Florida Statutes

Fla. Stat. § 455.201 (2025)

Professions and occupations regulated by department; legislative intent; requirements.

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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.

Notes of Decisions

Cited in 7 cases, 1995–2006 · leading case: Cole Vision v. Dept. of Bus. & Prof., 688 So. 2d 404 (Fla. 1st DCA 1997).

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Cole Vision v. Dept. of Bus. & Prof., 688 So. 2d 404 (Fla. 1st DCA 1997). · cites it 9× “Finally, section 455.201(4), Florida Statutes (1993), provides in pertinent part: No board, nor the department, shall take any action which tends to create or maintain an economic condition that unreasonably restricts competition, except as specifically provided by law.”

Florida Bd. of Med. v. Florida Academy of Cosmetic Surgery, Inc., 808 So. 2d 243 (Fla. 1st DCA 2002). · cites it 3× “See also § 455.201, Fla. Stat. (1999) (identical statute applying to the Department of Business and Professional Regulation under part I of chapter 455).”

Harris v. Gonzalez, 789 So. 2d 405 (Fla. 4th DCA 2001). · cites it 2× “Section 455.201, Florida Statutes (1991) provided: (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.”

Full Circle Dairy LLC v. Mckinney, 467 F. Supp. 2d 1343 (M.D. Fla. 2006). · cites it 7× “See Fla. Stat. §§ 455.201 & 489.101. B. Whether plaintiff “supervised” defendant under Fla.”

Miccosukee Tribe of Indians v. Florida State Athletic Comm'n, 226 F.3d 1226 (11th Cir. 2000). “See Fla. Stat. § 455.201 . 6 . The Tribe provides a long list of powers Florida has delegated to the Florida Commission in order to show that the state views the Commission as an independent entity and not a state agency.”

Florida Nutrition Counselors Ass'n v. Dep't of Bus. & Prof'l Reg., Bd. of Med., Dietetics & Nutrition Practice Council, 667 So. 2d 218 (Fla. 1st DCA 1995). · cites it 2× “” The gist of the argument as to these proposed rule amendments is that they do not encompass, and the record does not show, the necessary reasonable relationship to the protection of public health and safety, which is the sole permissible purpose for those regulations under…”

Miccosukee Tribe v. Florida State Athletic Comm. (11th Cir. 2000). “See Fla. Stat. § 455.201 . 6 The Tribe provides a long list of powers Florida has delegated to the Florida Commission in order to show that the state views the Commission as an independent entity and not a state agency.”

— 455.201(2)(a) — 1 case

Florida Nutrition Counselors Ass'n v. Dep't of Bus. & Prof'l Reg., Bd. of Med., Dietetics & Nutrition Practice Council, 667 So. 2d 218 (Fla. 1st DCA 1995). “” The gist of the argument as to these proposed rule amendments is that they do not encompass, and the record does not show, the necessary reasonable relationship to the protection of public health and safety, which is the sole permissible purpose for those regulations under…”

— 455.201(4) — 2 cases

Cole Vision v. Dept. of Bus. & Prof., 688 So. 2d 404 (Fla. 1st DCA 1997). “Finally, section 455.201(4), Florida Statutes (1993), provides in pertinent part: No board, nor the department, shall take any action which tends to create or maintain an economic condition that unreasonably restricts competition, except as specifically provided by law.”

Florida Bd. of Med. v. Florida Academy of Cosmetic Surgery, Inc., 808 So. 2d 243 (Fla. 1st DCA 2002). “See also § 455.201, Fla. Stat. (1999) (identical statute applying to the Department of Business and Professional Regulation under part I of chapter 455).”

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