Florida Statute 455.201 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

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.

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Amendments to 455.201

Annotations, Discussions, Cases:

Cases Citing Statute 455.201

Total Results: 8

Miccosukee Tribe Of Indians Of Florida v. Florida State Athletic Commission

226 F.3d 1226

Court of Appeals for the Eleventh Circuit | Filed: Sep 26, 2000 | Docket: 1072024

Cited 34 times | Published

various professions within the state. See Fla. Stat. 455.201. 6 The Tribe

Harris v. Gonzalez

789 So. 2d 405, 2001 WL 608969

District Court of Appeal of Florida | Filed: Jun 6, 2001 | Docket: 107039

Cited 25 times | Published

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

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

808 So. 2d 243, 2002 WL 83679

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 2191393

Cited 13 times | Published

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

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

688 So. 2d 404, 1997 WL 60865

District Court of Appeal of Florida | Filed: Feb 14, 1997 | Docket: 1786958

Cited 7 times | Published

independently, is logically inconsistent. Finally, section 455.201(4), Florida Statutes (1993), provides in pertinent

FULL CIRCLE DAIRY LLC v. McKinney

467 F. Supp. 2d 1343, 2006 U.S. Dist. LEXIS 86645, 2006 WL 3469526

District Court, M.D. Florida | Filed: Nov 30, 2006 | Docket: 2287780

Cited 2 times | Published

other professions in the state of Florida). Section 455.201 provides: (1) It is the intent of the Legislature

Miccosukee Tribe of Indians v. Florida State Athletic Commission

226 F.3d 1226, 2000 WL 1288675

Court of Appeals for the Eleventh Circuit | Filed: Sep 13, 2000 | Docket: 767554

Published

within the state. See Fla. Stat. § 455.201. 6 . The Tribe provides a long

Miccosukee Tribe v. Florida State Athletic Comm.

Court of Appeals for the Eleventh Circuit | Filed: Sep 13, 2000 | Docket: 75567

Published

professions within the state. See Fla. Stat. § 455.201. 6 The Tribe provides a long list of powers

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

667 So. 2d 218, 1995 Fla. App. LEXIS 8482, 1995 WL 469647

District Court of Appeal of Florida | Filed: Aug 10, 1995 | Docket: 64761919

Published

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