Florida Statute 455.201 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 455
BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONS

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F.S. 455.201

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 so as a matter of right if otherwise qualified.

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

(a) Their unregulated practice can harm or endanger the health, safety, and welfare of the public, and when the potential for such harm is recognizable and clearly outweighs any anticompetitive impact which may result from regulation.

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

(3) It is further legislative intent that the use of the term “profession” with respect to those activities licensed and regulated by the department shall not be deemed to mean that such activities are not occupations for other purposes in state or federal law.

(4)(a) Neither the department nor any board may create unreasonably restrictive and extraordinary standards that deter qualified persons from entering the various professions. Neither the department nor any board may take any action that tends to create or maintain an economic condition that unreasonably restricts competition, except as specifically provided by law.

(b) Neither the department nor any board may create a regulation that has an unreasonable effect on job creation or job retention in the state or that places unreasonable restrictions on the ability of individuals who seek to practice or who are practicing a given profession or occupation to find employment.

(c) The Legislature shall evaluate proposals to increase regulation of already regulated professions or occupations to determine their effect on job creation or retention and employment opportunities.

(5) Policies adopted by the department shall ensure that all expenditures are made in the most cost-effective manner to maximize competition, minimize licensure costs, and maximize public access to meetings conducted for the purpose of professional regulation. The long-range planning function of the department shall be implemented to facilitate effective operations and to eliminate 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.

Note.—Former s. 455.001.

F.S. 455.201 on Google Scholar

F.S. 455.201 on Casetext

Amendments to 455.201

Arrestable Offenses / Crimes under Fla. Stat. 455.201

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 455.201.

Annotations, Discussions, Cases:

Cases Citing Statute 455.201

Total Results: 8

Ago

Court: Florida Attorney General Reports | Date Filed: 2002-08-23

Snippet: Stat., generally regulating professions and s. 455.201(2)(a), Fla. Stat., providing that the unregulated

Florida Bd. of Med. v. Florida Academy of Cosmetic Surgery, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2002-01-23

Citation: 808 So. 2d 243, 2002 WL 83679

Snippet: profession or occupation to find employment. See also § 455.201, Fla. Stat. (1999) (identical statute applying

Harris v. Gonzalez

Court: District Court of Appeal of Florida | Date Filed: 2001-06-06

Citation: 789 So. 2d 405, 2001 WL 608969

Snippet: uninfluenced by financial considerations. Section 455.201, Florida Statutes (1991) provided: (2) The Legislature

Cole Vision v. Dept. of Bus. and Prof.

Court: District Court of Appeal of Florida | Date Filed: 1997-02-14

Citation: 688 So. 2d 404, 1997 WL 60865

Snippet: conflict with sections 463.014(1)(c), 484.006(2) and 455.201(4). Section 463.014(1)(c), Florida Statutes (1993)

Ago

Court: Florida Attorney General Reports | Date Filed: 1996-03-07

Snippet: See, s. 475.001, Fla. Stat. (1995). And see, s. 455.201(2)(a), Fla. Stat. (1995). See also, Horne v. Florida

Florida Nutrition Counselors Ass'n v. Department of Business & Professional Regulation, Board of Medicine, Dietetics & Nutrition Practice Council

Court: District Court of Appeal of Florida | Date Filed: 1995-08-10

Citation: 667 So. 2d 218, 1995 Fla. App. LEXIS 8482

Snippet: permissible purpose for those regulations under section 455.201,5 Florida Statutes, and section 468.507, supra

Ago

Court: Florida Attorney General Reports | Date Filed: 1981-12-09

Snippet: pertinent provisions of ch. 455, F.S., provide: 455.201(4) . . . the term `profession' shall also mean

DEPT. OF PROFESSIONAL REG. v. Hall

Court: District Court of Appeal of Florida | Date Filed: 1981-05-14

Citation: 398 So. 2d 978

Snippet: Department's jurisdictional umbrella. Sections 20.30, 455.201 et seq., Fla. Stat. (1979). The alleged dispute