestricts competition, except as specifically providedby law.

(b) Neither the department nor any board maycreate a regulation that has an unreasonable effecton job creation or job retention in the state or that placesunreasonable restrictions on the ability of individualswho seek to practice or who are practicing a givenprofession or occupation to find employment.

(c) The Legislature shall evaluate proposals toincrease regulation of already regulated professionsor occupations to determine their effect on job creationor retention and employment opportunities.

(5) Policies adopted by the department shall ensurethat all expenditures are made in the most cost-effectivemanner to maximize competition, minimize licensurecosts, and maximize public access to meetings con-ducted for the purpose of professional regulation. Thelong-range planning function of the department shall beimplemented to facilitate effective operations and toeliminate inefficiencies.

History.—s. 1, ch. 76-28; s. 5, ch. 79-36; s. 122, ch. 79-164; s. 3, ch. 82-1; s. 79,ch. 83-218; s. 36, ch. 92-33; s. 6, ch. 92-149; s. 20, ch. 93-129; s. 62, ch. 94-218; s.134, ch. 99-251.


455.203 Department; powers and duties.—Thedepartment, for the boards under its jurisdiction, shall:

(1) Adopt rules establishing a procedure for thebiennial renewal of licenses; however, the departmentmay issue up to a 4-year license to selected licenseesnotwithstanding any other provisions of law to thecontrary. Fees for such renewal shall not exceed thefee caps for individual professions on an annualizedbasis as authorized by law.

(2) Appoint the executive director of each board,subject to the approval of the board.

(3) Submit an annual budget to the Legislature at atime and in the manner provided by law.

(4) Develop a training program for persons newlyappointed to membership on any board. The programshall familiarize such persons with the substantive andprocedural laws and rules and fiscal information relatingto the regulation of the appropriate profession and withthe structure of the department.

(5) Adopt rules pursuant to ss. 120.536(1) and120.54 to implement the provisions of this chapter.


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(6) Establish by rule procedures by which thedepartment shall use the expert or technical advice ofthe appropriate board for the purposes of investigation,inspection, evaluation of applications, other duties of thedepartment, or any other areas the department maydeem appropriate.

(7) Require all proceedings of any board or panelthereof and all formal or informal proceedings con-ducted by the department, an administrative law judge,or a hearing officer with respect to licensing or disciplineto be electronically recorded in a manner sufficient toassure the accurate transcription of all matters sorecorded.

(8) Select only those investigators, or consultantswho undertake investigations, who meet criteria estab-lished with the advice of the respective boards.

(9) Work cooperatively with the Department ofRevenue to implement an automated method forperiodically disclosing information relating to currentlicensees to the Department of Revenue. The purposeof this subsection is to promote the public policy of thisstate as established in s. 409.2551. The departmentshall, when directed by the court or the Department ofRevenue pursuant to s. 409.2598, suspend or deny thelicense of any licensee found not to be in compliancewith a support order, subpoena, order to show cause, orwritten agreement entered into by the licensee with theDepartment of Revenue. The department shall issue orreinstate the license without additional charge to thelicensee when notified by the court or the Department ofRevenue that the licensee has complied with the termsof the support order. The department shall not be heldliable for any license denial or suspension resulting fromthe discharge of its duties under this subsection.

(10) Have authority to:(a) Close and terminate deficient license application

files 2 years after the board or the department notifiesthe applicant of the deficiency; and

(b) Approve applications for professional licensesthat meet all statutory and rule requirements forlicensure.

History.—s. 5, ch. 79-36; s. 27, ch. 81-302; s. 7, ch. 83-329; s. 15, ch. 86-285; s.15, ch. 89-162; s. 1, ch. 90-228; s. 37, ch. 92-33; s. 7, ch. 92-149; s. 23, ch. 93-129;s. 10, ch. 93-208; s. 10, ch. 93-262; ss. 63, 64, ch. 94-218; s. 206, ch. 96-410; s. 4,ch. 97-261; s. 117, ch. 98-200; s. 24, ch. 2000-160; s. 51, ch. 2001-158; s. 38, ch.2005-39; s. 21, ch. 2008-240.

455.2035 Rulemaking authority for professionsnot under a board.—The department may adopt rulespursuant to ss. 120.536(1) and 120.54 to implement theregulatory requirements of any profession within thedepartment’s jurisdiction which does not have a statu-torily authorized regulatory board.

History.—s. 136, ch. 99-251.

455.204 Long-range policy planning; plans, re-ports, and recommendations.—To facilitate efficientand cost-effective regulation, the department and theboard, where appropriate, shall develop and implementa long-range policy planning and monitoring process toinclude recommendations specific to each profession.Such process shall include estimates of revenues,expenditures, cash balances, and performance statis-tics for each profession. The period covered shall not beless than 5 years. The department, with input from the

boards, shall develop the long-range plan and mustobtain the approval of the secretary. The departmentshall monitor compliance with the approved long-rangeplan and, with input from the boards, shall annuallyupdate the plans for approval by the secretary. Thedepartment shall provide concise management reportsto the boards quarterly. As part of the review process,the department shall evaluate:

(1) Whether the department, including the boardsand the various functions performed by the department,is operating efficiently and effectively and if there is aneed for a board or council to assist in cost-effectiveregulation.

(2) How and why the various professions areregulated.

(3) Whether there is a need to continue regulation,and to what degree.

(4) Whether or not consumer protection is ade-quate, and how it can be improved.

(5) Whether there is consistency between thevarious practice acts.

(6) Whether unlicensed activity is adequately en-forced.

Such plans should include conclusions and recommen-dations on these and other issues as appropriate. Suchplans shall be provided to the Governor and theLegislature by November 1 of each year.

History.—s. 8, ch. 92-149.

455.205 Contacting boards through depart-ment.—Each board under the jurisdiction of the depart-ment may be contacted through the headquarters of thedepartment in the City of Tallahassee or at any regionaloffice of the department.

History.—s. 30, ch. 69-106; s. 2, ch. 77-115; s. 5, ch. 79-36; s. 38, ch. 92-33; s.23, ch. 93-129; ss. 65, 66, ch. 94-218; s. 5, ch. 97-261.


455.207 Boards; organization; meetings; com-pensation and travel expenses.—

(1) Each board within the department shall complywith the provisions of this section.

(2) The board shall annually elect from among itsnumber a chairperson and vice chairperson.

(3) The board shall meet at least once annually andmay meet as often as is necessary. The chairperson ora quorum of the board shall have the authority to callother meetings. A quorum shall be necessary for theconduct of official business by the board or anycommittee thereof. Unless otherwise provided by law,51 percent or more of the appointed members of theboard or any committee, when applicable, shall con-stitute a quorum. The membership of committees of theboard, except as otherwise authorized pursuant to thischapter or the applicable practice act, shall be com-posed of currently appointed members of the board.The vote of a majority of the members of the quorumshall be necessary for any official action by the board orcommittee. Three consecutive unexcused absences orabsences constituting 50 percent or more of the board’smeetings within any 12-month period shall cause theboard membership of the member in question tobecome void, and the position shall be considered


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vacant. The board, or the department when there is noboard, shall, by rule, define unexcused absences.

(4) Unless otherwise provided by law, a boardmember or former board member serving on a probablecause panel shall be compensated $50 for each day inattendance at an official meeting of the board and foreach day of participation in any other business involvingthe board. Each board shall adopt rules defining thephrase “other business involving the board,” but thephrase may not routinely be defined to include tele-phone conference calls. A board member also shall beentitled to reimbursement for expenses pursuant to s.112.061. Travel out of state shall require the priorapproval of the secretary.

(5) When two or more boards have differencesbetween them, the boards may elect to, or the secretarymay request that the boards, establish a specialcommittee to settle those differences. The specialcommittee shall consist of three members designatedby each board, who may be members of the designatingboard or other experts designated by the board, and ofone additional person designated and agreed to by themembers of the special committee. In the event thespecial committee cannot agree on the additionaldesignee, upon request of the special committee, thesecretary may select the designee. The committee shallrecommend rules necessary to resolve the differences.If a rule adopted pursuant to this provision is challenged,the participating boards shall share the costs associatedwith defending the rule or rules. The department shallprovide legal representation for any special committeeestablished pursuant to this section.

History.—s. 5, ch. 79-36; s. 28, ch. 81-302; s. 8, ch. 83-329; s. 72, ch. 85-81; s.4, ch. 88-392; s. 39, ch. 92-33; s. 9, ch. 92-149; s. 23, ch. 93-129; s. 3, ch. 94-119; s.6, ch. 97-261; s. 25, ch. 2000-160.

455.208 Publication of information.—The depart-ment and the boards shall have the authority to adviselicensees periodically, through the publication of anewsletter, about information that the department orthe board determines is of interest to the industry.Unless otherwise prohibited by law, the department andthe boards shall publish a summary of final ordersresulting in fines, suspensions, or revocations, and anyother information the department or the board deter-mines is of interest to the public.

History.—s. 5, ch. 88-392; s. 40, ch. 92-33; s. 10, ch. 92-149; s. 23, ch. 93-129;s. 67, ch. 94-218; s. 7, ch. 97-261.

455.209 Accountability and liability of boardmembers.—

(1) Each board member shall be accountable to theGovernor for the proper performance of duties as amember of the board. The Governor shall investigateany legally sufficient complaint or unfavorable writtenreport received by the Governor or by the department ora board concerning the actions of the board or itsindividual members. The Governor may suspend fromoffice any board member for malfeasance, misfea-sance, neglect of duty, drunkenness, incompetence,permanent inability to perform the member’s officialduties, or commission of a felony.

(2) Each board member and each former boardmember serving on a probable cause panel shall be

exempt from civil liability for any act or omission whenacting in the member’s official capacity, and thedepartment shall defend any such member in any actionagainst any board or member of a board arising fromany such act or omission. In addition, the departmentmay defend the member’s company or business in anyaction against the company or business if the depart-ment determines that the actions from which the suitarises are actions taken by the member in the member’sofficial capacity and were not beyond the member’sstatutory authority. In providing such defense, thedepartment may employ or utilize the legal services ofthe Department of Legal Affairs or outside counselretained pursuant to s. 287.059. Fees and costs ofproviding legal services provided under this subsectionshall be paid from the Professional Regulation TrustFund, subject to the provisions of ss. 215.37 and455.219.

History.—s. 5, ch. 79-36; ss. 13, 15, 25, 30, 34, 57, 62, ch. 80-406; s. 6, ch.88-392; s. 2, ch. 90-228; s. 41, ch. 92-33; s. 11, ch. 92-149; s. 23, ch. 93-129; s. 68,ch. 94-218; s. 188, ch. 97-103; s. 8, ch. 97-261; s. 1, ch. 98-166; s. 151, ch. 99-251.

455.211 Board rules; final agency action; chal-lenges.—

(1) The secretary of the department shall havestanding to challenge any rule or proposed rule of aboard under its jurisdiction pursuant to s. 120.56. Inaddition to challenges for any invalid exercise ofdelegated legislative authority, the administrative lawjudge, upon such a challenge by the secretary, maydeclare all or part of a rule or proposed rule invalid if it:

(a) Does not protect the public from any significantand discernible harm or damages;

(b) Unreasonably restricts competition or the avail-ability of professional services in the state or in asignificant part of the state; or

(c) Unnecessarily increases the cost of professionalservices without a corresponding or equivalent publicbenefit.

However, there shall not be created a presumption ofthe existence of any of the conditions cited in thissubsection in the event that the rule or proposed rule ischallenged.

(2) In addition, either the secretary or the boardshall be a substantially interested party for purposes ofs. 120.54(7). The board may, as an adversely affectedparty, initiate and maintain an action pursuant to s.120.68 challenging the final agency action.

(3) No board created within the department shallhave standing to challenge a rule or proposed rule ofanother board. However, if there is a dispute betweenboards concerning a rule or proposed rule, the boardsmay avail themselves of the provisions of s. 455.207(5).

(4) Any proposed board rule that has not beenmodified to remove proposed committee objections ofthe Administrative Procedures Committee must receiveapproval from the department prior to filing the rule withthe Department of State for final adoption. The depart-ment may repeal any rule enacted by the board whichhas taken effect without having met proposed commit-tee objections of the Administrative Procedures Com-mittee.

History.—s. 5, ch. 79-36; s. 42, ch. 92-33; s. 12, ch. 92-149; s. 23, ch. 93-129; s.69, ch. 94-218; s. 207, ch. 96-410; s. 9, ch. 97-261; s. 5, ch. 2000-356.


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455.212 Education; substituting demonstrationof competency for clock-hour requirements.—Anyboard, or the department when there is no board, thatrequires student completion of a specific number ofclock hours of classroom instruction for initial licensurepurposes shall establish the minimal competencies thatsuch students must demonstrate in order to be licensed.The demonstration of such competencies may besubstituted for specific classroom clock-hour require-ments established in statute or rule which are related toinstructional programs for licensure purposes. Studentdemonstration of the established minimum competen-cies shall be certified by the educational institution. Theprovisions of this section shall not apply to boards forwhich federal licensure standards are more restrictive orstringent than the standards prescribed in statute.

History.—s. 63, ch. 92-136; s. 30, ch. 92-321.

455.2121 Education; accreditation.—Notwith-standing any other provision of law, educational pro-grams and institutions which are required by statute tobe accredited, but which were accredited by an agencythat has since ceased to perform an accreditingfunction, shall be recognized until such programs andinstitutions are accredited by a qualified successor tothe original accrediting agency, an accrediting agencyrecognized by the United States Department of Educa-tion, or an accrediting agency recognized by the board,or the department when there is no board.

History.—s. 4, ch. 94-119.

455.2122 Education.—A board, or the departmentwhere there is no board, shall approve distance learningcourses as an alternative to classroom courses tosatisfy prelicensure or postlicensure education require-ments provided for in part VIII of chapter 468 or part I ofchapter 475. A board, or the department when there isno board, may not require centralized examinations forcompletion of prelicensure or postlicensure educationrequirements for those professions licensed under partVIII of chapter 468 or part I of chapter 475.

History.—s. 6, ch. 2010-106; s. 4, ch. 2010-176.

455.2123 Continuing education.—A board, or thedepartment when there is no board, may provide by rulethat distance learning may be used to satisfy continuingeducation requirements. A board, or the departmentwhen there is no board, shall approve distance learningcourses as an alternative to classroom courses tosatisfy continuing education requirements provided forin part VIII, part XV, or part XVI of chapter 468 or part I orpart II of chapter 475 and may not require centralizedexaminations for completion of continuing educationrequirements for the professions licensed under partVIII, part XV, or part XVI of chapter 468 or part I or part IIof chapter 475.

History.—s. 137, ch. 99-251; s. 7, ch. 2010-106; s. 5, ch. 2010-176.

455.2124 Proration of or not requiring continu-ing education.—A board, or the department whenthere is no board, may:

(1) Prorate continuing education for new licenseesby requiring half of the required continuing education forany applicant who becomes licensed with more than

half the renewal period remaining and no continuingeducation for any applicant who becomes licensed withhalf or less than half of the renewal period remaining; or

(2) Require no continuing education until the first fullrenewal cycle of the licensee.

These options shall also apply when continuing educa-tion is first required or the number of hours required isincreased by law or the board, or the department whenthere is no board.

History.—s. 138, ch. 99-251.

455.2125 Consultation with postsecondary edu-cation boards prior to adoption of changes totraining requirements.—Any state agency or boardthat has jurisdiction over the regulation of a professionor occupation shall consult with the Commission forIndependent Education, the Board of Governors of theState University System, and the State Board ofEducation prior to adopting any changes to trainingrequirements relating to entry into the profession oroccupation. This consultation must allow the educa-tional board to provide advice regarding the impact ofthe proposed changes in terms of the length of timenecessary to complete the training program and thefiscal impact of the changes. The educational boardmust be consulted only when an institution offering thetraining program falls under its jurisdiction.

History.—s. 23, ch. 95-243; s. 34, ch. 98-421; s. 71, ch. 2004-5; s. 13, ch.2004-41; s. 53, ch. 2007-217.

455.213 General licensing provisions.—(1) Any person desiring to be licensed shall apply to

the department in writing. The application for licensureshall be submitted on a form prescribed by the depart-ment and must include the applicant’s social securitynumber. Notwithstanding any other provision of law, thedepartment is the sole authority for determining thecontents of any documents to be submitted for initiallicensure and licensure renewal. Such documents maycontain information including, as appropriate: demo-graphics, education, work history, personal back-ground, criminal history, finances, business information,complaints, inspections, investigations, discipline,bonding, photographs, performance periods, recipro-city, local government approvals, supporting documen-tation, periodic reporting requirements, fingerprint re-quirements, continuing education requirements, andongoing education monitoring. The application shallbe supplemented as needed to reflect any materialchange in any circumstance or condition stated in theapplication which takes place between the initial filing ofthe application and the final grant or denial of the licenseand which might affect the decision of the department.In order to further the economic development goals ofthe state, and notwithstanding any law to the contrary,the department may enter into an agreement with thecounty tax collector for the purpose of appointing thecounty tax collector as the department’s agent to acceptapplications for licenses and applications for renewalsof licenses. The agreement must specify the time withinwhich the tax collector must forward any applicationsand accompanying application fees to the department.In cases where a person applies or schedules directly


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with a national examination organization or examinationvendor to take an examination required for licensure,any organization- or vendor-related fees associatedwith the examination may be paid directly to theorganization or vendor. An application is received forpurposes of s. 120.60 upon the department’s receipt ofthe application submitted in the format prescribed by thedepartment; the application fee set by the board or, ifthere is no board, set by the department; and any otherfee required by law or rule to be remitted with theapplication.

(2) Before the issuance of any license, the depart-ment may charge an initial license fee as determined byrule of the applicable board or, if no such board exists,by rule of the department. Upon receipt of the appro-priate license fee, except as provided in subsection (3),the department shall issue a license to any personcertified by the appropriate board, or its designee, or thedepartment when there is no board, as having met theapplicable requirements imposed by law or rule. How-ever, an applicant who is not otherwise qualified forlicensure is not entitled to licensure solely based on apassing score on a required examination. Upon adetermination by the department that it erroneouslyissued a license, or upon the revocation of a license bythe applicable board, or by the department when there isno board, the licensee must surrender his or her licenseto the department.

(3) The board, or the department when there is noboard, may refuse to issue an initial license to anyapplicant who is under investigation or prosecution inany jurisdiction for an action that would constitute aviolation of this chapter or the professional practice actsadministered by the department and the boards, untilsuch time as the investigation or prosecution is com-plete.

(4) When any administrative law judge conducts ahearing pursuant to the provisions of chapter 120 withrespect to the issuance of a license by the department,the administrative law judge shall submit his or herrecommended order to the appropriate board, whichshall thereupon issue a final order. The applicant for alicense may appeal the final order of the board inaccordance with the provisions of chapter 120.

(5) A privilege against civil liability is hereby grantedto any witness for any information furnished by thewitness in any proceeding pursuant to this section,unless the witness acted in bad faith or with malice inproviding such information.

(6) Any board that currently requires continuingeducation for renewal of a license shall adopt rules toestablish the criteria for continuing education courses.The rules may provide that up to a maximum of 25percent of the required continuing education hours canbe fulfilled by the performance of pro bono services tothe indigent or to underserved populations or in areas ofcritical need within the state where the licenseepractices. The board, or the department when there isno board, must require that any pro bono services beapproved in advance in order to receive credit forcontinuing education under this section. The standardfor determining indigency shall be that recognized bythe Federal Poverty Income Guidelines produced by the

United States Department of Health and Human Ser-vices. The rules may provide for approval by the board,or the department when there is no board, that a part ofthe continuing education hours can be fulfilled byperforming research in critical need areas or for trainingleading to advanced professional certification. Theboard, or the department when there is no board,may make rules to define underserved and criticalneed areas. The department shall adopt rules for theadministration of continuing education requirementsadopted by the boards or the department when thereis no board.

(7) Notwithstanding anything to the contrary, anyelected official who is licensed pursuant to any practiceact within the purview of this chapter may hold employ-ment for compensation with any public agency con-current with such public service. Such dual service shallbe disclosed according to any disclosure required byapplicable law.

(8) In any instance in which a licensee or applicantto the department is required to be in compliance with aparticular provision by, on, or before a certain date, andif that date occurs on a Saturday, Sunday, or a legalholiday, then the licensee or applicant is deemed to bein compliance with the specific date requirement if therequired action occurs on the first succeeding day whichis not a Saturday, Sunday, or legal holiday.

(9) Pursuant to the federal Personal Responsibilityand Work Opportunity Reconciliation Act of 1996, eachparty is required to provide his or her social securitynumber in accordance with this section. Disclosure ofsocial security numbers obtained through this require-ment shall be limited to the purpose of administration ofthe Title IV-D program for child support enforcementand use by the Department of Business and Profes-sional Regulation, and as otherwise provided by law.

(10) For any profession requiring fingerprints as partof the registration, certification, or licensure process orfor any profession requiring a criminal history recordcheck to determine good moral character, the finger-prints of the applicant must accompany all applicationsfor registration, certification, or licensure. The finger-prints shall be forwarded to the Division of CriminalJustice Information Systems within the Department ofLaw Enforcement for processing to determine whetherthe applicant has a criminal history record. The finger-prints shall also be forwarded to the Federal Bureau ofInvestigation to determine whether the applicant has acriminal history record. The information obtained by theprocessing of the fingerprints by the Department of LawEnforcement and the Federal Bureau of Investigationshall be sent to the department to determine whetherthe applicant is statutorily qualified for registration,certification, or licensure.

(11) Any submission required to be in writing mayotherwise be required by the department to be made byelectronic means. The department is authorized tocontract with private vendors, or enter into interagencyagreements, to collect electronic fingerprints wherefingerprints are required for registration, certification,or the licensure process or where criminal history recordchecks are required.


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(12) The department shall waive the initial licensingfee, the initial application fee, and the initial unlicensedactivity fee for a military veteran or his or her spouse atthe time of discharge, if he or she applies to thedepartment for a license, in a format prescribed bythe department, within 60 months after the veteran isdischarged from any branch of the United States ArmedForces. To qualify for this waiver, the veteran must havebeen honorably discharged.

History.—s. 5, ch. 79-36; s. 29, ch. 81-302; s. 9, ch. 83-329; s. 7, ch. 84-203; s.30, ch. 85-175; s. 3, ch. 86-287; s. 1, ch. 89-162; s. 67, ch. 89-374; s. 1, ch. 91-137;s. 10, ch. 91-220; s. 43, ch. 92-33; ss. 13, 76, ch. 92-149; s. 23, ch. 93-129; ss. 1, 4,ch. 96-309; s. 208, ch. 96-410; s. 1078, ch. 97-103; s. 63, ch. 97-170; s. 1, ch.97-228; s. 10, ch. 97-261; s. 53, ch. 97-278; s. 2, ch. 98-166; s. 37, ch. 98-397; s.139, ch. 99-251; s. 26, ch. 2000-160; s. 1, ch. 2001-269; s. 9, ch. 2001-278; s. 1, ch.2007-86; s. 1, ch. 2009-195; s. 8, ch. 2010-106; s. 2, ch. 2012-61; s. 3, ch. 2012-72;s. 40, ch. 2013-116; s. 26, ch. 2014-1.

455.214 Limited licenses.—(1) It is the intent of the Legislature that, absent a

threat to the health, safety, and welfare of the public, theuse of retired professionals in good standing to servethe indigent, underserved, or critical need populations ofthis state should be encouraged. To that end, the board,or the department when there is no board, may adoptrules to permit practice by retired professionals aslimited licensees under this section.

(2) Any person desiring to obtain a limited license,when permitted by rule, shall submit to the board, or thedepartment when there is no board, an application andfee, not to exceed $300, and an affidavit stating that theapplicant has been licensed to practice in any jurisdic-tion in the United States for at least 10 years in theprofession for which the applicant seeks a limitedlicense. The affidavit shall also state that the applicanthas retired or intends to retire from the practice of thatprofession and intends to practice only pursuant to therestrictions of the limited license granted pursuant tothis section. If the applicant for a limited license submitsa notarized statement from the employer stating that theapplicant will not receive monetary compensation forany service involving the practice of his or her profes-sion, the application and all licensure fees shall bewaived.

(3) The board, or the department when there is noboard, may deny limited licensure to an applicant whohas committed, or is under investigation or prosecutionfor, any act which would constitute the basis fordiscipline pursuant to the provisions of this chapter orthe applicable practice act.

(4) The recipient of a limited license may practiceonly in the employ of public agencies or institutions ornonprofit agencies or institutions which meet therequirements of s. 501(c)(3) of the Internal RevenueCode, and which provide professional liability coveragefor acts or omissions of the limited licensee. A limitedlicensee may provide services only to the indigent,underserved, or critical need populations within thestate. The standard for determining indigency shall bethat recognized by the Federal Poverty Income Guide-lines produced by the United States Department ofHealth and Human Services. The board, or the depart-ment when there is no board, may adopt rules to defineunderserved and critical need areas and to ensureimplementation of this section.

(5) A board, or the department when there is noboard, may provide by rule for supervision of limitedlicensees to protect the health, safety, and welfare of thepublic.

(6) Each applicant granted a limited license issubject to all the provisions of this chapter and therespective practice act under which the limited license isissued which are not in conflict with this section.

(7) This section does not apply to chapter 458 orchapter 459.

History.—s. 14, ch. 92-149; s. 189, ch. 97-103; s. 11, ch. 97-261; s. 27, ch.2000-160.

455.217 Examinations.—This section shall beread in conjunction with the appropriate practice actassociated with each regulated profession under thischapter.

(1) The Division of Professions of the Department ofBusiness and Professional Regulation shall provide,contract, or approve services for the development,preparation, administration, scoring, score reporting,and evaluation of all examinations. The division shallseek the advice of the appropriate board in providingsuch services.

(a) The department, acting in conjunction with theDivision of Service Operations, the Division of Profes-sions, and the Division of Real Estate, as appropriate,shall ensure that examinations adequately and reliablymeasure an applicant’s ability to practice the professionregulated by the department. After an examinationdeveloped or approved by the department has beenadministered, the board or department may reject anyquestion which does not reliably measure the generalareas of competency specified in the rules of the boardor department, when there is no board. The departmentshall use qualified outside testing vendors for thedevelopment, preparation, and evaluation of examina-tions, when such services are economically and viablyavailable and approved by the department.

(b) For each examination developed by the depart-ment or contracted vendor, to the extent not otherwisespecified by statute, the board or the department whenthere is no board, shall by rule specify the general areasof competency to be covered by the examination, therelative weight to be assigned in grading each areatested, the score necessary to achieve a passing grade,and the fees, where applicable, to cover the actual costfor any purchase, development, and administration ofthe required examination. However, statutory fee capsin each practice act shall apply. This subsection doesnot apply to national examinations approved andadministered pursuant to paragraph (d).

(c) If a practical examination is deemed to benecessary, rules shall specify the criteria by whichexaminers are to be selected, the grading criteria to beused by the examiner, the relative weight to be assignedin grading each criterion, and the score necessary toachieve a passing grade. When a mandatory standar-dization exercise for a practical examination is requiredby law, the board may conduct such exercise. There-fore, board members may serve as examiners at apractical examination with the consent of the board.

(d) A board, or the department when there is noboard, may approve by rule the use of any national


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examination which the department has certified asmeeting requirements of national examinations andgenerally accepted testing standards pursuant to de-partment rules. Providers of examinations, which maybe either profit or nonprofit entities, seeking certificationby the department shall pay the actual costs incurred bythe department in making a determination regarding thecertification. The department shall use any nationalexamination which is available, certified by the depart-ment, and approved by the board. The name andnumber of a candidate may be provided to a nationalcontractor for the limited purpose of preparing the gradetape and information to be returned to the board ordepartment or, to the extent otherwise specified by rule,the candidate may apply directly to the vendor of thenational examination. The department may delegate tothe board the duty to provide and administer theexamination. Any national examination approved by aboard, or the department when there is no board, priorto October 1, 1997, is deemed certified under thisparagraph. Any licensing or certification examinationthat is not developed or administered by the departmentin-house or provided as a national examination shall becompetitively bid.

(e) The department shall adopt rules regarding thesecurity and monitoring of examinations. In order tomaintain the security of examinations, the departmentmay employ the procedures set forth in s. 455.228 toseek fines and injunctive relief against an examinee whoviolates the provisions of s. 455.2175 or the rulesadopted pursuant to this paragraph. The department,or any agent thereof, may, for the purposes of inves-tigation, confiscate any written, photographic, or record-ing material or device in the possession of the examineeat the examination site which the department deemsnecessary to enforce such provisions or rules.

(f) If the professional board with jurisdiction over anexamination concurs, the department may, for a fee,share with any other state’s licensing authority anexamination developed by or for the department unlessprohibited by a contract entered into by the departmentfor development or purchase of the examination. Thedepartment, with the concurrence of the appropriateboard, shall establish guidelines that ensure security ofa shared exam and shall require that any other state’slicensing authority comply with those guidelines. Thoseguidelines shall be approved by the appropriate profes-sional board. All fees paid by the user shall be applied tothe department’s examination and development pro-gram for professions regulated by this chapter. All feespaid by the user for professions not regulated by thischapter shall be applied to offset the fees for thedevelopment and administration of that profession’sexamination. If both a written and a practical examina-tion are given, an applicant shall be required to retakeonly the portion of the examination for which he or shefailed to achieve a passing grade, if he or shesuccessfully passes that portion within a reasonabletime of his or her passing the other portion.

(2) For each examination developed by the depart-ment or a contracted vendor, the board or the depart-ment when there is no board, shall make rules providingfor reexamination of any applicants who fail an

examination developed by the department or a con-tracted vendor. If both a written and a practicalexamination are given, an applicant shall be requiredto retake only the portion of the examination for whichhe or she failed to achieve a passing grade, if theapplicant successfully passes that portion within areasonable time, as determined by rule of the board,or department when there is no board, of his or herpassing the other portion.

(3) Except for national examinations approved andadministered pursuant to paragraph (1)(d), the depart-ment shall provide procedures for applicants who havetaken and failed an examination developed by thedepartment or a contracted vendor to review theirmost recently administered examination questions,answers, papers, grades, and grading key for thequestions the candidate answered incorrectly or, if notfeasible, the parts of the examination failed. Applicantsshall bear the actual cost for the department to provideexamination review pursuant to this subsection. Anapplicant may waive in writing the confidentiality of hisor her examination grades.

(4) For each examination developed or adminis-tered by the department or a contracted vendor, anaccurate record of each applicant’s examination ques-tions, answers, papers, grades, and grading key shallbe kept for a period of not less than 2 years immediatelyfollowing the examination, and such record shall there-after be maintained or destroyed as provided inchapters 119 and 257. This subsection does notapply to national examinations approved and adminis-tered pursuant to paragraph (1)(d).

(5) Meetings and records of meetings of anymember of the department or of any board or commis-sion within the department held for the exclusivepurpose of creating or reviewing licensure examinationquestions or proposed examination questions are con-fidential and exempt from ss. 119.07(1) and 286.011.However, this exemption shall not affect the right of anyperson to review an examination as provided in sub-section (3).

(6) For examinations developed by the departmentor a contracted vendor, each board, or the departmentwhen there is no board, may provide licensure exam-inations in an applicant’s native language. Applicants forexamination or reexamination pursuant to this subsec-tion shall bear the full cost for the department’sdevelopment, preparation, administration, grading,and evaluation of any examination in a languageother than English or Spanish. Requests for translatedexaminations, except for those in Spanish, must be onfile in the board office, or with the department whenthere is no board, at least 6 months prior to thescheduled examination. When determining whether itis in the public interest to allow the examination to betranslated into a language other than English orSpanish, the board, or the department when there isno board, shall consider the percentage of the popula-tion who speak the applicant’s native language.

(7) In addition to meeting other requirements forlicensure by examination or by endorsement, anapplicant may be required by a board, or by thedepartment, if there is no board, to pass an examination


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pertaining to state laws and rules applicable to thepractice of the profession regulated by that board or bythe department. This subsection does not apply topersons regulated under chapter 473.

History.—s. 30, ch. 69-106; s. 1, ch. 73-97; s. 3, ch. 77-115; s. 5, ch. 79-36; s.286, ch. 81-259; s. 30, ch. 81-302; s. 4, ch. 82-1; s. 39, ch. 82-179; s. 80, ch. 83-218;s. 10, ch. 83-329; s. 1, ch. 88-49; s. 2, ch. 89-162; s. 2, ch. 91-137; s. 1, ch. 91-140;s. 11, ch. 91-220; s. 15, ch. 92-149; s. 5, ch. 94-119; s. 70, ch. 94-218; s. 303, ch.96-406; s. 1080, ch. 97-103; s. 2, ch. 97-228; s. 12, ch. 97-261; s. 18, ch. 99-7; s. 28,ch. 2000-160; s. 6, ch. 2000-356; s. 23, ch. 2008-240; s. 1, ch. 2009-54; s. 1, ch.2009-69; s. 63, ch. 2009-195; s. 9, ch. 2010-106.

Note.—Former s. 455.007(2).

455.2171 Use of professional testing services.Notwithstanding any other provision of law to thecontrary, the department may use a professional testingservice to prepare, administer, grade, and evaluate anycomputerized examination, when that service is avail-able and approved by the board, or the departmentwhen there is no board.

History.—s. 6, ch. 94-119.

455.2175 Penalty for theft or reproduction of anexamination.—In addition to, or in lieu of, any otherdiscipline imposed pursuant to s. 455.227, the theft ofan examination in whole or in part or the act ofreproducing or copying any examination administeredby the department, whether such examination is repro-duced or copied in part or in whole and by any means,constitutes a felony of the third degree, punishable asprovided in s. 775.082, s. 775.083, or s. 775.084. Anexaminee whose examination materials are confiscatedis not permitted to take another examination until thecriminal investigation reveals that the examinee did notviolate this section.

History.—s. 3, ch. 90-228; s. 3, ch. 91-137; s. 47, ch. 92-33; s. 23, ch. 93-129; s.71, ch. 94-218; s. 13, ch. 97-261; s. 10, ch. 2010-106.

455.2177 Monitoring of compliance with conti-nuing education requirements.—

(1) The department shall establish a system tomonitor licensee compliance with applicable continuingeducation requirements and to determine each licen-see’s continuing education status. As used in thissection, the term “monitor” means the act of determin-ing, for each licensee, whether the licensee was in fullcompliance with applicable continuing education re-quirements as of the time of the licensee’s licenserenewal.

(2) The department may refuse renewal of alicensee’s license until the licensee has satisfied allapplicable continuing education requirements. Thissubsection does not preclude the department or boardsfrom imposing additional penalties pursuant to theapplicable practice act or rules adopted pursuant there-to.

(3) The department may waive the continuingeducation monitoring requirements of this section forany profession that demonstrates to the department thatthe monitoring system places an undue burden on theprofession. The department shall waive the continuingeducation monitoring requirements of this section forany profession that has a program in place whichmeasures compliance with continuing education re-quirements through statistical sampling techniques or

other methods and can indicate that at least 95 percentof its licensees are in compliance.

(4) The department may adopt rules under ss.120.536(1) and 120.54 to implement this section.


455.2178 Continuing education providers.—(1) Each continuing education provider shall provide

to the department such information regarding thecontinuing education status of licensees as the depart-ment determines is necessary to carry out its dutiesunder s. 455.2177, in an electronic format determinedby the department. After a licensee’s completion of acourse, the information must be submitted to thedepartment electronically no later than 30 calendardays thereafter. However, the continuing educationprovider shall electronically report to the departmentcompletion of a licensee’s course within 10 businessdays beginning on the 30th day before the renewaldeadline or prior to the renewal date, whichever occurssooner. The foregoing applies only if the profession hasnot been granted a waiver from the monitoring require-ments under s. 455.2177. Upon the request of alicensee, the provider must also furnish to the depart-ment information regarding courses completed by thelicensee.

(2) Each continuing education provider shall retainall records relating to a licensee’s completion ofcontinuing education courses for at least 4 years aftercompletion of a course.

(3) A continuing education provider may not beapproved, and the approval may not be renewed, unlessthe provider agrees in writing to provide such coopera-tion under this section and s. 455.2177 as the depart-ment deems necessary or appropriate.

(4) The department may fine, suspend, or revokeapproval of any continuing education provider that failsto comply with its duties under this section. Such finemay not exceed $500 per violation. Investigations andprosecutions of a provider’s failure to comply with itsduties under this section shall be conducted pursuant tos. 455.225.

(5) For the purpose of determining which persons orentities must meet the reporting, recordkeeping, andaccess provisions of this section, the board of anyprofession subject to this section, or the department ifthere is no board, shall, by rule, adopt a definition of theterm “continuing education provider” applicable to theprofession’s continuing education requirements. Theintent of the rule shall be to ensure that all records andinformation necessary to carry out the requirements ofthis section and s. 455.2177 are maintained andtransmitted accordingly and to minimize disputes asto what person or entity is responsible for maintainingand reporting such records and information.

(6) The department may adopt rules under ss.120.536(1) and 120.54 to implement this section.


455.2179 Continuing education provider andcourse approval; cease and desist orders.—

(1) If a board, or the department if there is no board,requires completion of continuing education as a


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requirement for renewal of a license, the board, or thedepartment if there is no board, shall approve theproviders and courses for the continuing education.Notwithstanding this subsection or any other provisionof law, the department may approve continuing educa-tion providers or courses even if there is a board. If thedepartment determines that an application for a con-tinuing education provider or course requires expertreview or should be denied, the department shallforward the application to the appropriate board forreview and approval or denial. The approval of continu-ing education providers and courses must be for aspecified period of time, not to exceed 4 years. Anapproval that does not include such a time limitationmay remain in effect pursuant to the applicable practiceact or the rules adopted under the applicable practiceact. Notwithstanding this subsection or any otherprovision of law, only the department may determinethe contents of any documents submitted for approval ofa continuing education provider or course.

(2) The board, or the department if there is noboard, shall issue an order requiring a person or entity tocease and desist from offering any continuing educationprograms for licensees, and fining, suspending, orrevoking any approval of the provider previouslygranted by the board, or the department if there is noboard, if the board, or the department if there is noboard, determines that the person or entity failed toprovide appropriate continuing education services thatconform to approved course material. Such fine may notexceed $500 per violation. Investigations and prosecu-tions of a provider’s failure to comply with its dutiesunder this section shall be conducted under s. 455.225.

(3) Each board authorized to approve continuingeducation providers, or the department if there is noboard, may establish, by rule, a fee not to exceed $250for anyone seeking approval to provide continuingeducation courses and may establish, by rule, a biennialfee not to exceed $250 for the renewal of providership ofsuch courses. The Florida Real Estate Commission,authorized under the provisions of chapter 475 toapprove prelicensure, precertification, and postlicen-sure education providers, may establish, by rule, anapplication fee not to exceed $250 for anyone seekingapproval to offer prelicensure, precertification, or post-licensure education courses and may establish, by rule,a biennial fee not to exceed $250 for the renewal of suchcourses. Such postlicensure education courses aresubject to the reporting, monitoring, and complianceprovisions of this section and ss. 455.2177 and455.2178.

(4) The department and each affected board mayadopt rules pursuant to ss. 120.536(1) and 120.54 toimplement the provisions of this section.


455.218 Foreign-trained professionals; specialexamination and license provisions.—

(1) When not otherwise provided by law, the depart-ment shall by rule provide procedures under whichexiled professionals may be examined within eachpractice act. A person shall be eligible for suchexamination if the person:

(a) Immigrated to the United States after leaving theperson’s home country because of political reasons,provided such country is located in the Western Hemi-sphere and lacks diplomatic relations with the UnitedStates;

(b) Applies to the department and submits a fee;(c) Was a Florida resident immediately preceding

the person’s application;(d) Demonstrates to the department, through sub-

mission of documentation verified by the applicant’srespective professional association in exile, that theapplicant was graduated with an appropriate profes-sional or occupational degree from a college or uni-versity; however, the department may not requirereceipt of any documentation from the Republic ofCuba as a condition of eligibility under this section;

(e) Lawfully practiced the profession for at least 3years;

(f) Prior to 1980, successfully completed an ap-proved course of study pursuant to chapters 74-105 and75-177, Laws of Florida; and

(g) Presents a certificate demonstrating the suc-cessful completion of a continuing education programwhich offers a course of study that will prepare theapplicant for the examination offered under subsection(2). The department shall develop rules for the approvalof such programs for its boards.

(2) Upon request of a person who meets therequirements of subsection (1) and submits an exam-ination fee, the department, for its boards, shall providea written practical examination that tests the person’scurrent ability to practice the profession competently inaccordance with the actual practice of the profession.Evidence of meeting the requirements of subsection (1)shall be treated by the department as evidence of theapplicant’s preparation in the academic and preprofes-sional fundamentals necessary for successful profes-sional practice, and the applicant shall not be examinedby the department on such fundamentals.

(3) The fees charged for the examinations offeredunder subsection (2) shall be established by thedepartment, for its boards, by rule and shall be sufficientto develop or to contract for the development of theexamination and its administration, grading, and gradereviews.

(4) The department shall examine any applicantwho meets the requirements of subsections (1) and (2).Upon passing the examination and the issuance of thelicense, a licensee is subject to the administrativerequirements of this chapter and the respective practiceact under which the license is issued. Each applicant solicensed is subject to all provisions of this chapter andthe respective practice act under which the license wasissued.

(5) Upon a request by an applicant otherwisequalified under this section, the examinations offeredunder subsection (2) may be given in the applicant’snative language, provided that any translation costs areborne by the applicant.

(6) The department, for its boards, shall not issue aninitial license to, or renew a license of, any applicant orlicensee who is under investigation or prosecution inany jurisdiction for an action which would constitute a


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violation of this chapter or the professional practice actsadministered by the department and the boards untilsuch time as the investigation or prosecution is com-plete, at which time the provisions of the professionalpractice acts shall apply.

History.—s. 1, ch. 86-90; s. 7, ch. 88-205; s. 7, ch. 88-392; s. 48, ch. 92-33; s.16, ch. 92-149; s. 23, ch. 93-129; s. 312, ch. 94-119; s. 72, ch. 94-218; s. 14, ch.97-261; s. 3, ch. 98-166; s. 29, ch. 2000-160.

455.2185 Exemption for certain out-of-state orforeign professionals; limited practice permitted.

(1) A professional of any other state or of anyterritory or other jurisdiction of the United States or ofany other nation or foreign jurisdiction is exempt fromthe requirements of licensure under this chapter and theapplicable professional practice act under the agencywith regulatory jurisdiction over the profession if thatprofession is regulated in this state under the agencywith regulatory jurisdiction over the profession and if thatperson:

(a) Holds, if so required in the jurisdiction in whichthat person practices, an active license to practice thatprofession.

(b) Engages in the active practice of that professionoutside the state.

(c) Is employed or designated in that professionalcapacity by a sports entity visiting the state for a specificsporting event.

(2) A professional’s practice under this section islimited to the members, coaches, and staff of the teamfor which that professional is employed or designatedand to any animals used if the sporting event for whichthat professional is employed or designated involvesanimals. A professional practicing under authority of thissection shall not have practice privileges in any licensedveterinary facility without the approval of that facility.


455.219 Fees; receipts; disposition; periodicmanagement reports.—

(1) Each board within the department shall deter-mine by rule the amount of license fees for itsprofession, based upon department-prepared long-range estimates of the revenue required to implementall provisions of law relating to the regulation ofprofessions by the department and any board; however,when the department has determined, based on thelong-range estimates of such revenue, that a profes-sion’s trust fund moneys are in excess of the amountrequired to cover the necessary functions of the board,or the department when there is no board, the depart-ment may adopt rules to implement a waiver of licenserenewal fees for that profession for a period not toexceed 2 years, as determined by the department. Eachboard, or the department when there is no board, shallensure license fees are adequate to cover all antici-pated costs and to maintain a reasonable cash balance,as determined by rule of the department, with advice ofthe applicable board. If sufficient action is not taken by aboard within 1 year of notification by the department thatlicense fees are projected to be inadequate, thedepartment shall set license fees on behalf of theapplicable board to cover anticipated costs and tomaintain the required cash balance. The department

shall include recommended fee cap increases in itsannual report to the Legislature. Further, it is legislativeintent that no regulated profession operate with anegative cash balance. The department may provideby rule for the advancement of sufficient funds to anyprofession or the Florida State Boxing Commissionoperating with a negative cash balance. Such advance-ment may be for a period not to exceed 2 consecutiveyears and shall require interest to be paid by theregulated profession. Interest shall be calculated atthe current rate earned on Professional RegulationTrust Fund investments. Interest earned shall beallocated to the various funds in accordance with theallocation of investment earnings during the period ofthe advance.

(2) Each board, or the department if there is noboard, may, by rule, assess and collect a one-time feefrom each active and each voluntary inactive licensee inan amount necessary to eliminate a cash deficit or, ifthere is not a cash deficit, in an amount sufficient tomaintain the financial integrity of such professions asrequired in this section. No more than one suchassessment may be made in any 4-year period withoutspecific legislative authorization.

(3) All moneys collected by the department fromfees or fines or from costs awarded to the department bya court shall be paid into the Professional RegulationTrust Fund, which fund is created in the department.The department may contract with public and privateentities to receive and deposit revenue pursuant to thissection. The Legislature shall appropriate funds fromthis trust fund sufficient to carry out the provisions of thischapter and the provisions of law with respect toprofessions regulated by the department and anyboard within the department. The department shallmaintain separate accounts in the Professional Regula-tion Trust Fund for every profession within the depart-ment. To the maximum extent possible, the departmentshall directly charge all expenses to the account of eachregulated profession. For the purpose of this subsec-tion, direct charge expenses shall include, but not belimited to, costs for investigations, examinations, andlegal services. For expenses that cannot be chargeddirectly, the department shall provide for the propor-tionate allocation among the accounts of expensesincurred by the department in the performance of itsduties with respect to each regulated profession. Thedepartment shall not expend funds from the account of aprofession to pay for the expenses incurred on behalf ofanother profession. The department shall maintainadequate records to support its allocation of departmentexpenses. The department shall provide any board withreasonable access to these records upon request. Eachboard shall be provided an annual report of revenue anddirect and allocated expenses related to the operation ofthat profession. These reports and the department’sadopted long-range plan shall be used by the board todetermine the amount of license fees. A condensedversion of this information, with the department’srecommendations, shall be included in the annual reportto the Legislature prepared pursuant to s. 455.2285.

(4) A condensed management report of budgets,finances, performance statistics, and recommendations


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shall be provided to each board at least once a quarter.The department shall identify and include in suchpresentations any changes, or projected changes,made to the board’s budget since the last presentation.

(5) If a duplicate license is required or requested bythe licensee, the board or, if there is no board, thedepartment may charge a fee as determined by rule notto exceed $25 before issuance of the duplicate license.

(6) The department or the appropriate board shallcharge a fee not to exceed $25 for the certification of apublic record. The fee shall be determined by rule of thedepartment. The department or the appropriate boardshall assess a fee for duplication of a public record asprovided in s. 119.07(4).

(7)(a) The department, or a board thereunder, shallwaive the initial licensing fee for a member of the ArmedServices of the United States 1who has served on activeduty, the spouse of a member of the Armed Services ofthe United States who was married to the memberduring a period of active duty, the surviving spouse of amember of the Armed Services of the United States whoat the time of death was serving on active duty, or a low-income individual upon application by the individual in aformat prescribed by the department. The applicationformat must include the applicant’s signature, underpenalty of perjury, and supporting documentation asrequired by the department. For purposes of thissubsection, the term “low-income individual” means aperson whose household income, before taxes, is at orbelow 130 percent of the federal poverty guidelinesprescribed for the family’s household size by the UnitedStates Department of Health and Human Services,proof of which may be shown through enrollment in astate or federal public assistance program that requiresparticipants to be at or below 130 percent of the federalpoverty guidelines to qualify.

(b) The department, or a board thereunder, shallprocess an application for a fee waiver within 30 days ofreceiving it from the applicant.

(c) The department shall adopt rules necessary toimplement the provisions of this subsection.

History.—s. 5, ch. 79-36; s. 287, ch. 81-259; s. 2, ch. 84-271; s. 82, ch. 90-132;s. 4, ch. 90-228; s. 4, ch. 91-137; s. 17, ch. 92-149; s. 73, ch. 94-218; s. 8, ch.2000-356; s. 44, ch. 2004-335; s. 3, ch. 2017-135.

1Note.—The word “who” was substituted for the word “that” by the editors.

455.221 Legal and investigative services.—(1) The department shall provide board counsel for

boards within the department by contracting with theDepartment of Legal Affairs, by retaining private coun-sel pursuant to s. 287.059, or by providing departmentstaff counsel. The primary responsibility of boardcounsel shall be to represent the interests of the citizensof the state. A board shall provide for the periodic reviewand evaluation of the services provided by its boardcounsel. Fees and costs of such counsel shall be paidfrom the Professional Regulation Trust Fund, subject tothe provisions of ss. 215.37 and 455.219. All contractsfor independent counsel shall provide for periodicreview and evaluation by the board and the departmentof services provided.

(2) The Department of Business and ProfessionalRegulation may employ or utilize the legal services ofoutside counsel and the investigative services of

outside personnel. However, no attorney employed orused by the department shall prosecute a matter andprovide legal services to the board with respect to thesame matter.

(3) Any person retained by the department undercontract to review materials, make site visits, or provideexpert testimony regarding any complaint or applicationfiled with the department relating to a profession underthe jurisdiction of the department shall be considered anagent of the department in determining the stateinsurance coverage and sovereign immunity protectionapplicability of ss. 284.31 and 768.28.

History.—s. 30, ch. 69-106; s. 1, ch. 73-97; s. 3, ch. 77-115; s. 5, ch. 79-36; s.288, ch. 81-259; s. 31, ch. 81-302; s. 51, ch. 92-33; s. 23, ch. 93-129; s. 7, ch.94-119; ss. 74, 75, ch. 94-218; s. 16, ch. 97-261; s. 152, ch. 99-251.

Note.—Former s. 455.007(3), (4).

455.2228 Barbers and cosmetologists; instruc-tion on HIV and AIDS.—

(1) The board, or the department where there is noboard, shall require each person licensed or certifiedunder chapter 476 or chapter 477 to complete acontinuing educational course approved by the board,or the department where there is no board, on humanimmunodeficiency virus and acquired immune defi-ciency syndrome as part of biennial relicensure orrecertification. The course shall consist of educationon modes of transmission, infection control procedures,clinical management, and prevention of human immu-nodeficiency virus and acquired immune deficiencysyndrome, with an emphasis on appropriate behaviorand attitude change.

(2) When filing fees for each biennial renewal, eachlicensee shall submit confirmation of having completedsaid course, on a form provided by the board or by thedepartment if there is no board. At the time of thesubsequent biennial renewal when coursework is to becompleted, if the licensee has not submitted confirma-tion which has been received and recorded by theboard, or department if there is no board, the depart-ment shall not renew the license.

(3) The board, or the department where there is noboard, shall have the authority to approve additionalequivalent courses that may be used to satisfy therequirements in subsection (1).

(4) As of December 31, 1992, the board, or thedepartment where there is no board, shall require, as acondition of granting a license under any of the chaptersor parts thereof specified in subsection (1), that anapplicant making initial application for licensure com-plete an educational course acceptable to the board, orthe department where there is no board, on humanimmunodeficiency virus and acquired immune defi-ciency syndrome. An applicant who has not taken acourse at the time of licensure shall, upon an affidavitshowing good cause, be allowed 6 months to completethis requirement.

(5) The board, or the department where there is noboard, shall have the authority to adopt rules to carry outthe provisions of this section.

(6) Any professional holding two or more licensessubject to the provisions of this section shall bepermitted to show proof of having taken one board-approved course, or one department-approved course


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where there is no board, on human immunodeficiencyvirus and acquired immune deficiency syndrome, forpurposes of relicensure or recertification for additionallicenses.

History.—s. 11, ch. 89-350; ss. 73, 74, ch. 91-297; s. 16, ch. 95-388; s. 18, ch.97-261; s. 147, ch. 2010-102.

455.223 Power to administer oaths, take deposi-tions, and issue subpoenas.—For the purpose of anyinvestigation or proceeding conducted by the depart-ment, the department shall have the power to admin-ister oaths, take depositions, make inspections whenauthorized by statute, issue subpoenas which shall besupported by affidavit, serve subpoenas and otherprocess, and compel the attendance of witnesses andthe production of books, papers, documents, and otherevidence. The department shall exercise this power onits own initiative or whenever requested by a board orthe probable cause panel of any board. Challenges to,and enforcement of, the subpoenas and orders shall behandled as provided in s. 120.569.

History.—s. 5, ch. 79-36; s. 32, ch. 81-302; s. 4, ch. 86-90; s. 5, ch. 91-137; s.52, ch. 92-33; s. 23, ch. 93-129; s. 77, ch. 94-218; s. 210, ch. 96-410; s. 19, ch.97-261.

455.2235 Mediation.—(1) Notwithstanding the provisions of s. 455.225, the

board, or the department when there is no board, shalladopt rules to designate which violations of the applic-able professional practice act are appropriate formediation. The board, or the department when thereis no board, may designate as mediation offenses thosecomplaints where harm caused by the licensee iseconomic in nature or can be remedied by the licensee.

(2) After the department determines a complaint islegally sufficient and the alleged violations are definedas mediation offenses, the department or any agent ofthe department may conduct informal mediation toresolve the complaint. If the complainant and thesubject of the complaint agree to a resolution of acomplaint within 14 days after contact by the mediator,the mediator shall notify the department of the terms ofthe resolution. The department or board shall take nofurther action unless the complainant and the subjecteach fail to record with the department an acknowl-edgment of satisfaction of the terms of mediation within60 days of the mediator’s notification to the department.In the event the complainant and subject fail to reachsettlement terms or to record the required acknowl-edgment, the department shall process the complaintaccording to the provisions of s. 455.225.

(3) Conduct or statements made during mediationare inadmissible in any proceeding pursuant to s.455.225. Further, any information relating to the media-tion of a case shall be subject to the confidentialityprovisions of s. 455.225.

(4) No licensee shall go through the mediationprocess more than three times without approval of thedepartment. The department may consider the subjectand dates of the earlier complaints in rendering itsdecision. Such decision shall not be considered a finalagency action for purposes of chapter 120.

(5) If any board fails to adopt rules designatingwhich violations are appropriate for resolution by

mediation by January 1, 1995, the department shallhave exclusive authority to, and shall, adopt rules todesignate the violations which are appropriate formediation. Any board created on or after January 1,1995, shall have 6 months to adopt rules designatingwhich violations are appropriate for mediation, afterwhich time the department shall have exclusive author-ity to adopt rules pursuant to this section. A board shallhave continuing authority to amend its rules adoptedpursuant to this section.

History.—s. 19, ch. 92-149; s. 8, ch. 94-119.

455.224 Authority to issue citations.—(1) Notwithstanding s. 455.225, the board or the

department shall adopt rules to permit the issuance ofcitations. The citation shall be issued to the subject andshall contain the subject’s name and address, thesubject’s license number if applicable, a brief factualstatement, the sections of the law allegedly violated,and the penalty imposed. The citation must clearly statethat the subject may choose, in lieu of accepting thecitation, to follow the procedure under s. 455.225. If thesubject disputes the matter in the citation, the proce-dures set forth in s. 455.225 must be followed. However,if the subject does not dispute the matter in the citationwith the department within 30 days after the citation isserved, the citation becomes a final order and consti-tutes discipline. The penalty shall be a fine or otherconditions as established by rule.

(2) The board, or the department when there is noboard, shall adopt rules designating violations for whicha citation may be issued. Such rules shall designate ascitation violations those violations for which there is nosubstantial threat to the public health, safety, andwelfare.

(3) The department shall be entitled to recover thecosts of investigation, in addition to any penaltyprovided according to board or department rule, aspart of the penalty levied pursuant to the citation.

(4) A citation must be issued within 6 months afterthe filing of the complaint that is the basis for the citation.

(5) Service of a citation may be made by personalservice or certified mail, restricted delivery, to thesubject at the subject’s last known address.

(6) Within its jurisdiction, the department has ex-clusive authority to, and shall adopt rules to, designatethose violations for which the licensee is subject to theissuance of a citation and designate the penalties forthose violations if any board fails to incorporate thissection into rules by January 1, 1992. A board createdon or after January 1, 1992, has 6 months in which toenact rules designating violations and penalties appro-priate for citation offenses. Failure to enact such rulesgives the department exclusive authority to adopt rulesas required for implementing this section. A board hascontinuous authority to amend its rules adopted pur-suant to this section.

History.—s. 6, ch. 91-137; s. 53, ch. 92-33; s. 20, ch. 92-149; s. 23, ch. 93-129;s. 313, ch. 94-119; s. 78, ch. 94-218; s. 20, ch. 97-261; s. 161, ch. 99-251.

455.225 Disciplinary proceedings.—Disciplinaryproceedings for each board shall be within the jurisdic-tion of the department.


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(1)(a) The department, for the boards under itsjurisdiction, shall cause to be investigated any complaintthat is filed before it if the complaint is in writing, signedby the complainant, and legally sufficient. A complaint islegally sufficient if it contains ultimate facts that showthat a violation of this chapter, of any of the practice actsrelating to the professions regulated by the department,or of any rule adopted by the department or a regulatoryboard in the department has occurred. In order todetermine legal sufficiency, the department may requiresupporting information or documentation. The depart-ment may investigate, and the department or theappropriate board may take appropriate final actionon, a complaint even though the original complainantwithdraws it or otherwise indicates a desire not to causethe complaint to be investigated or prosecuted tocompletion. The department may investigate an anon-ymous complaint if the complaint is in writing and islegally sufficient, if the alleged violation of law or rules issubstantial, and if the department has reason to believe,after preliminary inquiry, that the violations alleged in thecomplaint are true. The department may investigate acomplaint made by a confidential informant if thecomplaint is legally sufficient, if the alleged violation oflaw or rule is substantial, and if the department hasreason to believe, after preliminary inquiry, that theallegations of the complainant are true. The departmentmay initiate an investigation if it has reasonable cause tobelieve that a licensee or a group of licensees hasviolated a Florida statute, a rule of the department, or arule of a board.

(b) When an investigation of any subject is under-taken, the department shall promptly furnish to thesubject or the subject’s attorney a copy of the complaintor document that resulted in the initiation of theinvestigation. The subject may submit a written re-sponse to the information contained in such complaintor document within 20 days after service to the subjectof the complaint or document. The subject’s writtenresponse shall be considered by the probable causepanel. The right to respond does not prohibit theissuance of a summary emergency order if necessaryto protect the public. However, if the secretary, or thesecretary’s designee, and the chair of the respectiveboard or the chair of its probable cause panel agree inwriting that such notification would be detrimental to theinvestigation, the department may withhold notification.The department may conduct an investigation withoutnotification to any subject if the act under investigation isa criminal offense.

(2) The department shall allocate sufficient andadequately trained staff to expeditiously and thoroughlydetermine legal sufficiency and investigate all legallysufficient complaints. When its investigation is completeand legally sufficient, the department shall prepare andsubmit to the probable cause panel of the appropriateregulatory board the investigative report of the depart-ment. The report shall contain the investigative findingsand the recommendations of the department concern-ing the existence of probable cause. At any time afterlegal sufficiency is found, the department may dismissany case, or any part thereof, if the departmentdetermines that there is insufficient evidence to support

the prosecution of allegations contained therein. Thedepartment shall provide a detailed report to theappropriate probable cause panel prior to dismissal ofany case or part thereof, and to the subject of thecomplaint after dismissal of any case or part thereof,under this section. For cases dismissed prior to a findingof probable cause, such report is confidential andexempt from s. 119.07(1). The probable cause panelshall have access, upon request, to the investigativefiles pertaining to a case prior to dismissal of such case.If the department dismisses a case, the probable causepanel may retain independent legal counsel, employinvestigators, and continue the investigation and pro-secution of the case as it deems necessary.

(3)(a) As an alternative to the provisions of subsec-tions (1) and (2), when a complaint is received, thedepartment may provide a licensee with a notice ofnoncompliance for an initial offense of a minor violation.A violation is a minor violation if it does not demonstratea serious inability to practice the profession, result ineconomic or physical harm to a person, or adverselyaffect the public health, safety, or welfare or create asignificant threat of such harm. Each board, or thedepartment if there is no board, shall establish by rulethose violations which are minor violations under thisprovision. Failure of a licensee to take action incorrecting the violation within 15 days after noticemay result in the institution of regular disciplinaryproceedings.

(b) The department may issue a notice of noncom-pliance for an initial offense of a minor violation,notwithstanding a board’s failure to designate a parti-cular minor violation by rule as provided in paragraph(a).

(4) The determination as to whether probable causeexists shall be made by majority vote of a probablecause panel of the board, or by the department, asappropriate. Each regulatory board shall provide by rulethat the determination of probable cause shall be madeby a panel of its members or by the department. Eachboard may provide by rule for multiple probable causepanels composed of at least two members. Each boardmay provide by rule that one or more members of thepanel or panels may be a former board member. Thelength of term or repetition of service of any such formerboard member on a probable cause panel may varyaccording to the direction of the board when authorizedby board rule. Any probable cause panel must includeone of the board’s former or present consumer mem-bers, if one is available, willing to serve, and isauthorized to do so by the board chair. Any probablecause panel must include a present board member. Anyprobable cause panel must include a former or presentprofessional board member. However, any formerprofessional board member serving on the probablecause panel must hold an active valid license for thatprofession. All proceedings of the panel are exemptfrom s. 286.011 until 10 days after probable cause hasbeen found to exist by the panel or until the subject ofthe investigation waives his or her privilege of con-fidentiality. The probable cause panel may make areasonable request, and upon such request the depart-ment shall provide such additional investigative


15

information as is necessary to the determination ofprobable cause. A request for additional investigativeinformation shall be made within 15 days from the dateof receipt by the probable cause panel of the investi-gative report of the department. The probable causepanel or the department, as may be appropriate, shallmake its determination of probable cause within 30 daysafter receipt by it of the final investigative report of thedepartment. The secretary may grant extensions of the15-day and the 30-day time limits. In lieu of a finding ofprobable cause, the probable cause panel, or thedepartment when there is no board, may issue a letterof guidance to the subject. If, within the 30-day timelimit, as may be extended, the probable cause paneldoes not make a determination regarding the existenceof probable cause or does not issue a letter of guidancein lieu of a finding of probable cause, the department, fordisciplinary cases under its jurisdiction, must make adetermination regarding the existence of probablecause within 10 days after the expiration of the timelimit. If the probable cause panel finds that probablecause exists, it shall direct the department to file aformal complaint against the licensee. The departmentshall follow the directions of the probable cause panelregarding the filing of a formal complaint. If directed todo so, the department shall file a formal complaintagainst the subject of the investigation and prosecutethat complaint pursuant to chapter 120. However, thedepartment may decide not to prosecute the complaint ifit finds that probable cause had been improvidentlyfound by the panel. In such cases, the department shallrefer the matter to the board. The board may then file aformal complaint and prosecute the complaint pursuantto chapter 120. The department shall also refer to theboard any investigation or disciplinary proceeding notbefore the Division of Administrative Hearings pursuantto chapter 120 or otherwise completed by the depart-ment within 1 year after the filing of a complaint. Thedepartment, for disciplinary cases under its jurisdiction,must establish a uniform reporting system to quarterlyrefer to each board the status of any investigation ordisciplinary proceeding that is not before the Division ofAdministrative Hearings or otherwise completed by thedepartment within 1 year after the filing of the complaint.A probable cause panel or a board may retain inde-pendent legal counsel, employ investigators, and con-tinue the investigation as it deems necessary; all coststhereof shall be paid from the Professional RegulationTrust Fund. All proceedings of the probable cause panelare exempt from s. 120.525.

(5) A formal hearing before an administrative lawjudge from the Division of Administrative Hearings shallbe held pursuant to chapter 120 if there are any disputedissues of material fact. The administrative law judgeshall issue a recommended order pursuant to chapter120. If any party raises an issue of disputed fact duringan informal hearing, the hearing shall be terminated anda formal hearing pursuant to chapter 120 shall be held.

(6) The appropriate board, with those members ofthe panel, if any, who reviewed the investigationpursuant to subsection (4) being excused, or thedepartment when there is no board, shall determineand issue the final order in each disciplinary case. Such

order shall constitute final agency action. Any consentorder or agreed settlement shall be subject to theapproval of the department.

(7) The department shall have standing to seekjudicial review of any final order of the board, pursuant tos. 120.68.

(8) Any proceeding for the purpose of summarysuspension of a license, or for the restriction of thelicense, of a licensee pursuant to s. 120.60(6) shall beconducted by the Secretary of Business and Profes-sional Regulation or his or her designee, who shall issuethe final summary order.

(9) The department shall periodically notify theperson who filed the complaint of the status of theinvestigation, whether probable cause has been found,and the status of any civil action or administrativeproceeding or appeal.

(10) The complaint and all information obtainedpursuant to the investigation by the department areconfidential and exempt from s. 119.07(1) until 10 daysafter probable cause has been found to exist by theprobable cause panel or by the department, or until theregulated professional or subject of the investigationwaives his or her privilege of confidentiality, whicheveroccurs first. However, this exemption does not apply toactions against unlicensed persons pursuant to s.455.228 or the applicable practice act. Upon completionof the investigation and pursuant to a written request bythe subject, the department shall provide the subject anopportunity to inspect the investigative file or, at thesubject’s expense, forward to the subject a copy of theinvestigative file. The subject may file a written re-sponse to the information contained in the investigativefile. Such response must be filed within 20 days, unlessan extension of time has been granted by the depart-ment. This subsection does not prohibit the departmentfrom providing such information to any law enforcementagency or to any other regulatory agency.

(11) A privilege against civil liability is hereby grantedto any complainant or any witness with regard toinformation furnished with respect to any investigationor proceeding pursuant to this section, unless thecomplainant or witness acted in bad faith or with malicein providing such information.

History.—s. 1, ch. 74-57; s. 5, ch. 79-36; s. 289, ch. 81-259; s. 33, ch. 81-302; s.12, ch. 83-329; s. 8, ch. 84-203; s. 3, ch. 85-311; s. 5, ch. 86-90; s. 8, ch. 88-1; s. 5,ch. 88-277; s. 1, ch. 88-279; s. 3, ch. 89-162; s. 1, ch. 90-44; s. 5, ch. 90-228; s. 7,ch. 91-137; s. 2, ch. 91-140; s. 54, ch. 92-33; s. 21, ch. 92-149; s. 132, ch. 92-279; s.55, ch. 92-326; s. 23, ch. 93-129; s. 314, ch. 94-119; s. 79, ch. 94-218; s. 305, ch.96-406; s. 211, ch. 96-410; s. 1082, ch. 97-103; s. 2, ch. 97-209; s. 3, ch. 97-228; s.142, ch. 97-237; s. 21, ch. 97-261; s. 4, ch. 97-264; s. 18, ch. 97-273; s. 4, ch.98-166; s. 31, ch. 2000-160.


455.2255 Classification of disciplinary actions.(1) A licensee may petition the department to review

a disciplinary incident to determine whether the specificviolation meets the standard of a minor violation as setforth in s. 455.225(3). If the circumstances of theviolation meet that standard and 2 years have passedsince the issuance of a final order imposing discipline,the department shall reclassify that violation as inactiveif the licensee has not been disciplined for anysubsequent minor violation of the same nature. Afterthe department has reclassified the violation as inactive,it is no longer considered to be part of the licensee’s


16

disciplinary record, and the licensee may lawfully denyor fail to acknowledge the incident as a disciplinaryaction.

(2) The department may establish a scheduleclassifying violations according to the severity of theviolation. After the expiration of set periods of time, thedepartment may provide for such disciplinary records tobecome inactive, according to their classification. Afterthe disciplinary record has become inactive, the depart-ment may clear the violation from the disciplinary recordand the subject person or business may lawfully deny orfail to acknowledge such disciplinary actions.

(3) Notwithstanding s. 455.017, this section appliesto the disciplinary records of all persons or businesseslicensed by the department.

History.—s. 143, ch. 99-251; s. 71, ch. 2013-18.

455.227 Grounds for discipline; penalties; en-forcement.—

(1) The following acts shall constitute grounds forwhich the disciplinary actions specified in subsection (2)may be taken:

(a) Making misleading, deceptive, or fraudulentrepresentations in or related to the practice of thelicensee’s profession.

(b) Intentionally violating any rule adopted by theboard or the department, as appropriate.

(c) Being convicted or found guilty of, or entering aplea of guilty or nolo contendere to, regardless ofadjudication, a crime in any jurisdiction which relatesto the practice of, or the ability to practice, a licensee’sprofession.

(d) Using a Class III or a Class IV laser device orproduct, as defined by federal regulations, withouthaving complied with the rules adopted pursuant to s.501.122(2) governing the registration of such devices.

(e) Failing to comply with the educational courserequirements for human immunodeficiency virus andacquired immune deficiency syndrome.

(f) Having a license or the authority to practice theregulated profession revoked, suspended, or otherwiseacted against, including the denial of licensure, by thelicensing authority of any jurisdiction, including itsagencies or subdivisions, for a violation that wouldconstitute a violation under Florida law. The licensingauthority’s acceptance of a relinquishment of licensure,stipulation, consent order, or other settlement, offered inresponse to or in anticipation of the filing of chargesagainst the license, shall be construed as action againstthe license.

(g) Having been found liable in a civil proceeding forknowingly filing a false report or complaint with thedepartment against another licensee.

(h) Attempting to obtain, obtaining, or renewing alicense to practice a profession by bribery, by fraudulentmisrepresentation, or through an error of the depart-ment or the board.

(i) Failing to report to the department any personwho the licensee knows is in violation of this chapter, thechapter regulating the alleged violator, or the rules of thedepartment or the board.

(j) Aiding, assisting, procuring, employing, or ad-vising any unlicensed person or entity to practice a

profession contrary to this chapter, the chapter regulat-ing the profession, or the rules of the department or theboard.

(k) Failing to perform any statutory or legal obliga-tion placed upon a licensee.

(l) Making or filing a report which the licenseeknows to be false, intentionally or negligently failing tofile a report or record required by state or federal law, orwillfully impeding or obstructing another person to do so.Such reports or records shall include only those that aresigned in the capacity of a licensee.

(m) Making deceptive, untrue, or fraudulent repre-sentations in or related to the practice of a profession oremploying a trick or scheme in or related to the practiceof a profession.

(n) Exercising influence on the patient or client forthe purpose of financial gain of the licensee or a thirdparty.

(o) Practicing or offering to practice beyond thescope permitted by law or accepting and performingprofessional responsibilities the licensee knows, or hasreason to know, the licensee is not competent toperform.

(p) Delegating or contracting for the performance ofprofessional responsibilities by a person when thelicensee delegating or contracting for performance ofsuch responsibilities knows, or has reason to know,such person is not qualified by training, experience, andauthorization when required to perform them.

(q) Violating any provision of this chapter, theapplicable professional practice act, a rule of thedepartment or the board, or a lawful order of thedepartment or the board, or failing to comply with alawfully issued subpoena of the department.

(r) Improperly interfering with an investigation orinspection authorized by statute, or with any disciplinaryproceeding.

(s) Failing to comply with the educational courserequirements for domestic violence.

(t) Failing to report in writing to the board or, if thereis no board, to the department within 30 days after thelicensee is convicted or found guilty of, or entered a pleaof nolo contendere or guilty to, regardless of adjudica-tion, a crime in any jurisdiction. A licensee must report aconviction, finding of guilt, plea, or adjudication enteredbefore the effective date of this paragraph within 30days after the effective date of this paragraph.

(u) Termination from an impaired practitioner pro-gram as described in s. 456.076 for failure to comply,without good cause, with the terms of the monitoring orparticipant contract entered into by the licensee orfailing to successfully complete a drug or alcoholtreatment program.

(2) When the board, or the department when thereis no board, finds any person guilty of the grounds setforth in subsection (1) or of any grounds set forth in theapplicable practice act, including conduct constituting asubstantial violation of subsection (1) or a violation ofthe applicable practice act which occurred prior toobtaining a license, it may enter an order imposingone or more of the following penalties:

(a) Refusal to certify, or to certify with restrictions,an application for a license.


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(b) Suspension or permanent revocation of a li-cense.

(c) Restriction of practice.(d) Imposition of an administrative fine not to

exceed $5,000 for each count or separate offense.(e) Issuance of a reprimand.(f) Placement of the licensee on probation for a

period of time and subject to such conditions as theboard, or the department when there is no board, mayspecify. Those conditions may include, but are notlimited to, requiring the licensee to undergo treatment,attend continuing education courses, submit to bereexamined, work under the supervision of anotherlicensee, or satisfy any terms which are reasonablytailored to the violations found.

(g) Corrective action.(3)(a) In addition to any other discipline imposed

pursuant to this section or discipline imposed for aviolation of any practice act, the board, or the depart-ment when there is no board, may assess costs relatedto the investigation and prosecution of the caseexcluding costs associated with an attorney’s time.

(b) In any case where the board or the departmentimposes a fine or assessment and the fine or assess-ment is not paid within a reasonable time, suchreasonable time to be prescribed in the rules of theboard, or the department when there is no board, or inthe order assessing such fines or costs, the departmentor the Department of Legal Affairs may contract for thecollection of, or bring a civil action to recover, the fine orassessment.

(c) The department shall not issue or renew alicense to any person against whom or business againstwhich the board has assessed a fine, interest, or costsassociated with investigation and prosecution until theperson or business has paid in full such fine, interest, orcosts associated with investigation and prosecution oruntil the person or business complies with or satisfies allterms and conditions of the final order.

(4) In addition to, or in lieu of, any other remedy orcriminal prosecution, the department may file a pro-ceeding in the name of the state seeking issuance of aninjunction or a writ of mandamus against any personwho violates any of the provisions of this chapter, or anyprovision of law with respect to professions regulated bythe department, or any board therein, or the rulesadopted pursuant thereto.

(5) In the event the board, or the department whenthere is no board, determines that revocation of alicense is the appropriate penalty, the revocation shallbe permanent. However, the board may establish, byrule, requirements for reapplication by applicants whoselicenses have been permanently revoked. Such require-ments may include, but shall not be limited to, satisfyingcurrent requirements for an initial license.

History.—s. 5, ch. 79-36; s. 13, ch. 83-329; s. 5, ch. 88-380; s. 8, ch. 91-137; s.55, ch. 92-33; s. 22, ch. 92-149; s. 23, ch. 93-129; s. 9, ch. 94-119; s. 80, ch. 94-218;s. 5, ch. 95-187; s. 22, ch. 97-261; s. 144, ch. 99-251; s. 32, ch. 2000-160; s. 2, ch.2009-195; s. 12, ch. 2010-106; s. 5, ch. 2017-41.

455.2273 Disciplinary guidelines.—(1) Each board, or the department when there is no

board, shall adopt, by rule, and periodically review thedisciplinary guidelines applicable to each ground for

disciplinary action which may be imposed by the board,or the department when there is no board, pursuant tothis chapter, the respective practice acts, and any rule ofthe board or department.

(2) The disciplinary guidelines shall specify a mean-ingful range of designated penalties based upon theseverity and repetition of specific offenses, it being thelegislative intent that minor violations be distinguishedfrom those which endanger the public health, safety, orwelfare; that such guidelines provide reasonable andmeaningful notice to the public of likely penalties whichmay be imposed for proscribed conduct; and that suchpenalties be consistently applied by the board.

(3) A specific finding of mitigating or aggravatingcircumstances shall allow the board to impose a penaltyother than that provided for in such guidelines. Ifapplicable, the board, or the department when thereis no board, shall adopt by rule disciplinary guidelines todesignate possible mitigating and aggravating circum-stances and the variation and range of penaltiespermitted for such circumstances.

(4) The department must review such disciplinaryguidelines for compliance with the legislative intent asset forth herein to determine whether the guidelinesestablish a meaningful range of penalties and may alsochallenge such rules pursuant to s. 120.56.

(5) The administrative law judge, in recommendingpenalties in any recommended order, must follow thepenalty guidelines established by the board or depart-ment and must state in writing the mitigating oraggravating circumstances upon which the recom-mended penalty is based.

(6) Notwithstanding s. 455.017, this section appliesto disciplinary guidelines adopted by all boards ordivisions within the department.


455.2274 Criminal proceedings against licen-sees; appearances by department representatives.A representative of the department may voluntarilyappear in a criminal proceeding brought against aperson licensed by the department to practice aprofession regulated by the state. The department’srepresentative is authorized to furnish pertinent infor-mation, make recommendations regarding specificconditions of probation, and provide other assistanceto the court necessary to promote justice or protect thepublic. The court may order a representative of thedepartment to appear in a criminal proceeding if thecrime charged is substantially related to the qualifica-tions, functions, or duties of a licensee regulated by thedepartment.

History.—s. 3, ch. 2009-195; s. 115, ch. 2014-17.

455.2275 Penalty for giving false information.In addition to, or in lieu of, any other discipline imposedpursuant to s. 455.227, the act of knowingly giving falseinformation in the course of applying for or obtaining alicense from the department, or any board thereunder,with intent to mislead a public servant in the perfor-mance of his or her official duties, or the act ofattempting to obtain or obtaining a license from either


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the department, or any board thereunder, to practice aprofession by knowingly misleading statements orknowing misrepresentations constitutes a felony of thethird degree, punishable as provided in s. 775.082, s.775.083, or s. 775.084.

History.—s. 31, ch. 85-175; s. 12, ch. 89-124; s. 9, ch. 91-137; s. 57, ch. 92-33;s. 24, ch. 92-149; s. 23, ch. 93-129; s. 82, ch. 94-218; s. 190, ch. 97-103; s. 24, ch.97-261.

455.2277 Prosecution of criminal violations.—The department or the appropriate board shall reportany criminal violation of any statute relating to thepractice of a profession regulated by the department orappropriate board to the proper prosecuting authority forprompt prosecution.

History.—s. 25, ch. 92-149.

455.228 Unlicensed practice of a profession;cease and desist notice; civil penalty; enforcement;citations; allocation of moneys collected.—

(1) When the department has probable cause tobelieve that any person not licensed by the department,or the appropriate regulatory board within the depart-ment, has violated any provision of this chapter or anystatute that relates to the practice of a professionregulated by the department, or any rule adoptedpursuant thereto, the department may issue and deliverto such person a notice to cease and desist from suchviolation. In addition, the department may issue anddeliver a notice to cease and desist to any person whoaids and abets the unlicensed practice of a professionby employing such unlicensed person. The issuance ofa notice to cease and desist shall not constitute agencyaction for which a hearing under ss. 120.569 and 120.57may be sought. For the purpose of enforcing a ceaseand desist notice, the department may file a proceedingin the name of the state seeking issuance of aninjunction or a writ of mandamus against any personwho violates any provisions of such notice. In addition tothe foregoing remedies, the department may impose anadministrative penalty not to exceed $5,000 per incidentpursuant to the provisions of chapter 120 or may issue acitation pursuant to the provisions of subsection (3). Ifthe department is required to seek enforcement of thenotice for a penalty pursuant to s. 120.569, it shall beentitled to collect its attorney’s fees and costs, togetherwith any cost of collection.

(2) In addition to or in lieu of any remedy provided insubsection (1), the department may seek the impositionof a civil penalty through the circuit court for anyviolation for which the department may issue a noticeto cease and desist under subsection (1). The civilpenalty shall be no less than $500 and no more than$5,000 for each offense. The court may also award tothe prevailing party court costs and reasonable attorneyfees and, in the event the department prevails, may alsoaward reasonable costs of investigation.

(3)(a) Notwithstanding the provisions of s. 455.225,the department shall adopt rules to permit the issuanceof citations for unlicensed practice of a profession. Thecitation shall be issued to the subject and shall containthe subject’s name and any other information thedepartment determines to be necessary to identify thesubject, a brief factual statement, the sections of the law

allegedly violated, and the penalty imposed. The citationmust clearly state that the subject may choose, in lieu ofaccepting the citation, to follow the procedure under s.455.225. If the subject disputes the matter in thecitation, the procedures set forth in s. 455.225 mustbe followed. However, if the subject does not dispute thematter in the citation with the department within 30 daysafter the citation is served, the citation shall become afinal order of the department. The penalty shall be a fineof not less than $500 or more than $5,000 or otherconditions as established by rule.

(b) Each day that the unlicensed practice continuesafter issuance of a citation constitutes a separateviolation.

(c) The department shall be entitled to recover thecosts of investigation, in addition to any penaltyprovided according to department rule as part of thepenalty levied pursuant to the citation.

(d) Service of a citation may be made by personalservice or certified mail, restricted delivery, to thesubject at the subject’s last known address.

(4) All fines, fees, and costs collected through theprocedures set forth in this section shall be allocated tothe professions in the manner provided for in s.455.2281 for the allocation of the fees assessed andcollected to combat unlicensed practice of a profession.

(5) The provisions of this section apply only to theprovisions of s. 455.217 and the professional practiceacts administered by the department.

History.—s. 3, ch. 84-271; s. 6, ch. 90-228; s. 58, ch. 92-33; s. 26, ch. 92-149; s.23, ch. 93-129; s. 11, ch. 94-119; ss. 83, 84, ch. 94-218; s. 213, ch. 96-410; s. 25, ch.97-261; s. 34, ch. 2000-160; s. 13, ch. 2010-106.

455.2281 Unlicensed activities; fees; disposi-tion.—In order to protect the public and to ensure aconsumer-oriented department, it is the intent of theLegislature that vigorous enforcement of regulation forall professional activities is a state priority. All enforce-ment costs should be covered by professions regulatedby the department. Therefore, the department shallimpose, upon initial licensure and each subsequentrenewal, a special fee of $5 per licensee, in addition toall other fees imposed, to fund efforts to combatunlicensed activity. However, the department may notimpose this special fee on a license renewal for anyprofession whose unlicensed activity account balance,at the beginning of the fiscal year before the renewal,totals more than twice the total of the expenditures forunlicensed activity enforcement efforts in the preceding2 fiscal years. This waiver applies to all licensees withinthe profession, and assessment of the special fee maynot begin or resume until the renewal cycle subject tothe waiver has ended for all of the licensees in thatprofession. This waiver does not apply to a professionthat has a deficit in its operating account or that isprojected to have such a deficit in the next 5 fiscal years.Any profession regulated by the department whichoffers services that are not subject to regulation whenprovided by an unlicensed person may use funds in itsunlicensed activity account to inform the public of suchsituation. The board with concurrence of the depart-ment, or the department when there is no board, mayearmark $5 of the current licensure fee for this purpose,if such board, or profession regulated by the


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department, is not in a deficit and has a reasonable cashbalance. A board or profession regulated by thedepartment may authorize the transfer of funds fromthe operating fund account to the unlicensed activityaccount of that profession if the operating fund accountis not in a deficit and has a reasonable cash balance.The department shall make direct charges to this fundby profession and may not allocate indirect overhead.The department shall seek board advice regardingenforcement methods and strategies prior to expendi-ture of funds; however, the department may, withoutboard advice, allocate funds to cover the costs ofcontinuing education compliance monitoring under s.455.2177. The department shall directly credit, byprofession, revenues received from the department’sefforts to enforce licensure provisions. The departmentshall include all financial and statistical data resultingfrom unlicensed activity enforcement and from continu-ing education compliance monitoring as separatecategories in the quarterly management report providedfor in s. 455.219. The department may not charge theaccount of any profession for the costs incurred onbehalf of any other profession. With the concurrence ofthe applicable board and the department, any balancethat remains in an unlicensed activity account at the endof a renewal cycle may be transferred to the operatingfund account of that profession.

History.—s. 27, ch. 92-149; s. 12, ch. 94-119; s. 160, ch. 99-251; s. 2, ch.2001-269; s. 5, ch. 2004-292; s. 1, ch. 2016-79.

455.2285 Annual report concerning finances,administrative complaints, disciplinary actions,and recommendations.—The department is directedto prepare and submit a report to the President of theSenate and Speaker of the House of Representativesby November 1 of each year. In addition to finances andany other information the Legislature may require, thereport shall include statistics and relevant information,profession by profession, detailing:

(1) The revenues, expenditures, and cash balancesfor the prior year, and a review of the adequacy ofexisting fees.

(2) The number of complaints received and inves-tigated.

(3) The number of findings of probable cause made.

(4) The number of findings of no probable causemade.

(5) The number of administrative complaints filed.

(6) The disposition of all administrative complaints.

(7) A description of disciplinary actions taken.

(8) A description of any effort by the department, forany disciplinary cases under its jurisdiction, to reduce orotherwise close any investigation or disciplinary pro-ceeding not before the Division of Administrative Hear-ings under chapter 120 or otherwise not completedwithin 1 year after the initial filing of a complaint underthis chapter.

(9) The status of the development and implementa-tion of rules providing for disciplinary guidelines pur-suant to s. 455.2273.

(10) Such recommendations for administrative andstatutory changes necessary to facilitate efficient and

cost-effective operation of the department and thevarious boards.

History.—s. 4, ch. 84-271; s. 3, ch. 86-90; s. 7, ch. 90-228; s. 59, ch. 92-33; s.28, ch. 92-149; s. 23, ch. 93-129; ss. 85, 86, ch. 94-218; s. 143, ch. 97-237; s. 26, ch.97-261; s. 5, ch. 97-264; s. 19, ch. 97-273; s. 5, ch. 98-166.

455.2286 Automated information system.—ByNovember 1, 2001, the department shall implementan automated information system for all certificatehold-ers and registrants under part XII of chapter 468,chapter 471, chapter 481, or chapter 489. The systemshall provide instant notification to local building depart-ments and other interested parties regarding the statusof the certification or registration. The provision of suchinformation shall consist, at a minimum, of an indicationof whether the certification or registration is active, ofany current failure to meet the terms of any final actionby a licensing authority, of any ongoing disciplinarycases that are subject to public disclosure, whetherthere are any outstanding fines, and of the reporting ofany material violations pursuant to s. 553.781. Thesystem shall also retain information developed by thedepartment and local governments on individuals foundto be practicing or contracting without holding theapplicable license, certification, or registration requiredby law. The system may be Internet-based.

History.—s. 6, ch. 98-287; s. 31, ch. 2000-141.

455.229 Public inspection of information re-quired from applicants; exceptions; examinationhearing.—

(1) All information required by the department of anyapplicant shall be a public record and shall be open topublic inspection pursuant to s. 119.07, except financialinformation, medical information, school transcripts,examination questions, answers, papers, grades, andgrading keys, which are confidential and exempt from s.119.07(1) and shall not be discussed with or madeaccessible to anyone except members of the board, thedepartment, and staff thereof, who have a bona fideneed to know such information. Any information sup-plied to the department by any other agency which isexempt from the provisions of chapter 119 or isconfidential shall remain exempt or confidential pur-suant to applicable law while in the custody of thedepartment.

(2) The department shall establish by rule theprocedure by which an applicant, and the applicant’sattorney, may review examination questions and an-swers. Examination questions and answers are notsubject to discovery but may be introduced intoevidence and considered only in camera in any admin-istrative proceeding under chapter 120. If an adminis-trative hearing is held, the department shall providechallenged examination questions and answers to theadministrative law judge. The examination questionsand answers provided at the hearing are confidentialand exempt from s. 119.07(1), unless invalidated by theadministrative law judge.

(3) Unless an applicant notifies the department atleast 5 days prior to an examination hearing of theapplicant’s inability to attend, or unless an applicant candemonstrate an extreme emergency for failing to attend,the department may require an applicant who fails to


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attend to pay reasonable attorney’s fees, costs, andcourt costs of the department for the examinationhearing.

History.—s. 5, ch. 79-36; s. 1, ch. 88-392; s. 8, ch. 90-228; s. 10, ch. 91-137; s.3, ch. 91-140; s. 60, ch. 92-33; s. 29, ch. 92-149; s. 23, ch. 93-129; s. 13, ch. 94-119;s. 87, ch. 94-218; ss. 306, 307, ch. 96-406; s. 214, ch. 96-410; s. 27, ch. 97-261.

455.232 Disclosure of confidential information.(1) No officer, employee, or person under contract

with the department, or any board therein, or anysubject of an investigation shall convey knowledge orinformation to any person who is not lawfully entitled tosuch knowledge or information about any public meet-ing or public record, which at the time such knowledgeor information is conveyed is exempt from the provi-sions of s. 119.01, s. 119.07(1), or s. 286.011.

(2) Any person who willfully violates any provision ofthis section is guilty of a misdemeanor of the firstdegree, punishable as provided in s. 775.082 or s.775.083, and may be subject to discipline pursuant to s.455.227, and, if applicable, shall be removed fromoffice, employment, or the contractual relationship.


455.24 Advertisement by a veterinarian of freeor discounted services; required statement.—In anyadvertisement for a free, discounted fee, or reduced feeservice, examination, or treatment by a person licensedunder chapter 474, the following statement shall appearin capital letters clearly distinguishable from the rest ofthe text: THE PERSON RESPONSIBLE FOR PAY-MENT HAS A RIGHT TO REFUSE TO PAY, CANCELPAYMENT, OR BE REIMBURSED FOR PAYMENTFOR ANY OTHER SERVICE, EXAMINATION, ORTREATMENT THAT IS PERFORMED AS A RESULTOF AND WITHIN 72 HOURS OF RESPONDING TOTHE ADVERTISEMENT FOR THE FREE, DIS-COUNTED FEE, OR REDUCED FEE SERVICE, EX-AMINATION, OR TREATMENT. However, the requiredstatement shall not be necessary as an accompanimentto an advertisement of a licensed health care providerdefined by this section if the advertisement appears in aclassified directory the primary purpose of which is toprovide products and services at free, reduced, ordiscounted prices to consumers and in which thestatement prominently appears in at least one place.

History.—s. 1, ch. 84-161; s. 1, ch. 85-7; s. 6, ch. 86-90; s. 13, ch. 89-124; s. 31,ch. 92-149; s. 29, ch. 97-261.

455.242 Veterinarians; disposition of records ofdeceased practitioners or practitioners relocatingor terminating practice.—Each board created underthe provisions of chapter 474 shall provide by rule for thedisposition, under that chapter, of the records that are inexistence at the time the practitioner dies, terminatespractice, or relocates and is no longer available andwhich records pertain to the practitioner’s patients. Therules shall provide that the records be retained for atleast 2 years after the practitioner’s death, terminationof practice, or relocation. In the case of the death of thepractitioner, the rules shall provide for the disposition ofsuch records by the estate of the practitioner.


455.243 Authority to inspect.—Duly authorizedagents and employees of the department shall havethe power to inspect in a lawful manner at all reasonablehours any establishment at which the services of alicensee authorized to prescribe controlled substancesspecified in chapter 893 are offered, for the purpose ofdetermining if any of the provisions of this chapter or anypractice act of a profession or any rule adopted there-under is being violated; or for the purpose of securingsuch other evidence as may be needed for prosecution.


455.245 Veterinarians; immediate suspensionof license.—The department shall issue an emergencyorder suspending the license of any person licensedunder chapter 474 who pleads guilty to, is convicted orfound guilty of, or who enters a plea of nolo contendereto, regardless of adjudication, a felony under chapter409 or chapter 893 or under 21 U.S.C. ss. 801-970 orunder 42 U.S.C. ss. 1395-1396.


455.271 Inactive and delinquent status.—

(1) A licensee may practice a profession only if thelicensee has an active status license. A licensee whopractices a profession without an active status license isin violation of this section and s. 455.227, and the board,or the department when there is no board, may imposediscipline on the licensee.

(2) Each board, or the department when there is noboard, shall permit a licensee to choose, at the time oflicensure renewal, an active or inactive status.

(3) Each board, or the department when there is noboard, shall, by rule, impose a fee for an inactive statuslicense which is no greater than the fee for an activestatus license.

(4) An inactive status licensee may change to activestatus at any time, provided the licensee meets allrequirements for active status, pays any additionallicensure fees necessary to equal those imposed onan active status licensee, pays any applicable reactiva-tion fees as set by the board, or the department whenthere is no board, and meets all continuing educationrequirements as specified in this section.

(5) A licensee shall apply with a complete applica-tion, as defined by rule of the board, or the departmentwhen there is no board, to renew an active or inactivestatus license before the license expires. Failure of alicensee to renew before the license expires shall causethe license to become delinquent in the license cyclefollowing expiration.

(6)(a) A delinquent status licensee must affirmativelyapply with a complete application, as defined by rule ofthe board, or the department if there is no board, foractive or inactive status during the licensure cycle inwhich a licensee becomes delinquent. Failure by adelinquent status licensee to become active or inactivebefore the expiration of the current licensure cycle shallrender the license void without any further action by theboard or the department.


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(b) Notwithstanding the provisions of the profes-sional practice acts administered by the department, thedepartment may, at its discretion, reinstate the licenseof an individual whose license has become void if thedepartment determines that the individual failed tocomply because of illness or economic hardship. Theindividual must apply to the department for reinstate-ment and pay an applicable fee in an amount deter-mined by rule. The department shall require that suchindividual meet all continuing education requirementsprescribed by law, pay appropriate licensing fees, andotherwise be eligible for renewal of licensure under thischapter.

This subsection does not apply to individuals subject toregulation under chapter 473.

(7) Notwithstanding the provisions of the profes-sional practice acts administered by the department,each board, or the department when there is no board,shall, by rule, impose an additional delinquency fee of$25 on a delinquent status licensee when such licenseeapplies for active or inactive status.

(8) Each board, or the department when there is noboard, shall, by rule, impose an additional fee, not toexceed the biennial renewal fee for an active statuslicense, for processing a licensee’s request to changelicensure status at any time other than at the beginningof a licensure cycle.

(9) Each board, or the department when there is noboard, may, by rule, impose reasonable conditions,excluding full reexamination but including part of anational examination or a special purpose examinationto assess current competency, necessary to ensure thata licensee who has been on inactive status for morethan two consecutive biennial licensure cycles and whoapplies for active status can practice with the care andskill sufficient to protect the health, safety, and welfareof the public. Reactivation requirements may differdepending on the length of time licensees are inactive.The costs to meet reactivation requirements shall beborne by licensees requesting reactivation.

(10) The board, or the department if there is noboard, may not require an inactive or delinquentlicensee, except for a licensee under chapter 473 orchapter 475, to complete more than one renewal cycleof continuing education to reactivate a license.

(11) The status or a change in status of a licenseeshall not alter in any way the board’s, or the depart-ment’s when there is no board, right to impose disciplineor to enforce discipline previously imposed on alicensee for acts or omissions committed by thelicensee while holding a license, whether active, in-active, or delinquent.

(12) This section does not apply to a businessestablishment registered, permitted, or licensed by thedepartment to do business or to a person licensed,permitted, registered, or certified pursuant to chapter310 or chapter 475.

History.—s. 14, ch. 94-119; s. 1, ch. 2005-249; s. 2, ch. 2009-54; s. 3, ch.2012-61; s. 5, ch. 2012-72; s. 8, ch. 2012-208; s. 1, ch. 2017-29.

455.273 Renewal and cancellation notices.—Atleast 90 days before the end of a licensure cycle, thedepartment shall:

(1) Forward a licensure renewal notification to anactive or inactive licensee at the licensee’s last knownaddress of record or e-mail address provided to thedepartment.

(2) Forward a notice of pending cancellation oflicensure to a delinquent status licensee at the licen-see’s last known address of record or e-mail addressprovided to the department.

History.—s. 15, ch. 94-119; s. 6, ch. 2012-72.

455.275 Address of record.—

(1) Each licensee of the department is solelyresponsible for notifying the department in writing ofthe licensee’s current mailing address, e-mail address,and place of practice, as defined by rule of the board orthe department when there is no board. A licensee’sfailure to notify the department of a change of addressconstitutes a violation of this section, and the licenseemay be disciplined by the board or the department whenthere is no board.

(2) Notwithstanding any other provision of law,service by regular mail or e-mail to a licensee’s lastknown mailing address or e-mail address of record withthe department constitutes adequate and sufficientnotice to the licensee for any official communicationto the licensee by the board or the department exceptwhen other service is required pursuant to s. 455.225.

(3)(a) Notwithstanding any provision of law, when anadministrative complaint is served on a licensee of thedepartment, the department shall provide service byregular mail to the licensee’s last known address ofrecord, by certified mail to the last known address ofrecord, and, if possible, by e-mail.

(b) If service, as provided in paragraph (a), does notprovide the department with proof of service, thedepartment shall call the last known telephone numberof record and cause a short, plain notice to the licenseeto be posted on the front page of the department’swebsite and shall send notice via e-mail to all news-papers of general circulation and all news departmentsof broadcast network affiliates in the county of thelicensee’s last known address of record.


455.32 Management Privatization Act.—

(1) This section shall be known by the popular namethe “Management Privatization Act.”

(2) The purpose of this section is to create a modelfor contracting with nonprofit corporations to provideservices for the regulation of Florida’s professionalswhich will ensure a consistent, effective application ofregulatory provisions and appropriate budgetary over-sight to achieve the most efficient use of public funds.Nonprofit corporations may be established pursuant tothis section to provide administrative, examination,licensing, investigative, and prosecutorial services toany board created within the department pursuant tochapter 20 in accordance with the provisions of thischapter and the applicable practice act. No additionalentities may be created to provide these services.

(3) As used in this section, the term:


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(a) “Board” means any board, commission, orcouncil created within the department pursuant tochapter 20.

(b) “Corporation” means any nonprofit corporationwith which the department contracts pursuant to sub-section (14).

(c) “Department” means the Department of Busi-ness and Professional Regulation.

(d) “Contract manager” means an employee of thedepartment who serves as a liaison between thedepartment, the board, and the corporation and isresponsible for ensuring that the police powers of thestate are not exercised by the corporation, while alsoserving as the contract monitor.

(e) “Business case” means a needs assessment,financial feasibility study, and corporate financial modelas specified in paragraph (4).

(f) “Performance standards and measurable out-comes” shall include, but not be limited to, timelinessand qualitative criteria for the activities specified inparagraph (6)(o).

(g) “Secretary” means the Secretary of Businessand Professional Regulation.

(4) Based upon the request of any board, thedepartment is authorized to establish and contractwith a nonprofit corporation to provide administrative,examination, licensing, investigative, and prosecutorialservices to that board, in accordance with the provisionsof this chapter and the applicable practice act and asspecified in a contract between the department and thecorporation. The privatization request must contain abusiness case that includes a needs assessment andfinancial feasibility study performed by the board or anentity commissioned by a majority vote of the board.The needs assessment must contain specific perfor-mance standards and measurable outcomes and anevaluation of the department’s current and projectedperformance in regard to those standards. The feasi-bility study must include the financial status of the boardfor the current fiscal year and the next 2 fiscal years. Afinancial model for the corporation must also bedeveloped which includes projected costs and ex-penses for the first 2 years of operation and specificperformance standards and measurable outcomes. Thebusiness case for privatization shall be submitted by theboard to the department for inclusion in its legislativebudget request to the Executive Office of the Governorand the Legislature pursuant to s. 216.023. The boardshall proceed with the privatization only if such priva-tization is specifically authorized by general law.

(5) Any such corporation may hire staff as neces-sary to carry out its functions. Such staff are not publicemployees for the purposes of chapter 110 or chapter112, except that the board of directors and the employ-ees of the corporation are subject to the provisions of s.112.061 and part III of chapter 112. The provisions of s.768.28 apply to each such corporation, which is deemedto be a corporation primarily acting as an instrumentalityof the state but which is not an agency within themeaning of s. 20.03(11).

(6) Each corporation created to perform the func-tions provided in this section shall:

(a) Be a Florida corporation not for profit, incorpo-rated under the provisions of chapter 617.

(b) Provide administrative, examination, licensing,investigative, and prosecutorial services to the board,which services may include unlicensed activity investi-gations and prosecutions, in accordance with theprovisions of this chapter, the applicable practice act,and the contract required by this section.

(c) Receive, hold, and administer property andmake only prudent expenditures directly related to theresponsibilities of the applicable board and in accor-dance with the contract required by this section.

(d) Be approved by the department to operate forthe benefit of the board and in the best interest of thestate and specifically authorized by the Legislature.

(e) Operate under a fiscal year that begins on July 1of each year and ends on June 30 of the following year.

(f) Be funded through appropriations allocated tothe regulation of the relevant profession from theProfessional Regulation Trust Fund pursuant to s.455.219.

(g) Have a five-member board of directors, three ofwhom are to be appointed by the applicable board andmust be licensees regulated by that board and two ofwhom are to be appointed by the secretary and arelaypersons not regulated by that board. Initially, onemember shall be appointed for 2 years, two membersshall be appointed for 3 years, and two members shallbe appointed for 4 years. One layperson shall beappointed to a 3-year term and one layperson shallbe appointed to a 4-year term. Thereafter, all appoint-ments shall be for 4-year terms. No new member shallserve more than two consecutive terms. Failure toattend three consecutive meetings shall be deemed aresignation from the board of directors, and the vacancyshall be filled by a new appointment. No professionalboard member may also serve on the board of directorsfor the corporation.

(h) Select its officers in accordance with its bylaws.The members of the board of directors may be removedby the Governor, for the same reasons that a boardmember may be removed pursuant to s. 455.209.

(i) Select the president of the corporation, who shallmanage the operations of the corporation, subject to theapproval of the board.

(j) Use a portion of the interest derived from thecorporation account to offset the costs associated withthe use of credit cards for payment of fees by applicantsor licensees.

(k) Operate under a written contract with thedepartment.

(l) Provide for an annual financial audit of itsfinancial accounts and records by an independentcertified public accountant. The annual audit reportshall include a management letter in accordance with s.11.45 and a detailed supplemental schedule of expen-ditures for each expenditure category. The annual auditreport must be submitted to the board, the department,and the Auditor General for review.

(m) Provide for all employees and nonemployeescharged with the responsibility of receiving and depos-iting fee and fine revenues to have a faithful


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performance bond in such an amount and according tosuch terms as shall be determined in the contract.

(n) Keep financial and statistical information asnecessary to completely disclose the financial conditionand operation of the corporation and as requested bythe Office of Program Policy Analysis and GovernmentAccountability, the Auditor General, and the depart-ment.

(o) Submit to the secretary, the board, and theLegislature, on or before October 1 of each year, areport describing all of the activities of the corporationfor the previous fiscal year which includes, but is notlimited to, information concerning the programs andfunds that have been transferred to the corporation. Thereport must include:

1. The number of license renewals.2. The number of license applications received.3. The number of license applications approved

and denied and the number of licenses issued.4. The average time required to issue a license.5. The number of examinations administered and

the number of applicants who passed or failed theexamination.

6. The number of complaints received.7. The number of complaints determined to be

legally sufficient.8. The number of complaints dismissed.9. The number of complaints determined to have

probable cause.10. The number of administrative complaints issued

and the status of the complaints.11. The number and nature of disciplinary actions

taken by the board.12. All revenues received and all expenses incurred

by the corporation during the preceding fiscal year in itsperformance of the duties under the contract.

13. Any audit performed under paragraph (l), includ-ing financial reports and performance audits.

14. The status of the compliance of the corporationwith all performance-based program measures adoptedby the board.

(p) Meet or exceed the requirements of the busi-ness case developed by the board and approved by theExecutive Office of the Governor.

(7) The department shall annually certify that thecorporation is complying with the terms of the contract ina manner consistent with the goals and purposes of theboard and in the best interest of the state. If thedepartment determines the corporation is not compliantwith the terms of the contract, including performancestandards and measurable outcomes, the contract maybe terminated as provided in paragraph (14)(e).

(8) Nothing in this section shall limit the ability of thecorporation to enter into contracts and perform all otheracts incidental to those contracts which are necessaryfor the administration of its affairs and for the attainmentof its purposes.

(9) The corporation may acquire by lease, andmaintain, use, and operate, any real or personalproperty necessary to perform the duties provided bythe contract and this section.

(10) The corporation may exercise the authorityassigned to the department or board under this section

or the practice act of the relevant profession, pursuant tothe contract, including but not limited to initiatingdisciplinary investigations for unlicensed practice ofthe relevant profession. The corporation may make adetermination of legal sufficiency to begin the investi-gative process as provided in s. 455.225. However, thedepartment or the board may not delegate to thecorporation, by contract or otherwise, the authority fordetermining probable cause to pursue disciplinaryaction against a licensee, taking final action on licenseactions or on disciplinary cases, or adopting adminis-trative rules under chapter 120.

(11) The department shall retain the independentauthority to open, investigate, or prosecute any cases orcomplaints, as necessary to protect the public health,safety, or welfare. In addition, the department shallretain sole authority to issue emergency suspension orrestriction orders pursuant to s. 120.60 or may delegateconcurrent authority for this purpose to the relevantprofessional board.

(12) The corporation is the sole source and deposi-tory for the records of the board, including all historicalinformation and records. The corporation shall maintainthose records in accordance with the guidelines of theDepartment of State and shall not destroy any recordsprior to the limits imposed by the Department of State.

(13) The board shall provide by rule for the proce-dures the corporation must follow to ensure that alllicensure examinations are secure while under theresponsibility of the corporation and that there is anappropriate level of monitoring during the licensureexaminations.

(14) The contract between the department and thecorporation must be in compliance with this section andother applicable laws. The department shall retainresponsibility for any duties it currently exercisesrelating to its police powers and any other currentduty that is not provided to the corporation by contract orthis section. The contract shall provide, at a minimum,that:

(a) The corporation provide administrative, exam-ination, licensing, investigative, and prosecutorial ser-vices in accordance with the provisions of this sectionand the practice act of the relevant profession. Theprosecutorial functions of the corporation shall includethe authority to pursue investigations leading to un-licensed practice complaints, with the approval of and atthe direction of the relevant professional board. Withapproval of the department and the board, the corpora-tion may subcontract for specialized services for theinvestigation and prosecution of unlicensed activitypursuant to this chapter. The corporation shall berequired to report all criminal matters, including un-licensed activity that constitutes a crime, to the stateattorney for criminal prosecution pursuant to s.455.2277.

(b) The articles of incorporation and bylaws of thecorporation be approved by the department.

(c) The corporation submit an annual budget forapproval by the department. If the department’s appro-priations request differs from the budget submitted bythe corporation, the relevant professional board shall bepermitted to authorize the inclusion in the appropriations


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request of a comment or statement of disagreementwith the department’s request.

(d) The corporation utilize the department’s licen-sing and computerized database system.

(e) The corporation be annually certified by thedepartment as complying with the terms of the contractin a manner consistent with the goals and purposes ofthe board and in the best interest of the state. As part ofthe annual certification, the department shall makequarterly assessments regarding contract complianceby the corporation. The contract must also provide formethods and mechanisms for resolving any situation inwhich the assessment and certification process deter-mines noncompliance, to include termination.

(f) The department employ a contract manager toactively monitor the activities of the corporation toensure compliance with the contract, the provisions ofthis chapter, and the applicable practice act.

(g) The corporation be funded through appropria-tions allocated to the regulation of the relevant profes-sion from the Professional Regulation Trust Fund.

(h) If the corporation is no longer approved tooperate for the board or the board ceases to exist, allmoneys, records, data, and property held in trust by thecorporation for the benefit of the board revert to thedepartment, or the state if the department ceases toexist. All records and data in a computerized databasemust be returned to the department in a form that iscompatible with the computerized database of thedepartment.

(i) The corporation secure and maintain, during theterm of the contract and for all acts performed during theterm of the contract, all liability insurance coverages inan amount to be approved by the department to defend,indemnify, and hold harmless the corporation and itsofficers and employees, the department and its employ-ees, the board, and the state against all claims arisingfrom state and federal laws. Such insurance coveragemust be with insurers qualified and doing business inthe state. The corporation must provide proof ofinsurance to the department. The department and itsemployees, the board, and the state are exempt fromand are not liable for any sum of money whichrepresents a deductible, which sums shall be the soleresponsibility of the corporation. Violation of this para-graph shall be grounds for terminating the contract.

(j) The board, in lieu of the department, shall retainboard counsel pursuant to the requirements of s.455.221. The corporation, out of its allocated budget,shall pay all costs of representation by the board

counsel, including salary and benefits, travel, and anyother compensation traditionally paid by the departmentto other board counsel.

(k) The corporation, out of its allocated budget, payto the department all costs incurred by the corporationor the board for the Division of Administrative Hearingsof the Department of Management Services and anyother cost for utilization of these state services.

(l) The corporation, out of its allocated budget, payto the department all direct and indirect costs asso-ciated with the monitoring of the contract, includingsalary and benefits, travel, and other related coststraditionally paid to state employees.

(m) The corporation comply with the performancestandards and measurable outcomes developed by theboard and the department. The performance standardsand measurable outcomes must be specified within thecontract.

(15) Corporation records are public records subjectto the provisions of s. 119.07(1) and s. 24(a), Art. I of theState Constitution; however, public records exemptionsset forth in ss. 455.217, 455.225, and 455.229 forrecords held by the department shall apply to recordsheld by the corporation. In addition, all meetings of theboard of directors are open to the public in accordancewith s. 286.011 and s. 24(b), Art. I of the StateConstitution. The department and the board shallhave access to all records of the corporation asnecessary to exercise their authority to approve andsupervise the contract. The Auditor General and theOffice of Program Policy Analysis and GovernmentAccountability shall have access to all records of thecorporation as necessary to conduct financial andoperational audits or examinations.

(16) If any provision of this section is held to beunconstitutional or is held to violate the state or federalantitrust laws, the following shall occur:

(a) The corporation shall cease and desist fromexercising any powers and duties enumerated in thissection.

(b) The department shall resume the performanceof such activities. The department shall regain andreceive, hold, invest, and administer property and makeexpenditures for the benefit of the board.

(c) The Executive Office of the Governor, notwith-standing chapter 216, may reestablish positions, budgetauthority, and salary rate necessary to carry out thedepartment’s responsibilities related to the board.



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f.s. 2017 business and professional regulation: …455.2121 education; accreditation. 455.2122...

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