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The 2025 Florida Statutes
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F.S. 455.225455.225 Disciplinary proceedings.—Disciplinary proceedings for each board shall be within the jurisdiction of the department.(1)(a) The department, for the boards under its jurisdiction, shall cause to be investigated any complaint that is filed before it if the complaint is in writing, signed by the complainant, and legally sufficient. A complaint is legally sufficient if it contains ultimate facts that show that a violation of this chapter, of any of the practice acts relating to the professions regulated by the department, or of any rule adopted by the department or a regulatory board in the department has occurred. In order to determine legal sufficiency, the department may require supporting information or documentation. The department may investigate, and the department or the appropriate board may take appropriate final action on, a complaint even though the original complainant withdraws it or otherwise indicates a desire not to cause the complaint to be investigated or prosecuted to completion. The department may investigate an anonymous complaint if the complaint is in writing and is legally sufficient, if the alleged violation of law or rules is substantial, and if the department has reason to believe, after preliminary inquiry, that the violations alleged in the complaint are true. The department may investigate a complaint made by a confidential informant if the complaint is legally sufficient, if the alleged violation of law or rule is substantial, and if the department has reason to believe, after preliminary inquiry, that the allegations of the complainant are true. The department may initiate an investigation if it has reasonable cause to believe that a licensee or a group of licensees has violated a Florida statute, a rule of the department, or a rule of a board. (b) When an investigation of any subject is undertaken, the department shall promptly furnish to the subject or the subject’s attorney a copy of the complaint or document that resulted in the initiation of the investigation. The subject may submit a written response to the information contained in such complaint or document within 20 days after service to the subject of the complaint or document. The subject’s written response shall be considered by the probable cause panel. The right to respond does not prohibit the issuance of a summary emergency order if necessary to protect the public. However, if the secretary, or the secretary’s designee, and the chair of the respective board or the chair of its probable cause panel agree in writing that such notification would be detrimental to the investigation, the department may withhold notification. The department may conduct an investigation without notification to any subject if the act under investigation is a criminal offense. (2) The department shall allocate sufficient and adequately trained staff to expeditiously and thoroughly determine legal sufficiency and investigate all legally sufficient complaints. When its investigation is complete and legally sufficient, the department shall prepare and submit to the probable cause panel of the appropriate regulatory board the investigative report of the department. The report shall contain the investigative findings and the recommendations of the department concerning the existence of probable cause. At any time after legal sufficiency is found, the department may dismiss any case, or any part thereof, if the department determines that there is insufficient evidence to support the prosecution of allegations contained therein. The department shall provide a detailed report to the appropriate probable cause panel prior to dismissal of any case or part thereof, and to the subject of the complaint after dismissal of any case or part thereof, under this section. For cases dismissed prior to a finding of probable cause, such report is confidential and exempt from s. 119.07(1). The probable cause panel shall have access, upon request, to the investigative files pertaining to a case prior to dismissal of such case. If the department dismisses a case, the probable cause panel may retain independent legal counsel, employ investigators, and continue the investigation and prosecution of the case as it deems necessary. (3)(a) As an alternative to the provisions of subsections (1) and (2), when a complaint is received, the department may provide a licensee with a notice of noncompliance for an initial offense of a minor violation. A violation is a minor violation if it does not demonstrate a serious inability to practice the profession, result in economic or physical harm to a person, or adversely affect the public health, safety, or welfare or create a significant threat of such harm. Each board, or the department if there is no board, shall establish by rule those violations which are minor violations under this provision. Failure of a licensee to take action in correcting the violation within 15 days after notice may result in the institution of regular disciplinary proceedings. (b) The department may issue a notice of noncompliance for an initial offense of a minor violation, notwithstanding a board’s failure to designate a particular minor violation by rule as provided in paragraph (a). (4) The determination as to whether probable cause exists shall be made by majority vote of a probable cause panel of the board, or by the department, as appropriate. Each regulatory board shall provide by rule that the determination of probable cause shall be made by a panel of its members or by the department. Each board may provide by rule for multiple probable cause panels composed of at least two members. Each board may provide by rule that one or more members of the panel or panels may be a former board member. The length of term or repetition of service of any such former board member on a probable cause panel may vary according to the direction of the board when authorized by board rule. Any probable cause panel must include one of the board’s former or present consumer members, if one is available, willing to serve, and is authorized to do so by the board chair. Any probable cause panel must include a present board member. Any probable cause panel must include a former or present professional board member. However, any former professional board member serving on the probable cause panel must hold an active valid license for that profession. All proceedings of the panel are exempt from s. 286.011 until 10 days after probable cause has been found to exist by the panel or until the subject of the investigation waives his or her privilege of confidentiality. The probable cause panel may make a reasonable request, and upon such request the department shall provide such additional investigative information as is necessary to the determination of probable cause. A request for additional investigative information shall be made within 15 days from the date of receipt by the probable cause panel of the investigative report of the department. The probable cause panel or the department, as may be appropriate, shall make its determination of probable cause within 30 days after receipt by it of the final investigative report of the department. The secretary may grant extensions of the 15-day and the 30-day time limits. In lieu of a finding of probable cause, the probable cause panel, or the department when there is no board, may issue a letter of guidance to the subject. If, within the 30-day time limit, as may be extended, the probable cause panel does not make a determination regarding the existence of probable cause or does not issue a letter of guidance in lieu of a finding of probable cause, the department, for disciplinary cases under its jurisdiction, must make a determination regarding the existence of probable cause within 10 days after the expiration of the time limit. If the probable cause panel finds that probable cause exists, it shall direct the department to file a formal complaint against the licensee. The department shall follow the directions of the probable cause panel regarding the filing of a formal complaint. If directed to do so, the department shall file a formal complaint against the subject of the investigation and prosecute that complaint pursuant to chapter 120. However, the department may decide not to prosecute the complaint if it finds that probable cause had been improvidently found by the panel. In such cases, the department shall refer the matter to the board. The board may then file a formal complaint and prosecute the complaint pursuant to chapter 120. The department shall also refer to the board any investigation or disciplinary proceeding not before the Division of Administrative Hearings pursuant to chapter 120 or otherwise completed by the department within 1 year after the filing of a complaint. The department, for disciplinary cases under its jurisdiction, must establish a uniform reporting system to quarterly refer to each board the status of any investigation or disciplinary proceeding that is not before the Division of Administrative Hearings or otherwise completed by the department within 1 year after the filing of the complaint. A probable cause panel or a board may retain independent legal counsel, employ investigators, and continue the investigation as it deems necessary; all costs thereof shall be paid from the Professional Regulation Trust Fund. All proceedings of the probable cause panel are exempt from s. 120.525. (5) A formal hearing before an administrative law judge from the Division of Administrative Hearings shall be held pursuant to chapter 120 if there are any disputed issues of material fact. The administrative law judge shall issue a recommended order pursuant to chapter 120. If any party raises an issue of disputed fact during an informal hearing, the hearing shall be terminated and a formal hearing pursuant to chapter 120 shall be held. (6) The appropriate board, with those members of the panel, if any, who reviewed the investigation pursuant to subsection (4) being excused, or the department when there is no board, shall determine and issue the final order in each disciplinary case. Such order shall constitute final agency action. Any consent order or agreed settlement shall be subject to the approval of the department. (7) The department shall have standing to seek judicial review of any final order of the board, pursuant to s. 120.68. (8) Any proceeding for the purpose of summary suspension of a license, or for the restriction of the license, of a licensee pursuant to s. 120.60(6) shall be conducted by the Secretary of Business and Professional Regulation or his or her designee, who shall issue the final summary order. (9) The department shall periodically notify the person who filed the complaint of the status of the investigation, whether probable cause has been found, and the status of any civil action or administrative proceeding or appeal. (10) The complaint and all information obtained pursuant to the investigation by the department are confidential and exempt from s. 119.07(1) until 10 days after probable cause has been found to exist by the probable cause panel or by the department, or until the regulated professional or subject of the investigation waives his or her privilege of confidentiality, whichever occurs first. However, this exemption does not apply to actions against unlicensed persons pursuant to s. 455.228 or the applicable practice act. Upon completion of the investigation and pursuant to a written request by the subject, the department shall provide the subject an opportunity to inspect the investigative file or, at the subject’s expense, forward to the subject a copy of the investigative file. The subject may file a written response to the information contained in the investigative file. Such response must be filed within 20 days, unless an extension of time has been granted by the department. This subsection does not prohibit the department from providing such information to any law enforcement agency or to any other regulatory agency. (11) A privilege against civil liability is hereby granted to any complainant or any witness with regard to information furnished with respect to any investigation or proceeding pursuant to this section, unless the complainant or witness acted in bad faith or with malice in providing such information. History.—s. 1, ch. 74-57; s. 5, ch. 79-36; s. 289, ch. 81-259; s. 33, ch. 81-302; s. 12, ch. 83-329; s. 8, ch. 84-203; s. 3, ch. 85-311; s. 5, ch. 86-90; s. 8, ch. 88-1; s. 5, ch. 88-277; s. 1, ch. 88-279; s. 3, ch. 89-162; s. 1, ch. 90-44; s. 5, ch. 90-228; s. 7, ch. 91-137; s. 2, ch. 91-140; s. 54, ch. 92-33; s. 21, ch. 92-149; s. 132, ch. 92-279; s. 55, ch. 92-326; s. 23, ch. 93-129; s. 314, ch. 94-119; s. 79, ch. 94-218; s. 305, ch. 96-406; s. 211, ch. 96-410; s. 1082, ch. 97-103; s. 2, ch. 97-209; s. 3, ch. 97-228; s. 142, ch. 97-237; s. 21, ch. 97-261; s. 4, ch. 97-264; s. 18, ch. 97-273; s. 4, ch. 98-166; s. 31, ch. 2000-160. Note.—Former s. 455.013.
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Annotations, Discussions, Cases:
Cases Citing Statute 455.225
Total Results: 49
94 So. 3d 541, 37 Fla. L. Weekly Supp. 395, 2012 WL 1947863, 2012 Fla. LEXIS 1063
Supreme Court of Florida | Filed: May 31, 2012 | Docket: 60310909
Cited 80 times | Published
have expressly included that sanction within section 455.225, Florida Statutes (Supp.1986)).
Two Florida
903 F.2d 1373, 16 Fed. R. Serv. 3d 1199, 1990 U.S. App. LEXIS 10071, 1990 WL 74352
Court of Appeals for the Eleventh Circuit | Filed: Jun 22, 1990 | Docket: 507871
Cited 56 times | Published
be lodged against the practitioner. Fla.Stat. § 455.225(3). If formal charges are brought, the Board as
929 F.2d 1552, 1991 U.S. App. LEXIS 7561, 1991 WL 53881
Court of Appeals for the Eleventh Circuit | Filed: Apr 30, 1991 | Docket: 313824
Cited 20 times | Published
letters of guidance pursuant to Florida Statutes § 455.225(3) (1983) (Count IV), damages for the improper
549 So. 2d 715
District Court of Appeal of Florida | Filed: Sep 20, 1989 | Docket: 1374191
Cited 15 times | Published
added). Indeed, the procedure set forth under Section 455.225, Florida Statutes (1987), relating to disciplinary
418 So. 2d 1081
District Court of Appeal of Florida | Filed: Aug 16, 1982 | Docket: 1288868
Cited 9 times | Published
which shall be a lay member of the Board." And Section 455.225(3), Florida Statutes (1981), describing discipline
979 So. 2d 1050, 2008 WL 762496
District Court of Appeal of Florida | Filed: Mar 25, 2008 | Docket: 1714448
Cited 8 times | Published
1995)). In Goodson, this court interpreted section 455.225(5), Florida Statutes, which requires that "[i]f
526 F. Supp. 2d 1251, 2007 U.S. Dist. LEXIS 91826, 2007 WL 4531971
District Court, S.D. Florida | Filed: Nov 19, 2007 | Docket: 808586
Cited 8 times | Published
expressly *1258 included that sanction within Section 455.225, and applying the harmless error rule).
Lastly
467 So. 2d 1058, 10 Fla. L. Weekly 1024
District Court of Appeal of Florida | Filed: Apr 23, 1985 | Docket: 1275290
Cited 7 times | Published
physicians by DPR was, in turn, authorized by Section 455.225(1), Florida Statutes (1983). The first subpoena
383 So. 2d 646
District Court of Appeal of Florida | Filed: Mar 12, 1980 | Docket: 457466
Cited 7 times | Published
the Department of Professional Regulation. See § 455.225, Fla. Stat. (1979).
890 F. Supp. 1540, 1995 U.S. Dist. LEXIS 9214, 1995 WL 389309
District Court, S.D. Florida | Filed: Jun 21, 1995 | Docket: 1607568
Cited 6 times | Published
regarding the interpretation of Florida Statute Section 455.225(3).
DISCUSSION
A. Standard of Review
Summary
705 So. 2d 652, 1998 WL 20674
District Court of Appeal of Florida | Filed: Jan 23, 1998 | Docket: 1555000
Cited 5 times | Published
referred to a probable cause panel pursuant to section 455.225, Florida Statutes (1995). The probable cause
633 So. 2d 3, 1994 WL 11607
Supreme Court of Florida | Filed: Jan 20, 1994 | Docket: 1128609
Cited 5 times | Published
FAILED TO COMPLY WITH THE TIME LIMITATIONS OF SECTION 455.225, FLORIDA STATUTES.
Carter, 613 So.2d at 82
469 So. 2d 893, 10 Fla. L. Weekly 1257
District Court of Appeal of Florida | Filed: May 21, 1985 | Docket: 1272601
Cited 5 times | Published
*898 against civil liability is granted by section 455.225(10) "to any complainant or any witness" regarding
398 So. 2d 978
District Court of Appeal of Florida | Filed: May 14, 1981 | Docket: 1326454
Cited 5 times | Published
supports prosecution of disciplinary charges. Section 455.225(3), Fla. Stat. (1979). In other interaction
695 F.3d 1215, 2012 WL 4120351, 2012 U.S. App. LEXIS 19814
Court of Appeals for the Eleventh Circuit | Filed: Sep 20, 2012 | Docket: 1418071
Cited 4 times | Published
have expressly included that sanction within section 455.225, Florida Statutes (Supp. 1986)).
Two Florida
625 So. 2d 1237, 1993 WL 314253
District Court of Appeal of Florida | Filed: Aug 20, 1993 | Docket: 473934
Cited 4 times | Published
penalty), approved, 531 So.2d 967 (Fla. 1988).
Section 455.225(5), Florida Statutes (1991), provides for a
609 So. 2d 92, 1992 WL 341758
District Court of Appeal of Florida | Filed: Nov 24, 1992 | Docket: 1738314
Cited 4 times | Published
hearing or discontinue prosecution pursuant to section 455.225(2), Florida Statutes (1991). The department
978 So. 2d 195, 33 Fla. L. Weekly Fed. D 531
District Court of Appeal of Florida | Filed: Feb 19, 2008 | Docket: 1508778
Cited 3 times | Published
that the Department failed to comply with section 455.225(5), Florida Statutes, because it did not terminate
627 So. 2d 31, 1993 WL 462703
District Court of Appeal of Florida | Filed: Nov 12, 1993 | Docket: 1552374
Cited 3 times | Published
reconsideration of the penalty, the court asserted that section 455.225(5) applied to both the guilt and penalty phases
602 So. 2d 1337, 1992 WL 170980
District Court of Appeal of Florida | Filed: Jul 23, 1992 | Docket: 1714492
Cited 3 times | Published
administrative action. On March 14, 1991, pursuant to section 455.225(4), Florida Statutes (1990 Supp.), the Department
565 So. 2d 1384, 1990 WL 120762
District Court of Appeal of Florida | Filed: Aug 23, 1990 | Docket: 1403664
Cited 3 times | Published
the Board failed to follow the dictates of section 455.225(5), Florida Statutes (1987). We affirm.
This
427 So. 2d 276
District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 1648131
Cited 2 times | Published
Department of Professional Regulation pursuant to section 455.225, Florida Statutes (1981). Beckum, a licensed
982 So. 2d 1237, 2008 WL 2219299
District Court of Appeal of Florida | Filed: May 30, 2008 | Docket: 1664995
Cited 1 times | Published
Chapter 475, Part II, Florida Statutes.
[2] Section 455.225(5), Florida Statutes (2006), provides in relevant
638 So. 2d 583, 1994 WL 267924
District Court of Appeal of Florida | Filed: Jun 20, 1994 | Docket: 1652531
Cited 1 times | Published
entitling that party to a formal hearing. Section 455.225(4), Florida Statutes (Supp. 1988), which governed
575 So. 2d 713, 1991 WL 17932
District Court of Appeal of Florida | Filed: Feb 14, 1991 | Docket: 2539751
Cited 1 times | Published
the board. Pursuant to its authority under Section 455.225(7), Florida Statutes, the department has appealed
488 So. 2d 103, 11 Fla. L. Weekly 937
District Court of Appeal of Florida | Filed: Apr 22, 1986 | Docket: 1287330
Cited 1 times | Published
hearing pursuant to chapter 120, as provided in Section 455.225(4), Florida Statutes (1983). We disagree, as
453 So. 2d 842
District Court of Appeal of Florida | Filed: Jul 19, 1984 | Docket: 1651277
Cited 1 times | Published
failed to comply with the requirements of Section 455.225, Florida Statutes (1983), governing the initiation
407 So. 2d 621
District Court of Appeal of Florida | Filed: Nov 10, 1981 | Docket: 305254
Cited 1 times | Published
disputed during the hearing. We disagree.
Section 455.225(4), Florida Statutes (1979) states:
A formal
407 So. 2d 621
District Court of Appeal of Florida | Filed: Nov 10, 1981 | Docket: 305254
Cited 1 times | Published
disputed during the hearing. We disagree.
Section 455.225(4), Florida Statutes (1979) states:
A formal
District Court of Appeal of Florida | Filed: Jul 10, 2024 | Docket: 68929433
Published
proceeding to reach the result under review. See §
455.225(5), Fla. Stat. (2024) (“A formal hearing before
261 So. 3d 676
District Court of Appeal of Florida | Filed: Dec 10, 2018 | Docket: 8379111
Published
whether to initiate a disciplinary action under
section 455.225, Florida Statutes, is not subject to the
requirements
477 B.R. 257
United States Bankruptcy Court, S.D. Florida. | Filed: Aug 24, 2012 | Docket: 65784212
Published
immunity. This Court agrees. Florida Statute § 455.225(4) (2012) describes the Defendants’ prosecutorial
Florida Attorney General Reports | Filed: Mar 18, 2008 | Docket: 3257208
Published
DCA 2002).
17 For purposes of comparison, section 455.225(4), Fla. Stat., authorizes a probable cause
Florida Attorney General Reports | Filed: Aug 21, 2002 | Docket: 3256363
Published
disclosure pursuant to section 455.225(10), Florida Statutes?
In sum:
Pursuant to section 455.225(10), Florida
777 So. 2d 1064, 2001 Fla. App. LEXIS 272, 2001 WL 37899
District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 64803600
Published
authority over licensed physicians pursuant to section 455.225, Florida Statutes (1995), through the Agency
705 So. 2d 605, 1997 Fla. App. LEXIS 14056, 1997 WL 770649
District Court of Appeal of Florida | Filed: Dec 17, 1997 | Docket: 64778721
Published
Schilling, 349 So.2d 185 (Fla. 3d DCA 1977); § 455.225(11), Fla. Stat. (1993).
673 So. 2d 531, 1996 Fla. App. LEXIS 4410, 1996 WL 218190
District Court of Appeal of Florida | Filed: May 2, 1996 | Docket: 64764587
Published
of the Board’s final licensing order. While section 455.225(7), when taken out of context, appears to support
Florida Attorney General Reports | Filed: Dec 14, 1994 | Docket: 3255746
Published
5 Section 641.515(3), Florida Statutes.
6 Section 455.225(10), Fla. Stat. (1993). And see, s.455.225(2)
613 So. 2d 78, 1993 Fla. App. LEXIS 1217, 1993 WL 12392
District Court of Appeal of Florida | Filed: Jan 26, 1993 | Docket: 64693880
Published
the board had disregarded the time limits in section 455.225, Florida Statutes (Supp.1986). Based upon the
579 So. 2d 390, 1991 Fla. App. LEXIS 4712, 1991 WL 82519
District Court of Appeal of Florida | Filed: May 21, 1991 | Docket: 64658676
Published
Department of Professional Regulation, per Section 455.225(1), Florida Statutes (1989).
The probable cause
566 So. 2d 26, 1990 Fla. App. LEXIS 6116, 1990 WL 116332
District Court of Appeal of Florida | Filed: Aug 14, 1990 | Docket: 64652646
Published
for the following reasons.
First, although section 455.225, Florida Statutes (1989), requires prior notice
719 F. Supp. 1076, 1989 U.S. Dist. LEXIS 10206, 1989 WL 99085
District Court, S.D. Florida | Filed: Aug 23, 1989 | Docket: 915929
Published
F.2d at 1510.
The challenged statute, F.S.A. § 455.225(3) (1983), states in pertinent part:
If the probable
Florida Attorney General Reports | Filed: Mar 1, 1989 | Docket: 3256753
Published
the disclosure provisions of Ch.119, F.S.2
Section 455.225(9), F.S. (1988 Supp.), provides:
The complaint
508 So. 2d 468, 12 Fla. L. Weekly 1366
District Court of Appeal of Florida | Filed: Jun 2, 1987 | Docket: 1648965
Published
effect of stripping Yolman of his rights under section 455.225[2] and section 120.60[3] to a hearing as a
469 So. 2d 893, 10 Fla. L. Weekly 1257, 1985 Fla. App. LEXIS 13974
District Court of Appeal of Florida | Filed: May 21, 1985 | Docket: 64612250
Published
*898against civil liability is granted by section 455.225(10) “to any complainant or any witness” regarding
460 So. 2d 395, 9 Fla. L. Weekly 2354, 1984 Fla. App. LEXIS 15801
District Court of Appeal of Florida | Filed: Nov 8, 1984 | Docket: 64608611
Published
proceeding further toward license revocation. § 455.225(3), Fla.Stat. (1983).
*396The position of the
Florida Attorney General Reports | Filed: Dec 22, 1981 | Docket: 3258004
Published
whom are lay persons pursuant s. 475.02, F.S.
Section 455.225(3), F.S., as amended by s. 33, ch. 81-302,
402 So. 2d 1290, 1981 Fla. App. LEXIS 20755
District Court of Appeal of Florida | Filed: Aug 12, 1981 | Docket: 64584830
Published
board, in this case the Board of Real Estate. § 455.225(2), Fla.Stat. (1979). The probable cause panel
398 So. 2d 1002, 1981 Fla. App. LEXIS 19904
District Court of Appeal of Florida | Filed: May 20, 1981 | Docket: 64582836
Published
interested party for purposes of § 120.54(5).” Section 455.225, in discussing disciplinary proceedings, gives
