Florida Statutes

Fla. Stat. § 455.203 (2025)

Department; powers and duties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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 to a 4-year license to selected licensees notwithstanding any other provisions of law to the contrary. Fees for such renewal shall not exceed the fee caps for individual professions on an annualized basis as authorized by law.

(2) Appoint the executive director of each board, subject to the approval of the board.

(3) Submit an annual budget to the Legislature at a time and in the manner provided by law.

(4) Develop a training program for persons newly appointed to membership on any board. The program shall familiarize such persons with the substantive and procedural laws and rules and fiscal information relating to the regulation of the appropriate profession and with the structure of the department.

(5) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.

(6) Establish by rule procedures by which the department shall use the expert or technical advice of the appropriate board for the purposes of investigation, inspection, evaluation of applications, other duties of the department, or any other areas the department may deem appropriate.

(7) Require all proceedings of any board or panel thereof and all formal or informal proceedings conducted by the department, an administrative law judge, or a hearing officer with respect to licensing or discipline to be electronically recorded in a manner sufficient to assure the accurate transcription of all matters so recorded.

(8) Select only those investigators, or consultants who undertake investigations, who meet criteria established with the advice of the respective boards.

(9) Work cooperatively with the Department of Revenue to implement an automated method for periodically disclosing information relating to current licensees to the Department of Revenue. The purpose of this subsection is to promote the public policy of this state as established in s. 409.2551. The department shall, when directed by the court or the Department of Revenue pursuant to s. 409.2598, suspend or deny the license of any licensee found not to be in compliance with a support order, subpoena, order to show cause, or written agreement entered into by the licensee with the Department of Revenue. The department shall issue or reinstate the license without additional charge to the licensee when notified by the court or the Department of Revenue that the licensee has complied with the terms of the support order. The department shall not be held liable for any license denial or suspension resulting from the discharge of its duties under this subsection.

(10) Have authority to:

(a) Close and terminate deficient license application files 2 years after the board or the department notifies the applicant of the deficiency; and

(b) Approve applications for professional licenses that meet all statutory and rule requirements for licensure.

History.—s. 5, ch. 79-36; s. 27, ch. 81-302; s. 7, ch. 83-329; s. 15, ch. 86-285; s. 15, ch. 89-162; s. 1, ch. 90-228; s. 37, ch. 92-33; s. 7, ch. 92-149; s. 23, ch. 93-129; s. 10, ch. 93-208; s. 10, ch. 93-262; ss. 63, 64, ch. 94-218; s. 206, ch. 96-410; s. 4, ch. 97-261; s. 117, ch. 98-200; s. 24, ch. 2000-160; s. 51, ch. 2001-158; s. 38, ch. 2005-39; s. 21, ch. 2008-240.

Notes of Decisions

Cited in 5 cases, 1981–2015 · leading case: State, Dept. of Envir. v. Scm Glidco Org., 606 So. 2d 722 (Fla. 1st DCA 1992).

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State, Dept. of Envir. v. Scm Glidco Org., 606 So. 2d 722 (Fla. 1st DCA 1992). · cites it 2× “209, if applied to Glidco, are in direct and irreconcilable conflict with § 455.203, Fla. Stat., and therefore, JEPB Rule 2.”

Carter v. Dept. of Pro. Reg., 633 So. 2d 3 (Fla. 1994). · cites it 2× “1st DCA 1983) (probable cause panel's failure to record its proceedings as required by section 455.203(7) was subject to review pursuant to section 120.”

Dept. of Prof'l Reg. v. Hall, 398 So. 2d 978 (Fla. 1st DCA 1981). “Section 455.203(5), Fla. Stat. (1979). [4] In 1975, the Optometry Board adopted a policy statement indicating its view that Chapter 463 contained no specific or absolute prohibition on the prescription of drugs by optometrists, but cautioned that the Board would police use of…”

Beckum v. State, Dep't of Prof'l Reg., 427 So. 2d 276 (Fla. 1st DCA 1983). “st, urged to the hearing officer that the complaint, referred to the Division of Administrative Hearings on a finding of probable cause by a probable cause panel of the Board of Optometry, should be dismissed for failure of the probable cause panel to record its proceedings…”

Terrence A. Davis v. Dep't Of Bus. & Prof'l Reg., Elec. Contractors' Licensing Bd., 177 So. 3d 314 (Fla. 4th DCA 2015). · cites it 2× “; § 455.203(9), Fla. Stat. (2009). Appellee concedes appellant may re-apply to grandfather his registered electrical and registered alarm contractor licenses to certified electrical contractor by submitting a new application before November 1, 2015.”

— 455.203(5) — 1 case

— 455.203(7) — 2 cases

Carter v. Dept. of Pro. Reg., 633 So. 2d 3 (Fla. 1994). “1st DCA 1983) (probable cause panel's failure to record its proceedings as required by section 455.203(7) was subject to review pursuant to section 120.”

— 455.203(9) — 1 case

Terrence A. Davis v. Dep't Of Bus. & Prof'l Reg., Elec. Contractors' Licensing Bd., 177 So. 3d 314 (Fla. 4th DCA 2015). “; § 455.203(9), Fla. Stat. (2009). Appellee concedes appellant may re-apply to grandfather his registered electrical and registered alarm contractor licenses to certified electrical contractor by submitting a new application before November 1, 2015.”

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