The 2023 Florida Statutes (including 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.

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 from cite.case.law:

F. HEFFNER, v. J. MURPHY,, 866 F. Supp. 2d 358 (M.D. Pa. 2012)

. . . . § 455.201)). . . .

FULL CIRCLE DAIRY LLC, v. R. McKINNEY, II,, 467 F. Supp. 2d 1343 (M.D. Fla. 2006)

. . . . §§ 455.201 & 489.101. B. Whether plaintiff “supervised” defendant under Fla. . . . Section 455.201 provides: (1) It is the intent of the Legislature that persons desiring to engage in . . . Sections 455.201 and 489.101 codify the Legislature’s purpose in regulating professions in the State . . . Stat. §§ 455.201 and 489.101 are sufficient. . . . Such a reading of § 489.128(1) furthers the prescribed legislative intent set forth in §§ 455.201 and . . .

BATES, v. COLONY PARK ASSOCIATION, 393 F. Supp. 2d 578 (E.D. Mich. 2005)

. . . Laws § 455.201 et seq, CPA’s articles of incorporation provide that the purpose of this corporation is . . .

FLORIDA BOARD OF MEDICINE, v. FLORIDA ACADEMY OF COSMETIC SURGERY, INC. M. D. D. D. S. F. A. C. S. R. M. D. v., 808 So. 2d 243 (Fla. Dist. Ct. App. 2002)

. . . See also § 455.201, Fla. . . . So.2d 404 (Fla. 1st DCA 1997) (addressing the merits of a rule challenge brought pursuant to section 455.201 . . .

H. HARRIS, s H. s v. GONZALEZ, M. D. a A., 789 So. 2d 405 (Fla. Dist. Ct. App. 2001)

. . . Section 455.201, Florida Statutes (1991) provided: (2) The Legislature further believes that such professions . . .

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, a v. FLORIDA STATE ATHLETIC COMMISSION,, 226 F.3d 1226 (11th Cir. 2000)

. . . . § 455.201. . . . .

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, a v. FLORIDA STATE ATHLETIC COMMISSION,, 226 F.3d 1226 (11th Cir. 2000)

. . . . § 455.201. . . . .

COLE VISION CORPORATION v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF OPTOMETRY,, 688 So. 2d 404 (Fla. Dist. Ct. App. 1997)

. . . Finally, section 455.201(4), Florida Statutes (1993), provides in pertinent part: No board, nor the department . . . Sections 463.014(l)(a) and (b) do not conflict with section 455.201(4). . . . optometrist can practice, are legislatively created restraints of trade that do not violate section 455.201 . . . restricts competition in the marketplace for eyewear and eye care services in violation of section 455.201 . . . Section 455.201(4), Florida Statues (1993), provides in pertinent part: “No board, nor the department . . .

FLORIDA NUTRITION COUNSELORS ASSOCIATION, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF MEDICINE, DIETETICS AND NUTRITION PRACTICE COUNCIL,, 667 So. 2d 218 (Fla. Dist. Ct. App. 1995)

. . . public health and safety, which is the sole permissible purpose for those regulations under section 455.201 . . . Sec. 455.201(2), Florida Statutes, provides "professions shall be regulated only for the preservation . . . See Sec. 455.201(3), Florida Statutes (Supp. 1994): "It is further legislative intent that the use of . . . Section 455.201(2)(a) provides: (2) The Legislature further believes that such professions shall be regulated . . .

A. BLACK, v. J. BARNES,, 776 F. Supp. 1000 (M.D. Pa. 1991)

. . . Pa.Stat.Ann. tit. 63, § 455.201 (1968 & 1991 Supp.). . . . .

B. GRUBER, v. OWENS- ILLINOIS INC., 899 F.2d 1366 (3d Cir. 1990)

. . . . § 455.201 and § 455.302 (Purdon 1988) (the “Licensing Act”) precluded Gruber from enforcing his agreement . . . The statute, § 455.201 defines “broker” as one who: (1) negotiates with or aids any person in locating . . .

SHANNON LUCHS COMPANY, K. v. MELLON BANK, N. A., 868 F.2d 577 (3d Cir. 1989)

. . . . § 455.201. . . . salesperson or associate broker, as those terms are defined in section 201 of 1980 Act. 63 Pa.Stat.Ann. § 455.201 . . . also defines the term "associate broker” as "A broker employed by another broker.” 63 Pa.Stat.Ann. § 455.201 . . .

WAYNE A. VANDENBURG ENTERPRISES, INC. d b a v. PARK DRIVE MANOR, INC., 678 F. Supp. 515 (E.D. Pa. 1987)

. . . . § 455.201. See also Boland v. . . . of Park Drive Manor, Inc., was the “purchase ... of [an] interest in ... real estate.” 63 Pa.S.A. § 455.201 . . . individual, corporation, partnership, association or other entity, foreign or domestic.” 63 Pa.S.A. § 455.201 . . .

DEPARTMENT OF PROFESSIONAL REGULATION v. J. HALL, Jr. A. T., 398 So. 2d 978 (Fla. Dist. Ct. App. 1981)

. . . Sections 20.30, 455.201 et seq., Fla.Stat. (1979). . . .