Florida Statutes Title XXXII Chapter 455 - Business And Professional Regulation: General Provisions
- 455.01 - Definitions.
As used in this chapter, the term:(1) “Board” means any board or commission, or other statutorily created entity to the extent such entity is authorized to...
- 455.017 - Applicability Of This Chapter.
This chapter applies only to the regulation of professions by the department.History.—s. 60, ch. 94-218; s. 4, ch. 2010-106.
- 455.02 - Licensure Of Members Of The Armed Forces In Good Standing And Their Spouses With Administrative Boards.
(1) Any member of the Armed Forces of the United States now or hereafter on active duty who, at the time of becoming such a member,...
- 455.10 - Restriction On Requirement Of Citizenship.
No person shall be disqualified from practicing an occupation or profession regulated by the state solely because he or she is not a United States...
- 455.11 - Qualification Of Immigrants For Examination To Practice A Licensed Profession Or Occupation.
(1) It is the declared purpose of this section to encourage the use of foreign-speaking Florida residents duly qualified to become actively qualified in their professions...
- 455.116 - Regulation Trust Funds.
The following trust 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...
- 455.1165 - Federal Grants Trust Fund.
(1) The Federal Grants Trust Fund is created within the Department of Business and Professional Regulation.(2) The trust fund is established for use as a depository for...
- 455.117 - Sale Of Services And Information By Department.
The department may provide, directly or by contract, services and information to other levels of government and private entities.History.—s. 9, ch. 93-220.
- 455.201 - Professions And Occupations Regulated By Department; Legislative Intent; Requirements.
(1) It is the intent of the Legislature that persons desiring to engage in any lawful profession regulated by the department shall be entitled to do...
- 455.203 - Department; Powers And Duties.
The department, for the boards under its jurisdiction, shall:(1) Adopt rules establishing a procedure for the biennial renewal of licenses; however, the department may issue up...
- 455.2035 - Rulemaking Authority For Professions Not Under A Board.
The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the regulatory requirements of any profession within the department’s jurisdiction which does...
- 455.204 - Long-range Policy Planning; Plans, Reports, And Recommendations.
To facilitate efficient and cost-effective regulation, the department and the board, where appropriate, shall develop and implement a long-range policy planning and monitoring process to...
- 455.205 - Contacting Boards Through Department.
Each board under the jurisdiction of the department may be contacted through the headquarters of the department in the City of Tallahassee or at any...
- 455.207 - Boards; Organization; Meetings; Compensation And Travel Expenses.
(1) Each board within the department shall comply with the provisions of this section.(2) The board shall annually elect from among its number a chairperson and vice...
- 455.208 - Publication Of Information.
The department and the boards shall have the authority to advise licensees periodically, through the publication of a newsletter, about information that the department or...
- 455.209 - Accountability And Liability Of Board Members.
(1) Each board member shall be accountable to the Governor for the proper performance of duties as a member of the board. The Governor shall investigate...
- 455.211 - Board Rules; Final Agency Action; Challenges.
(1) The secretary of the department shall have standing to challenge any rule or proposed rule of a board under its jurisdiction pursuant to s. 120.56....
- 455.212 - Education; Substituting Demonstration Of Competency For Clock-hour Requirements.
Any board, or the department when there is no board, that requires student completion of a specific number of clock hours of classroom instruction for...
- 455.2121 - Education; Accreditation.
Notwithstanding any other provision of law, educational programs and institutions which are required by statute to be accredited, but which were accredited by an agency...
- 455.2122 - Education.
A board, or the department where there is no board, shall approve distance learning courses as an alternative to classroom courses to satisfy prelicensure or...
- 455.2123 - Continuing Education.
A board, or the department when there is no board, may provide by rule that distance learning may be used to satisfy continuing education requirements....
- 455.2124 - Proration Of Or Not Requiring Continuing Education.
A board, or the department when there is no board, may:(1) Prorate continuing education for new licensees by requiring half of the required continuing education for...
- 455.2125 - Consultation With Postsecondary Education Boards Prior To Adoption Of Changes To Training Requirements.
Any state agency or board that has jurisdiction over the regulation of a profession or occupation shall consult with the Commission for Independent Education, the...
- 455.213 - General Licensing Provisions.
(1) Any person desiring to be licensed shall apply to the department in writing. The application for licensure shall be submitted on a form prescribed by...
- 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, the use of retired professionals...
- 455.217 - Examinations.
This section shall be read in conjunction with the appropriate practice act associated with each regulated profession under this chapter.(1) The Division of Professions of the...
- 455.2171 - Use Of Professional Testing Services.
Notwithstanding any other provision of law to the contrary, the department may use a professional testing service to prepare, administer, grade, and evaluate any computerized...
- 455.2175 - Penalty For Theft Or Reproduction Of An Examination.
In addition to, or in lieu of, any other discipline imposed pursuant to s. 455.227, the theft of an examination in whole or in part...
- 455.2177 - Monitoring Of Compliance With Continuing Education Requirements.
(1) The department shall establish a system to monitor licensee compliance with applicable continuing education requirements and to determine each licensee’s continuing education status. As used...
- 455.2178 - Continuing Education Providers.
(1) Each continuing education provider shall provide to the department such information regarding the continuing education status of licensees as the department determines is necessary to...
- 455.2179 - Continuing Education Provider And Course Approval; Cease And Desist Orders.
(1) If a board, or the department if there is no board, requires completion of continuing education as a requirement for renewal of a license, the...
- 455.218 - Foreign-trained Professionals; Special Examination And License Provisions.
(1) When not otherwise provided by law, the department shall by rule provide procedures under which exiled professionals may be examined within each practice act. A...
- 455.2185 - Exemption For Certain Out-of-state Or Foreign Professionals; Limited Practice Permitted.
(1) A professional of any other state or of any territory or other jurisdiction of the United States or of any other nation or foreign jurisdiction...
- 455.219 - Fees; Receipts; Disposition; Periodic Management Reports.
(1) Each board within the department shall determine by rule the amount of license fees for its profession, based upon department-prepared long-range estimates of the revenue...
- 455.221 - Legal And Investigative Services.
(1) The department shall provide board counsel for boards within the department by contracting with the Department of Legal Affairs, by retaining private counsel pursuant to...
- 455.2228 - Barbers And Cosmetologists; Instruction On Hiv And Aids.
(1) The board, or the department where there is no board, shall require each person licensed or certified under chapter 476 or chapter 477 to complete...
- 455.223 - Power To Administer Oaths, Take Depositions, And Issue Subpoenas.
For the purpose of any investigation or proceeding conducted by the department, the department shall have the power to administer oaths, take depositions, make inspections...
- 455.2235 - Mediation.
(1) Notwithstanding the provisions of s. 455.225, the board, or the department when there is no board, shall adopt rules to designate which violations of the...
- 455.224 - Authority To Issue Citations.
(1) Notwithstanding s. 455.225, the board or the department shall adopt rules to permit the issuance of citations. The citation shall be issued to the subject...
- 455.225 - Disciplinary Proceedings.
Disciplinary proceedings for each board shall be within the jurisdiction of the department.(1)(a) The department, for the boards under its jurisdiction, shall cause to be investigated...
- 455.2255 - Classification Of Disciplinary Actions.
(1) A licensee may petition the department to review a disciplinary incident to determine whether the specific violation meets the standard of a minor violation as...
- 455.227 - Grounds For Discipline; Penalties; Enforcement.
(1) The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken:(a) Making misleading, deceptive, or fraudulent representations in or...
- 455.2273 - Disciplinary Guidelines.
(1) Each board, or the department when there is no board, shall adopt, by rule, and periodically review the disciplinary guidelines applicable to each ground for...
- 455.2274 - Criminal Proceedings Against Licensees; Appearances By Department Representatives.
A representative of the department may voluntarily appear in a criminal proceeding brought against a person licensed by the department to practice a profession regulated...
- 455.2275 - Penalty For Giving False Information.
In addition to, or in lieu of, any other discipline imposed pursuant to s. 455.227, the act of knowingly giving false information in the course...
- 455.2277 - Prosecution Of Criminal Violations.
The department or the appropriate board shall report any criminal violation of any statute relating to the practice of a profession regulated by the department...
- 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 to believe that any person not licensed by the department, or the appropriate regulatory board within the department, has...
- 455.2281 - Unlicensed Activities; Fees; Disposition.
In order to protect the public and to ensure a consumer-oriented department, it is the intent of the Legislature that vigorous enforcement of regulation for...
- 455.2285 - Annual Report Concerning Finances, Administrative Complaints, Disciplinary Actions, And Recommendations.
The department is directed to prepare and submit a report to the President of the Senate and Speaker of the House of Representatives by November...
- 455.2286 - Automated Information System.
By November 1, 2001, the department shall implement an automated information system for all certificateholders and registrants under part XII of chapter 468, chapter 471,...
- 455.229 - Public Inspection Of Information Required From Applicants; Exceptions; Examination Hearing.
(1) All information required by the department of any applicant shall be a public record and shall be open to public inspection pursuant to s. 119.07,...
- 455.232 - Disclosure Of Confidential Information.
(1) No officer, employee, or person under contract with the department, or any board therein, or any subject of an investigation shall convey knowledge or information...
- 455.24 - Advertisement By A Veterinarian Of Free Or Discounted Services; Required Statement.
In any advertisement for a free, discounted fee, or reduced fee service, examination, or treatment by a person licensed under chapter 474, the following statement...
- 455.242 - Veterinarians; Disposition Of Records Of Deceased Practitioners Or Practitioners Relocating Or Terminating Practice.
Each board created under the provisions of chapter 474 shall provide by rule for the disposition, under that chapter, of the records that are in...
- 455.243 - Authority To Inspect.
Duly authorized agents and employees of the department shall have the power to inspect in a lawful manner at all reasonable hours any establishment at...
- 455.245 - Veterinarians; Immediate Suspension Of License.
The department shall issue an emergency order suspending the license of any person licensed under chapter 474 who pleads guilty to, is convicted or found...
- 455.271 - Inactive And Delinquent Status.
(1) A licensee may practice a profession only if the licensee has an active status license. A licensee who practices a profession without an active status...
- 455.273 - Renewal And Cancellation Notices.
At least 90 days before the end of a licensure cycle, the department shall:(1) Forward a licensure renewal notification to an active or inactive licensee at...
- 455.275 - Address Of Record.
(1) Each licensee of the department is solely responsible for notifying the department in writing of the licensee’s current mailing address, e-mail address, and place of...
- 455.32 - Management Privatization Act.
(1) This section shall be known by the popular name the “Management Privatization Act.”(2) The purpose of this section is to create a model for contracting with...
Last modified: September 23, 2016